Husband overstayed VW and returned to UK AOS not yet filed

[Meybenot 0]

My husband came to the US 5 years ago on a visa waiver. We got married and have been married for almost 3 years. For reasons too numerous to mention, we have not filed his AOS yet, and he went back to the UK for his sons wedding. We thought it would be better to file the AOS with him not being in the country illegally but have since learned that he should have stayed here and now we are afraid we can't get him back home. Heartbroken and confused, I was wondering if any of you kind people can direct me as what I should do next? He got a NEW passport this past summer because his old one expired. Thanks for any help you can give us.

[Glyn and Kathy 288]

Ouch! I can't really offer any advice except to get an immigration attorney? I'm pretty sure he's triggered a ban of some type. I'm so sorry this is happening. Good luck to you both. Worse comes to worse, the UK is lovely ( I lived there for 2 years) and its a lot easier to get a spousal visa to live there.

[belinda63 2,981]

You will have to start the IR-1 visa process and when the visa is denied for his overstay file the I-601 waiver.

[Brother Hesekiel 2,235]

Doesn't matter.

Had you filed for AOS the petition would have been denied and most likely they would have ordered him deported, right then and there.

Now that he left, you saved yourself $420 plus $1,070 plus the money for the medical. That's the good news.

The bad news is that he won't be coming back until 2021. You can file an I-130 (petition for an alien relative) for him and once approved, it goes to NVC. NVC will ask you for an Affidavit of Support and once that's done the package goes to the US Embassy in England. There he will apply for a CR-1 visa and that will get denied, at which time he will need to submit an I-601 waiver. While it's not impossible to get one, it's about as easy as surviving a 100mph crash on a motorcycle that hits a wall.

So hope for the best, but plan to move to England until 2021.

Good luck!

[NigeriaorBust 4,087]

As others have said he has triggered a ban for his overstay. The ban is for 10 years. He is also never able to use the visa waiver program again. When you petition him it will be denied because of the ban. The way to ask that the ban be lifted is to file a waiver but the bad thing about the UK it is almost impossible to write a winning waiver. The waiver must show that you the USC suffer extreme hardship without your husband ( ok that you might do) and that it is IMPOSSIBLE for you to live in his country. ( no doable for the UK unless you are banned from there for life )

[JimVaPhuong 4,863]

Slightly off topic...

How does someone who has been a member of this site for almost three years not know this stuff?

[Harpa Timsah 13,258]

Is this your husband? http://www.visajourney.com/forums/topic/292283-im-in-uk-wife-is-in-the-states-been-apart-now-5-months/page__pid__4427907#entry4427907

[Meybenot 0]

Is this your husband? http://www.visajourney.com/forums/topic/292283-im-in-uk-wife-is-in-the-states-been-apart-now-5-months/page__pid__4427907#entry4427907

That's him, he didn't tell me he posted.

Slightly off topic...

How does someone who has been a member of this site for almost three years not know this stuff?

I visited, forgot to bookmark, couldn't remember the site! Finally found it again, thanks for asking.

[Val and Gary 29]

As others have said he has triggered a ban for his overstay. The ban is for 10 years. He is also never able to use the visa waiver program again. When you petition him it will be denied because of the ban. The way to ask that the ban be lifted is to file a waiver but the bad thing about the UK it is almost impossible to write a winning waiver. The waiver must show that you the USC suffer extreme hardship without your husband ( ok that you might do) and that it is IMPOSSIBLE for you to live in his country. ( no doable for the UK unless you are banned from there for life )

There have been quite a few approved I 601's from London.

[JimVaPhuong 4,863]

I visited, forgot to bookmark, couldn't remember the site! Finally found it again, thanks for asking.

Too bad you didn't stick around. What you would have learned would have avoided this mess.

[nigel 7]

The bad news is that he won't be coming back until 2021. You can file an I-130 (petition for an alien relative) for him and once approved, it goes to NVC. NVC will ask you for an Affidavit of Support and once that's done the package goes to the US Embassy in England. There he will apply for a CR-1 visa and that will get denied, at which time he will need to submit an I-601 waiver. While it's not impossible to get one, it's about as easy as surviving a 100mph crash on a motorcycle that hits a wall.

So hope for the best, but plan to move to England until 2021.

Good luck!

Just Bob.... with respect mate i disagree...a overstay can & do get forgiven via the London embassey 601 waiver route and "not impossible" neither....takes time to process plus hardship letters from the usc & immigrant, plus a wack evidence showing the usc & maybe children/Family is having real hardships, with being seperated from her immigrant "husband" plus the uscis/dhs shakes you upside down for more $$$ for your 601 waiver...

Ive been down this route myself...so i have first hand at this...i knew i was going to get denied at my 130 interveiw there in london, but i had my 601 waiver plus my hardship letters, plus supporting documents ready to drop in the officers hands there and then at interveiw..at the time it took 10 wks for the us emabssey to contact myself to say that my 130 &601 was approved..

Not sure how long the London US Embassey takes to process 601 waivers nowadays and how they process....but i do know there not as half bad as most countries.

My advice to the other o.p would be.. goto the 601/212 waiver post and that would give a better idea of what it takes... but this is very durable and you can survive a 100mph crash into a wall !... that's if you have ya armor with you of course..

[Meybenot 0]

Just Bob.... with respect mate i disagree...a overstay can & do get forgiven via the London embassey 601 waiver route and "not impossible" neither....takes time to process plus hardship letters from the usc & immigrant, plus a wack evidence showing the usc & maybe children/Family is having real hardships, with being seperated from her immigrant "husband" plus the uscis/dhs shakes you upside down for more $$$ for your 601 waiver...

Ive been down this route myself...so i have first hand at this...i knew i was going to get denied at my 130 interveiw there in london, but i had my 601 waiver plus my hardship letters, plus supporting documents ready to drop in the officers hands there and then at interveiw..at the time it took 10 wks for the us emabssey to contact myself to say that my 130 &601 was approved..

Not sure how long the London US Embassey takes to process 601 waivers nowadays and how they process....but i do know there not as half bad as most countries.

My advice to the other o.p would be.. goto the 601/212 waiver post and that would give a better idea of what it takes... but this is very durable and you can survive a 100mph crash into a wall !... that's if you have ya armor with you of course..

Thank you so much for this post, we will likely follow this route and at least try. What a horrible and heartbreaking mistake we have made! Of course we accept responsibility and will do whatever we need to. Thanks again.

[nigel 7]

Thank you so much for this post, we will likely follow this route and at least try. What a horrible and heartbreaking mistake we have made! Of course we accept responsibility and will do whatever we need to. Thanks again.

Your welcome...I also sent you a pm

If there is Love and you guys want to be together again, then Love will win everytime..where there is a will there is a way..

take a look at this link also..

http://immigrate2us....pe-North-Africa

Best wishes

[Brother Hesekiel 2,235]

Just Bob.... with respect mate i disagree...a overstay can & do get forgiven via the London embassey 601 waiver route and "not impossible" neither....takes time to process plus hardship letters from the usc & immigrant, plus a wack evidence showing the usc & maybe children/Family is having real hardships, with being seperated from her immigrant "husband" plus the uscis/dhs shakes you upside down for more $$ for your 601 waiver...

Ive been down this route myself...so i have first hand at this...i knew i was going to get denied at my 130 interveiw there in london, but i had my 601 waiver plus my hardship letters, plus supporting documents ready to drop in the officers hands there and then at interveiw..at the time it took 10 wks for the us emabssey to contact myself to say that my 130 &601 was approved..

Not sure how long the London US Embassey takes to process 601 waivers nowadays and how they process....but i do know there not as half bad as most countries.

My advice to the other o.p would be.. goto the 601/212 waiver post and that would give a better idea of what it takes... but this is very durable and you can survive a 100mph crash into a wall !... that's if you have ya armor with you of course..

Correct,

that's why I compared the chances of getting an I-601 approved with surviving the motorcycle crash. It's possible, but not very likely. You got lucky, and I'm well aware of the London connection. For anybody wanting to take on the challenge, I would strongly suggest getting in touch with Laurel Scott. She is the one person I would retain for this purpose:

http://www.scottimmigration.net/content/about-us

[nigel 7]

Correct,

that's why I compared the chances of getting an I-601 approved with surviving the motorcycle crash. It's possible, but not very likely. You got lucky, and I'm well aware of the London connection. For anybody wanting to take on the challenge, I would strongly suggest getting in touch with Laurel Scott. She is the one person I would retain for this purpose:

http://www.scottimmi...ontent/about-us

J.B.. Do you know what the stats are for approved London 601 waivers? ..Better & faster than most of the countries...

I Don't Know the full background history of the O.P, but on filling on just a "overstay only" and with good hardship letters from both USC & Immigrant, plus evidence to back up the USC Hardships/letters of not having her Immigrant husband around i would say it's a 50/50 at this stage ...not sure about you, but to be back with your USC family , thats worth a "challenge" i would and have taken all day long....better than saying best wait 10 more yrs until your ban is up..

Now if the O.P had more iffy history other than just a overstay, such as been involved in heavy crime or even worse been involved in drugs of some sort...then myself could make a comment such as your sample of a " surviving a motorcycle crash" Why? cas because there is some things the US Goverenment just won't forgive, such as the above crimes

for a sample i know of several members who got caught smoking pot 10 /20 and even 30 yrs ago when they where young students and thought the sun shines from there backsides.....only to one day find out they have to be fileing a 601 waiver yrs down the line....nomatter what sort of hardships the usc, i have never seen/heard anybody approved in a situation like that, nomatter what sort of hardships the usc/family has...You Defo need Luck there to be approved..i mean a lot of Luck...

As for being Lucky..hmmmm yes i/we might of had a "little" bit of luck, you have to really when dealing with such people.... because some adjuicator officer, with half of brain looked over our 601 waiver/ hardships, read our files and used commen sense finally...

Im and many others are living proof that one can survive a motocycle crash...and ive got the scars to prove it also....oh yep and not so good bank account...

There is a valid reason why there is such a 601 waiver form.....such as for the O.P in question..