IR-1 after long overstay in US

[SHORTY81 0]

Hi everyone, I lived in the U.S for almost 13yrs. I got married in 2010 an i had to return to my country because my father wasn't well at all , he was in his last days. I returned to my country in feb/2011. I im trying to get back to the U.S. I dont know much abt immigration law's but my husband hired a lawyer an so far all i have is an approved I-797 notice of action case type I-130. Now we are abt to file an I-824 where do i go from , an how long does that process take?

[Penguin_ie 5,986]

Are you sure you mean your husband filed the "I-824 Application for Action on an Approved Application or Petition" and not the I-864- Affidavit of Support?

What does the lawyer say about the case? It looks like you had an overstay in the USA of several years. How did you enter the USA originally and how long were you out-of-status? Why did you never get your greencard in the 13 years/ after marriage? If you did overstay, you will get to the interview (filing to interview usually takes 9-12 months), and will be denied at interview. Then your husband needs to file a hardship waiver showing he cannot move abroad and you not being with him is significant hardship (NOT just that he misses you). This will take another few months to be processed, and where the lawyer will be really important.

[SHORTY81 0]

Firstly I must say thank you for replying. The lawyer told my husband that he needs to file I-824. I visited the U.S on vacation in the year of 1998 an over stayed my time. Meet my husband in the year of 2005. we live together for a couple of years an then we got married in 07/10. After which we started the process of filing in Jan/2011.

[Nattychic 1]

Did your husband file for u in 2010 or is did he started the petition when u came back home? If it's the latter then u in for a long wait. Like u I came back home cause of family now everyday I regret it. For the past year and two months I have been waiting, its the worst mistake of my life. Like penguin said you've got to go through the process the last step would be the waiver; takes three to four months once everything goes through ie I-864. Its been the longest and worst time of my life but everyday that goes by is one step closer to the man I love no matter how slow the day drages and BS I put up with.

[Sergi9 110]

Firstly I must say thank you for replying. The lawyer told my husband that he needs to file I-824. I visited the U.S on vacation in the year of 1998 an over stayed my time. Meet my husband in the year of 2005. we live together for a couple of years an then we got married in 07/10. After which we started the process of filing in Jan/2011.

If you entered legally in 1998 you could have filed I130 and then adjusted status. Now that you are out of the US, the lengthy overstay will cause you to have to file an I601. If you were in proceedings (notified by USCIS at any point to leave) then you will also be filing an I212. Unfortunately now you will be facing a 10 year bar to re-entry which can only be lifted by the approval of the I601. It doesn't sound like your husbands attorney is familiar with this process, find an attorney experienced with hardship waivers (i601)

good luck and read the research links here so you know what you are doing and what to ask the attorney.

[SHORTY81 0]

If you entered legally in 1998 you could have filed I130 and then adjusted status. Now that you are out of the US, the lengthy overstay will cause you to have to file an I601. If you were in proceedings (notified by USCIS at any point to leave) then you will also be filing an I212. Unfortunately now you will be facing a 10 year bar to re-entry which can only be lifted by the approval of the I601. It doesn't sound like your husbands attorney is familiar with this process, find an attorney experienced with hardship waivers (i601)

good luck and read the research links here so you know what you are doing and what to ask the attorney.

i did enter the U.S legally an my I130 had been approved .... and now our lawyer is saying that we have to file an I-824 Im not familiar with the immigration law's very confused....

[SHORTY81 0]

Are you sure you mean your husband filed the "I-824 Application for Action on an Approved Application or Petition" and not the I-864- Affidavit of Support?

What does the lawyer say about the case? It looks like you had an overstay in the USA of several years. How did you enter the USA originally and how long were you out-of-status? Why did you never get your greencard in the 13 years/ after marriage? If you did overstay, you will get to the interview (filing to interview usually takes 9-12 months), and will be denied at interview. Then your husband needs to file a hardship waiver showing he cannot move abroad and you not being with him is significant hardship (NOT just that he misses you). This will take another few months to be processed, and where the lawyer will be really important.

yes the lawyer sent out the I-824 yesterday an he told my husband that it will speed up the process ... Is that really ture?

[SHORTY81 0]

Did your husband file for u in 2010 or is did he started the petition when u came back home? If it's the latter then u in for a long wait. Like u I came back home cause of family now everyday I regret it. For the past year and two months I have been waiting, its the worst mistake of my life. Like penguin said you've got to go through the process the last step would be the waiver; takes three to four months once everything goes through ie I-864. Its been the longest and worst time of my life but everyday that goes by is one step closer to the man I love no matter how slow the day drages and BS I put up with.

[/qu

he started filing the petition in jan/2011 an i left feb/2011 ..

[Penguin_ie 5,986]

I don't see how it would speed up the process, ask the lawyer how?

Also ask the lawyer about the waiver package he is/ should be preparing. The answers to those questions should give you a good idea whether the money you give the lawyer is worth spending...

[Sergi9 110]

yes the lawyer sent out the I-824 yesterday an he told my husband that it will speed up the process ... Is that really ture?

tell your husband to come on the forum and read the I601 Research links. The lawyer you have doesn't know what the heck he/she is doing. I-824 makes no sense in the context of what you have described.

[SHORTY81 0]

tell your husband to come on the forum and read the I601 Research links. The lawyer you have doesn't know what the heck he/she is doing. I-824 makes no sense in the context of what you have described.

i need help really an truly, dont know what to do any more i spoke to lawyer an now he is saying that i should file I-601. how could i file a hardship waiver whats the best way of filing it?

[SHORTY81 0]

tell your husband to come on the forum and read the I601 Research links. The lawyer you have doesn't know what the heck he/she is doing. I-824 makes no sense in the context of what you have described.

im so stressed out i need to know how do i go about the process? plz guide me. i need as much help as i can get.

[SHORTY81 0]

If you entered legally in 1998 you could have filed I130 and then adjusted status. Now that you are out of the US, the lengthy overstay will cause you to have to file an I601. If you were in proceedings (notified by USCIS at any point to leave) then you will also be filing an I212. Unfortunately now you will be facing a 10 year bar to re-entry which can only be lifted by the approval of the I601. It doesn't sound like your husbands attorney is familiar with this process, find an attorney experienced with hardship waivers (i601)

good luck and read the research links here so you know what you are doing and what to ask the attorney.

what are the requiments to file a hard ship waiver? i've been in my country for almost 9 months now an i have no where to stay my husband sends me money to help me servive what can i do ? plz help me.

[SHORTY81 0]

Are you sure you mean your husband filed the "I-824 Application for Action on an Approved Application or Petition" and not the I-864- Affidavit of Support?

What does the lawyer say about the case? It looks like you had an overstay in the USA of several years. How did you enter the USA originally and how long were you out-of-status? Why did you never get your greencard in the 13 years/ after marriage? If you did overstay, you will get to the interview (filing to interview usually takes 9-12 months), and will be denied at interview. Then your husband needs to file a hardship waiver showing he cannot move abroad and you not being with him is significant hardship (NOT just that he misses you). This will take another few months to be processed, and where the lawyer will be really important.

what can i possably do i've been in my country for 9months now an my husband sends me money to help me out because i have no one to turn to an he pays my rent for where i live. how do we go about filing a hardship wavier?

[SHORTY81 0]

what are the requiments to file a hard ship waiver? i've been in my country for almost 9 months now an i have no where to stay my husband sends me money to help me servive what can i do ? plz help me.

survive i ment