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Posted

Good afternoon everyone this is my second post on this forum and i'm really glad its hear for guidance and support, so well done everyone.

Just to explain my situation. I am a UK citizen and my husband is a US citizen in the Us currently.

I met him in around 2006 on the Internet through some music reviews he was writing, and like you do just talk on and off about stuff and it stayed that way for years up until 2009 when we started to get to know each other a lot better and inevitably started to like each other.

I first visited him in early 2010. Things worked out in the flesh and i came home again planning on visiting him again soon.

I returned back to the US in sept 2010. On November the 23rd we got married thinking that being married it would give us the rights to apply for a green card visa whilst i was still there. However after much reading around we found out this was not the case and i returned home again in march 2011.

However whilst there i overstayed my Visa Waver by 65 days.

We decided that it would be better for my husband to come and visit me and eventually spend xmas together.

During the summer we where both working really hard in out respective countries to make that happen.

Sadly and unexpectedly he collapsed at work on 31st august this year and after hospitalization was found to have a 6cm brain tumor which after removal turned out to be a serious form of cancer, he is currently undergoing treatment for the part they couldn't remove for fear of paralyzing him. He is 26.

After much scrambling round and knowing that because of the overstay i couldn't just jump plane to be with him, we started the Visa process. It was successfully expedited and you see me at the point today where i am waiting for my interview in London this coming January 11th 2012.

My question is to people who have been through a similar process on what i can do to make sure i get approved as i dont know how much time he has left and i absolutely can not let him down anymore. Of course i know about having to prove the date which i returned, i have work payslips, jobseekers letters, tax letters, letters from co workers, bank statements......

I would just love to hear any help or advise you can give me.

Kindest regards jenny

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from DCF to CR-1 forum as OP did not file directly via the embassy ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted (edited)

ok thanks we're just both looking for any advice anyone can give us

An overstay shouldn't affect your immigrant visa. It affects VWP as you know, but not the CR1 visa. Just make sure you have all the documents you need for the interview. Most of your documents are probably in your file from NVC, but if you sent photocopies to NVC then take the originals. Go over the affidavit of support documents (I-864) carefully to make sure you have those exactly following the instructions. NVC has accepted those but the embassy has found fault. Example: There was a co-sponsor but no proof they were US citizens, ie photocopy of US birth certificate or US passport.

Other holdups have been:

  • the UK birth certificate wasn't the "long form" listing your parent's names
  • the UK passport didn't have 6-8 months remaining before expiration
  • The UK passport went through the washing machine and they made them get a new one.

Go over the document checklist to make sure everything has been sent to NVC or is in hand to take to the interview http://london.usembassy.gov/application_documents.html

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

An overstay shouldn't affect your immigrant visa. It affects VWP as you know, but not the CR1 visa. Just make sure you have all the documents you need for the interview. Most of your documents are probably in your file from NVC, but if you sent photocopies to NVC then take the originals. Go over the affidavit of support documents (I-864) carefully to make sure you have those exactly following the instructions. NVC has accepted those but the embassy has found fault. Example: There was a co-sponsor but no proof they were US citizens, ie photocopy of US birth certificate or US passport.

Other holdups have been:

  • the UK birth certificate wasn't the "long form" listing your parent's names
  • the UK passport didn't have 6-8 months remaining before expiration
  • The UK passport went through the washing machine and they made them get a new one.

Go over the document checklist to make sure everything has been sent to NVC or is in hand to take to the interview http://london.usembassy.gov/application_documents.html

Cheers yes, as in most things the devil is in the detail. Both my husband and myself fully intend to get eveyting we need, he has sent my 99% of the things we need already.

I really appreciate you taking the time to help me out.

Have a great new years day!

 
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