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tanyakaraman

Tourist Visa overstayed, is Marriage visa possibe?

By tanyakaraman in Waivers (I-601 and I-212) and Administrative Processes (221g)

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tanyakaraman Collaborator

tanyakaraman   0

Posted
Filed: K-1 Visa Country: Turkey
 Timeline
Posted

Ok here's the situation: A friend of mine's husband originally came to the US from Turkey on a tourist visa, which he overstayed. He stayed here for like 10 years during which time he got married and had a child with his wife (who he married here). In 2008, he was deported back to Turkey. His wife and son are still here in the US and are determined to stay here but it is difficult for them to be without their husband and father. Is there any chance of him being approved for a marriage based visa? His wife and son are US citizens. I know it would be a long drawn out process. Has anyone heard of an approval in this type of situation?

ROC Journey:

01/19/2010 - Mailed ROC paperwork to Vermont Service Center

01/21/2010 - ROC package arrived at VSC

01/26/2010 - Check cashed

01/28/2010 - Received NOA, GC extended for 1 year

02/25/2010 - Biometrics taken

04/23/2010 - Conditions lifted! :)

05/01/2010 - Ten-year GC received...on hubby's birthday! Yay!

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
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Posted

They apply for the visa, get denied because he has a 10-year ban, and then they file for a waiver of the ban.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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pushbrk Grand Master

pushbrk   12,134

Posted
Filed: Other Country: China
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Posted

They apply for the visa, get denied because he has a 10-year ban, and then they file for a waiver of the ban.

If he left voluntarily, this would be correct. The I-601 waiver does not solve the problem after a deportation. You use the I-212 and file it after the petition but prior to applying for a visa. Attorney time for certain.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
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Posted

Question time,why didn't thejudge allow him to AOS when he was in ICE custody before deportation. Was he married at the time he was picked up by ICE. Was there any other charges against him beside an over-stay? I am only asking these of the way you wrote your post.

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Ryan H Grand Master

Ryan H   3,791

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Waivers and Administrative Processes forum; spouse of OP's friend will require a waiver.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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