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MrsPlips

More than a little confused

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My husband came to the US on the Visa Waiver program and we were in the process of getting his paperwork done, had just had the physical, and he had to go into the hospital and have surgery on his heart. He ended up overstaying visa waiver and because of a little fender bender, border patrol arrested him and he was deported back to the UK. He was out of status about 60 days. I spoke with ICE and they all told me to file a waiver, that he has no criminal history and it will cost a bit of money but he will be able to come back. I don't know what to file and in what order! I know I have to file a 212 but do I file that with IR-1/CR-1? Can he come back to the US if he applies for a visa and files the 212? I can't live in the UK, my father is elderly, has LOTS of medical problems, can't read, and lives with me 8 months of the year. Any advise would be appreciated.

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http://www.visajourney.com/content/i130guide1

First thing is to follow the guides

After USCIS your petition will go to NVC, then the interview in the UK where the visa will not be approved and you will be guided on how to submit the I212

How was the heart surgery paid for? It may come up re: public charge

good luck

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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You will have to file an I-130 for CR-1 and file a waiver 212 for inadmissibility. He will not be able to return to the US during the petition and visa process because of his ban for overstay,

Edited by mimolicious


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The USC does not interview in the beneficiaries home country

The USC rarely is interviewed at all

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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