More than a little confused

[MrsPlips 0]

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.

[canadian_wife 1,791]

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 December 28, 2012 by canadian_wife

[Cathi 5,610]

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 December 28, 2012 by mimolicious

[MrsPlips 0]

Thank you for your help. Will I have to be in UK for the interview? And the surgery was paid for by us, no public assistance.

[canadian_wife 1,791]

The USC does not interview in the beneficiaries home country

The USC rarely is interviewed at all

good luck

[MrsPlips 0]

The USC does not interview in the beneficiaries home country

The USC rarely is interviewed at all

good luck

Thank you for your fast reply and your help! Happy New Year!