Overstaying previous tourist visa

[Boiler 48,257]

The waiver is not that big of an issue, a paperwork exercise.

Quite what the relationship is, well that is hard to tell.

[Ontarkie 15,080]

~~Duplicate question removed from unrelated topic. Please do not post your questions in other members threads. ~~

[IcezMan_IcezLady 582]

I wonder if your "husband" who is more like an"ex" would file for you. Everything falls on your husband filing the waiver for you.

[Hypnos 6,579]

As stated above, I'm not sure a bona fide marital relationship exists that would form the basis upon which to file an I-130.

[Cathi 5,897]

you stated your marriage is no longer viable. So IR1 is out. You have no legal way to get here until your ban is up then you can file for a visitor visa which most likely will be denied because you overstayed your last visitor visa by 10 years. If your marriage is over, why do you want to come here so badly?

[NashonB 0]

Thank you all so much for taking the time to answer my questions, i truly appreciate. I've gotten a lot more info from you all than i have in years.

After I left, nothing happened. The only thing we tried was for me to get a visiting visa and obviously that was denied. so now, we don't know if that has ruined everything. we really didn't know what to do? while i was still there, we'd hired a lawyer, but we quickly realized that he was wasting our time and money. It's not that the marriage is over, more that the distance has taken it's toll on us, however, if we had a chance to be together again, we would do what had to be done. We still love each other, but him going back and forth is very expensive. So right now we're just trying to figure out what is our best option. At some point we even considered canada, he could relocate there but i've heard that if you've messed things up in US, the chances of getting into Canada are very slim as they share immigration info and such, is this true?

[NashonB 0]

As stated above, I'm not sure a bona fide marital relationship exists that would form the basis upon which to file an I-130.

Is he allowed to file the I-130 even with the ban in place? or would we have to wait until the ban is lifted? but then that means more time is going and it will get even harder to prove hardship.. this is beyond frustrating.

[Hypnos 6,579]

It can be filed. The embassy have the final say in whatever bans are appropriate. Given the circumstances as you have described them, your visa would be refused at the embassy due to your inadmissibility.

[NashonB 0]

So our best shot would be for him to file I-130 and basically cross our fingers?

[Hypnos 6,579]

Well he can file the I-130, it can be approved, and you'll be denied at the interview. That assumes that you can convince USCIS in the first place that you have a bona fide marriage.

Assuming you make it that far, after the visa denial you can attempt to file an I-601 waiver of your inadmissibility. You would need to show why it would be a hardship to your husband - not to you - if you were not admitted to the US. Assuming a perfect timeline, this would all take ~1.5 - 2 years.