GC holder spouse and overstay.

[Sophielynn 0]

I'm the spouse of a GC holder. PD June2014.

My spouse and I had to hold off on our case a bit due to an injury he received last year making him unable to work for a while. I came to the US December 2015 during the time to spend 6 weeks helping him get around and with our child that lives in the US with him. At the time of my trip I was a few weeks pregnant and given the ok to fly by my Dr. During my stay in the US I had a trip to the ER where I found out I had an underlying medical issue serious enough with the pregnancy that I was advised against any air travel. I was referred to a high risk Dr here who told me that I can't fly unless the issue resolved itself and I was told tests showed I had Zika exposure. 1 month before my visiting visa was about to expire the problem had not gotten better and I had to deliver my baby early which was rough.

It's now 3 months since the delivery and my visa expired by 2 months.

My husband has recovered and gone back to work during the time and we want to get on work our case.

What are my options?

My case iscenario close to being complete but I'm scared of going ahead and having an interview scheduled for me which I can't attend?

Is there a save approach to this without being faces with some type of ban or penalty?

What are my chances for an overstay waiver?

I honestly had all intentions of obeying the terms of my visa and going through consular processing, I was that close!

[aleful 1,905]

hi

if you leave now you won't have any need for a waiver, the waiver is needed for overstay between 6 months to a year, then you would have a 3 year ban and in need of a waiver, or if you overstay over a year, you will have a 10 year ban and in need of a waiver

you will have your interview in your country, but as said, if you leave now, then you will have less than 6 months of overstay, you won't get a ban and you won't need to file a waiver, just have proof that you left in time

Edited August 12, 2016 by aleful

[Sophielynn 0]

Happy to know I won't need a waiver.

So I can just leave and attend the interview? Would it be OK even with a few months overstay?

[aleful 1,905]

hi

yes, as long as you don't overstay too long, less than 6 months,

of course you won't be able to return until you get your visa,

[Sophielynn 0]

Won't any questions be raised though as to why I didn't obey the laws of my visa? Will I need to provide any special documents from the Dr's or so?

[aleful 1,905]

hi

you can always take the drs documents and letters to the interview, but as long as you prove that you haven't overstayed too long, you won't have problems'

always tell the truth, it's important that you leave as soon as you can, you've already overstayed 2 months

[newacct 688]

Shouldn't NVC have contacted you to initiate the consular processing process long ago? In October 2015 (the first month when Dates for Filing were available), Dates for Filing for F2A were March 2015, which means they should have contacted you to initiate the process by then. Final Action Dates for F2A reached June 2014 in Dec 2015 / Jan 2016. So shouldn't you have basically been in the middle of the process and almost interviewing by the time you came to the US?

[Sophielynn 0]

Shouldn't NVC have contacted you to initiate the consular processing process long ago? In October 2015 (the first month when Dates for Filing were available), Dates for Filing for F2A were March 2015, which means they should have contacted you to initiate the process by then. Final Action Dates for F2A reached June 2014 in Dec 2015 / Jan 2016. So shouldn't you have basically been in the middle of the process and almost interviewing by the time you came to the US?

My case was not and still not complete. We had put it on hold at the time due to a financial issue which we are now over.

& we haven't since continued because I didn't want to have casecomplete and an interview scheduled which I wouldn't have been able to attend.

This whole process is a stressful to us. We have been filing our case without a lawyer so I'm just trying to figure out the best approach to continue.

[Sophielynn 0]

Shouldn't NVC have contacted you to initiate the consular processing process long ago? In October 2015 (the first month when Dates for Filing were available), Dates for Filing for F2A were March 2015, which means they should have contacted you to initiate the process by then. Final Action Dates for F2A reached June 2014 in Dec 2015 / Jan 2016. So shouldn't you have basically been in the middle of the process and almost interviewing by the time you came to the US?

At the time I came to the USA. I still needed to pay the fees and send in supporting documents. During my stay here I paid only one fee and mailed in both packages. Didn't pay both because I didn't want to get case complete just yet.

2 weeks later I received a request for evidence mail asking us to pay the other fees. I ignored it until last night after finding out that I wouldn't be penalized if I come back now. So that payment is now in process.

Any other suggestions?

[Adil & Jeanne 296]

Get a letter from the doctor who told you that you could not travel and hospital records

you may need to show this at interview time

so, get it now as mailing one later to you gets to be expensive / and in some cases they even do not allow the spouse to know, see or get copies of medical records

even filing out a POA (power of attorney) for him at this point is a good idea

[newacct 688]

Get a letter from the doctor who told you that you could not travel and hospital records

you may need to show this at interview time

so, get it now as mailing one later to you gets to be expensive / and in some cases they even do not allow the spouse to know, see or get copies of medical records

even filing out a POA (power of attorney) for him at this point is a good idea

It shouldn't be relevant. They shouldn't be able to deny the immigrant visa unless she has a ban.