I 130

[Woest 0]

This could be a stupid question I don't know but I've tried finding an answer on the internet and can't seem to find one.

I got married two years ago to my wife who is an American citizen. She filed the i 130 and it was approved while I was living with my wife in the US. My question is this, I have had to travel back to my country for a family emergency. Can I assume that I will not be allowed back to the US and do we have to refile the i 130?

I hope someone can help answer this for me.

[Merrytooth 5,748]

Only I-130 approved? Did you guys file I-1485 (Adjustment of Status as well) and Advanced Parole I-131??

Edited August 24, 2016 by Merrytooth

[Woest 0]

Hi thanks for such a quick reply. Unfortunately no we didn't. Only the I 130. We were in the process of getting all the paperwork ready for the i 485. It took quite a while to get all my documents from my country.

Edited August 24, 2016 by Woest

[Merrytooth 5,748]

I-130 approval alone does not give you any legal status in US.

What type of visa are you holding right now? Do you accrue overstay in US?

[NigeriaorBust 4,087]

I you have stayed in the US that long without some other status you will have a large ban. How did you enter the US ?

[Woest 0]

Hi, sorry that I've taken so long to reply. After reading your questions you asked me, my wife and I went and did a little research. I'm pretty sure I've been slapped with a 10 year ban. I stupidly overstayed my visa. We didn't know any better. We gave the USCIS office a call after my i 130 was approved to ask about the next step to be taken. They said we must file the i 485 next. It took a while for me to gather my all my documents from my home country as I said before. The USCIS person that I talked to was told about my situation and have me no indication that I was overstating my visa. They just said that we must gather all the documents needed and file when it's ready.

In all honesty, we truly thought we were within the law. So my question has now changed quite a bit. My question is now, how are going to fix this? Is there anything that can be done? Or are we just screwed because of our stupidity?

I've searched and read about the i 601 waiver but it's still very unclear because most of the information is for a spouse that is still in the US. I am not. Any help would be greatly appreciated.

[Woest 0]

And sorry, I entered on a B2 visa.

[NigeriaorBust 4,087]

It sounds like youi are now out of the country , you have a 10 year ban , so you need to have an inerview in your country which will be denied and then you will have to file an 601 waiver ( not a 601a) and your spouse will have to prove hardship to a standard that allows for the waiver to be approved.

[Woest 0]

Thank you for your reply. Yes i have done a fair amount of reading up on the i601 waiver. My wife does suffer hardship with me not being with her. Besides the fact that it is absolutely not an option for her to come to my country. We would have to move to another country.

You mentioned an interview that I must go to that would be denied. What interview would that be? Do I first have to go to that before filing the i602 waiver? The whole procedure and process is quite confusing.

[NigeriaorBust 4,087]

The approved I130 would prompt an interview for the Cr/IR1 visa but because you have a ban you will be denied. you must be denied to file the waiver. Have you informed them you are out of the country

[Woest 0]

No i haven't informed them that I'm out the country. Who do I inform and do I inform them here in my country? Also, how does this interview work? Would they let me know when the interview would be? Sorry but this is very confusing. Please if you can, explain what my next step should be.

This is where I stand now.

I left the US and am in my country. I realise I have a huge ban. I have an approved I 130. I haven't contacted anyone to let them know I've left. What is the next step to be taken?

I can't thank you enough for the information you have given me thus far.

[KayDeeCee 4,893]

~ Moved from AOS from Work, Student & Tourist Visas to Waivers and AP ~

[Woest 0]

Ok I think I've got this now. Correct me if I'm wrong. I must apply for the iR1 Spouse visa. Wait for the interview where the visa will be denied. Then only can I file the I 601. Just need to know where and who I must contact to let them know I left the US.

[Mounat 74]

Just need to know where and who I must contact to let them know I left the US.

They already know. And if somehow you snuck out in a shipping container, they'll know when you apply from an embassy overseas.

Good luck.

[Woest 0]

Thank you. I now at least know what I have to do and what I'm up against.