Should I contnue with submitting documents to NVC

[jbrillantes813 0]

 Earlier this year ,I received a notice that my i-130 petition for my wife was approved. I am currently at the step of submitting the supporting and financial documents to the NVC.

 

The last time my wife was in the US she overstayed her visa and left voluntarily. She tried to re-enter a few years later (not knowing her visa status) and was denied entry and was barred for five years. It is coming up on four years now so she is still under that restriction. I am trying to get the exact dates and information but I just wanted to get the question out there. My question is, will she be denied a visa at the interview? Is it possible to get approved for a visa even with this penalty? I thought I researched prior that it would be ok but now I am unsure.

 

If you need any more information or clarification, please reply and I will try to obtain any information to get the best possible answer. 

 

All comments and feedback are appreciated. Thank you.

 

 

[Just Paul 4,591]

I believe this is what you need. You can file for a 601 waiver.  https://www.uscis.gov/i-601

• In the meantime you can submit the I-130 documents.
• You need to have the 601 interview before the Department of State visa interview.

[jbrillantes813 0]

1 hour ago, Paul & Mary said:

I believe this is what you need. You can file for a 601 waiver.  https://www.uscis.gov/i-601

• In the meantime you can submit the I-130 documents.
• You need to have the 601 interview before the Department of State visa interview.

Thanks, for the feedback. 

 

I have submittted the i-130 and it was approved. Do you mean submit the supporting documents to the NVC?

 

 I found her documents so she received 5 year ban for staying over 9 months and 28 days. This was in 2014.

 

The instructions for the i601 say to use this if she is found inadmissible during the interview. Also, it applies to the 3 and 10 year ban. Does not mention 5 year..more confusion.

 

 

[Just Paul 4,591]

23 minutes ago, jbrillantes813 said:

I found her documents so she received 5 year ban for staying over 9 months and 28 days. This was in 2014.

 

Do you have the citation that part of her refusal of entry?  That would help to determine what the options are. 

 

There is also Permission to Reapply.

https://www.uscis.gov/sites/default/files/files/form/i-212instr.pdf

 

I guess worst case is to send in the NVC documents then see what refusal is giver at the interview.  

[Just Paul 4,591]

Here is a link here on VJ.   

 

[jbrillantes813 0]

Thanks for the feedback