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JennChristo   1

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Alright, here goes:

 

I am a US citizen (and UK), with US residency. My husband (as of 10/01/18) is a Dominican & Greek Citizen with DR residency. I'm in the DR with him now, but am going stateside next week. We wanted to start his green card process, but I'm a little intimidated. 

 

Husband came to US on ESTA Program 5 years ago, and overstayed 1.5 years. He wasn't deported, he bought a plane ticket and left. He was arrested when he was in US, but has no charges on record. He also had cancer, which I'm being told may impact Visa?

 

My understanding is we have to apply for the Visa we know will be denied, and THEN file a waiver? Why can't we just jump to the waiver?

 

We have spoken to: one useless Dominican attorney who told us the waiver is just an apology and no big deal, one Catholic charities representative who has said everything will suck for us, and I can't apply til I have health insurance for him (?) and that's it. That's literally as far in the process as we have gotten.

 

Any help?

Unlockable Mentor

Unlockable   7,315

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Filed: Citizen (pnd) Country: Dominican Republic
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Hi @JennChristo,

 

There is a lot more information needed to help.

 

May I ask, what was he arrested for and how was it that he was arrested and not charged with anything? Did he have a court hearing? Is he currently seeking treatment for the cancer?

 

Because he overstayed over a year of his visitor visa, he likely has a 10 year ban from the US. This requires a waiver that you are asking about. But the arrest and cancer treatment may also complicate things more.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Boiler Grand Master

Boiler   45,657

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Filed: K-1 Visa Country: Wales
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US would seem the hardest move of your options.

 

You can not file the waiver until you have been interviewed and told what you need to waive, you can prepare it so it is good to go.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Posted

***Duplicate thread removed; do not start multiple threads with identical content.***

 

**Moderator hat off**

 

56 minutes ago, JennChristo said:

Why can't we just jump to the waiver?

 

It just doesn’t work that way.

 

59 minutes ago, JennChristo said:

 We have spoken to: one useless Dominican attorney who told us the waiver is just an apology and no big deal, one Catholic charities representative who has said everything will suck for us, and I can't apply til I have health insurance for him (?) and that's it. That's literally as far in the process as we have gotten.

 

The Dominican attorney was grossly incorrect on everything which you already concluded.  The Catholic Charities representative was wrong about you needing to have insurance for him prior to you filing (you will be filing, not applying).

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JennChristo Rookie

JennChristo   1

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11 minutes ago, Ryan H said:

***Duplicate thread removed; do not start multiple threads with identical content.***

 

**Moderator hat off**

 

 

It just doesn’t work that way.

 

 

The Dominican attorney was grossly incorrect on everything which you already concluded.  The Catholic Charities representative was wrong about you needing to have insurance for him prior to you filing (you will be filing, not applying).

Oh man, sorry 😳

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
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Posted
2 minutes ago, JennChristo said:

What do you mean?

By far the longest and most complicated process.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JennChristo Rookie

JennChristo   1

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19 minutes ago, NuestraUnion said:

Hi @JennChristo,

 

There is a lot more information needed to help.

 

May I ask, what was he arrested for and how was it that he was arrested and not charged with anything? Did he have a court hearing? Is he currently seeking treatment for the cancer?

 

Because he overstayed over a year of his visitor visa, he likely has a 10 year ban from the US. This requires a waiver that you are asking about. But the arrest and cancer treatment may also complicate things more.

He was arrested for larceny under 250 for eating groceries because he was hungry 🙄 he did this agreement where he didn't get any trouble for x amount of time and it wasn't going to be on his record. I think they called it AR?

 

He is currently in remission!

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted
4 minutes ago, JennChristo said:

What do you mean?

Meaning that it would be easier to move to your husband seeing that there are a lot of obstacles for him to overcome to even be able to come to the US. Certainly going to be a few years with the waiver involved.

 

But alas, what of the questions I asked above.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted
Just now, JennChristo said:

Ugh I know 😭

 

And it's not that I mind so much living in the DR, it's that I hate the fact that my whole life is inaccessible to someone I love so much 🙄

Not as inaccessible as you think. He is willing to move to another country for you. You can do the same for him. America is not the end all.

 

But he has criminal history on US soil and an overstay. There is a lot to deal with. It is true that he has to file for a visa, then get denied, then get told if he qualifies for a waiver. This is how the process works. There is no skipped straight to the visa. This process has been like this for many years.

 

The reason I asked about about treatment for cancer is that the US doesn't want to see immigrants that may become a public charge. So you would have to show that you would be able to provide for him. With an illness, it could get very expensive.

 

As you can see, the issues can compound, which is why the path of least resistance is for you to move to him.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

JennChristo Rookie

JennChristo   1

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2 minutes ago, NuestraUnion said:

Not as inaccessible as you think. He is willing to move to another country for you. You can do the same for him. America is not the end all.

 

But he has criminal history on US soil and an overstay. There is a lot to deal with. It is true that he has to file for a visa, then get denied, then get told if he qualifies for a waiver. This is how the process works. There is no skipped straight to the visa. This process has been like this for many years.

 

The reason I asked about about treatment for cancer is that the US doesn't want to see immigrants that may become a public charge. So you would have to show that you would be able to provide for him. With an illness, it could get very expensive.

 

As you can see, the issues can compound, which is why the path of least resistance is for you to move to him.

I know America isn't the be all. It's just all I feel confident in, because it's all I know. I'm currently trying to work past that.

Boiler Grand Master

Boiler   45,657

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Filed: K-1 Visa Country: Wales
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Posted

You mentioned the UK as well.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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