Jump to content

16 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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 any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

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.”

Share this post


Link to post
Share on other sites

***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).


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
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 😳

Share this post


Link to post
Share on other sites
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.”

Share this post


Link to post
Share on other sites
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!

Share this post


Link to post
Share on other sites
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 any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
1 minute ago, Boiler said:

By far the longest and most complicated process.

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 🙄

Share this post


Link to post
Share on other sites
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 any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×