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Filed: IR-1/CR-1 Visa Country: Hungary
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My wife overstayed a tourist visa for roughly 500 days. She was a student on a F-1 visa when we met and got married - after she finished school, we briefly left the country to visit her family, and then she returned on a tourist visa. At this time, we had planned on moving to Europe (she is an EU citizen), and we were only returning to prepare for the move. It was then we found out about our first baby, and my wife was diagnosed with a high-risk pregnancy (I have these documents). So, we decided to stay and submitted theI-485 (the I-130 has already been approved by this point).

 

After several months of processing, the form was returned to us because USCIS wanted a newer form version (we had to wait several months before submitting to save the money, but I had already filled out the form and had it ready to go). I don't have any documentation of this. By that time, I had a job offer abroad, so we made plans to move and left about three months after. It was then that we found out about the ten-year period of inadmissibility, which of course we are very regretful.

So, our current situation is we live in the UAE - we are ready to file the AOS and the IV, but of course we realize that in the visa interview she will be found inadmissible. We have two small children - my wife is from Hungary, and I don't speak Hungarian (I am not sure if I could earn a sufficient living there). I know the I-601 is really hard to get approved (especially without a lawyer), but my hope is someone may be able to provide me with an informal opinion or some additional information. At this point, I'm wondering it it's even worth trying. Thanks so much for reading!

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Filed: IR-1/CR-1 Visa Country: Colombia
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Posted (edited)
2 hours ago, ws1889 said:

My wife overstayed a tourist visa for roughly 500 days. She was a student on a F-1 visa when we met and got married - after she finished school, we briefly left the country to visit her family, and then she returned on a tourist visa. At this time, we had planned on moving to Europe (she is an EU citizen), and we were only returning to prepare for the move. It was then we found out about our first baby, and my wife was diagnosed with a high-risk pregnancy (I have these documents). So, we decided to stay and submitted theI-485 (the I-130 has already been approved by this point).

 

After several months of processing, the form was returned to us because USCIS wanted a newer form version (we had to wait several months before submitting to save the money, but I had already filled out the form and had it ready to go). I don't have any documentation of this. By that time, I had a job offer abroad, so we made plans to move and left about three months after. It was then that we found out about the ten-year period of inadmissibility, which of course we are very regretful.

So, our current situation is we live in the UAE - we are ready to file the AOS and the IV, but of course we realize that in the visa interview she will be found inadmissible. We have two small children - my wife is from Hungary, and I don't speak Hungarian (I am not sure if I could earn a sufficient living there). I know the I-601 is really hard to get approved (especially without a lawyer), but my hope is someone may be able to provide me with an informal opinion or some additional information. At this point, I'm wondering it it's even worth trying. Thanks so much for reading!

Well, I have heard two versions in relation to the waivers 1) that you must wait until the interview and that the consul says that you are inadmissible and what kind of waiver I601 or I212 you need for remaining illegal in the usa and when you leave, a punishment of 3-10 years is activated. 2) Another version is like  In your case, you know that they will ask you for that waiver  and you send it before the interview to advance that process.

Wait for comments from other forum members.  You can go preparing the extreme reasons that you would suffer as a citizen if they do not give that forgiveness to your wife.  Good  luck !

Edited by Marthaeu

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Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted (edited)
36 minutes ago, Marthaeu said:

Well, I have heard two versions in relation to the waivers 1) that you must wait until the interview and that the consul says that you are inadmissible and what kind of waiver I601 or I212 you need for remaining illegal in the usa and when you leave, a punishment of 3-10 years is activated. 2) Another version is like  In your case, you know that they will ask you for that waiver  and you send it before the interview to advance that process.

Wait for comments from other forum members.  You can go preparing the extreme reasons that you would suffer as a citizen if they do not give that forgiveness to your wife.  Good  luck !

Hmm, that's interesting - I just hate to waste more money on the process if it's success is unlikely. Thanks so much for your comment and kind wishes :)

Edited by ws1889

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
1 hour ago, ws1889 said:

Hmm, that's interesting - I just hate to waste more money on the process if it's success is unlikely. Thanks so much for your comment and kind wishes :)

I understood that you made adjustment of status which is only while living in the United States and now you are out of the United States, so how is the current case?

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Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted (edited)
36 minutes ago, Marthaeu said:

I understood that you made adjustment of status which is only while living in the United States and now you are out of the United States, so how is the current case?

Yes, that's correct - we filed the AOS while living in the US. The case is quite current - we didn't take any action  until about a year ago when we filed an I-824 to request the I-130 be forwarded to the NVC. The NVC just received the I-130 last month, so that's why now I'm considering if it's a sunk cost or not in terms of the petition being successful (with the inevitable I-601... I didn't realize that so few are approved 😕 ). The only other option would be to just wait (we'd still have six years). It's difficult because all of my family and all of her family live in the US (her parents are US citizens, but they didn't naturalize until after we were married).

Edited by ws1889

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Filed: IR-1/CR-1 Visa Country: Colombia
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Posted (edited)
42 minutes ago, ws1889 said:

Yes, that's correct - we filed the AOS while living in the US. The case is quite current - we didn't take any action  until about a year ago when we filed an I-824 to request the I-130 be forwarded to the NVC. The NVC just received the I-130 last month, so that's why now I'm considering if it's a sunk cost or not in terms of the petition being successful (with the inevitable I-601... I didn't realize that so few are approved 😕 ). The only other option would be to just wait (we'd still have six years). It's difficult because all of my family and all of her family live in the US (her parents are US citizens, but they didn't naturalize until after we were married).

I understand your case but do not be discouraged, read in this topic "Waivers (I-601 and I-212) and Administrative Processes (221g)" and you will find ideas for your extreme harship . So you do not expect to be 10 years abroad just 12-18 months for approval of the I601

Edited by Marthaeu

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Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
11 hours ago, Marthaeu said:

I understand your case but do not be discouraged, read in this topic "Waivers (I-601 and I-212) and Administrative Processes (221g)" and you will find ideas for your extreme harship . So you do not expect to be 10 years abroad just 12-18 months for approval of the I601

Okay, I will definitely do that! Thanks again :)

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