Embassy records show the Immigrant Visa Unit returned your passport with a refusal letter

[roxydye 22]

25 minutes ago, Crazy Cat said:

Difficult to believe that an immigration attorney who knew about the overstay wouldn't also know about the ban taking effect when leaving the US.  I wouldn't trust that attorney for knowing day from night. 

That’s what I am worried about now since we will have to be guided by a lawyer through the waiver. I’m all for doing it ourselves while my husband is 100% pro a lawyer 

[Crazy Cat 39,562]

11 minutes ago, roxydye said:

That’s what I am worried about now since we will have to be guided by a lawyer through the waiver. I’m all for doing it ourselves while my husband is 100% pro a lawyer 

I haven't seen many people DIY a waiver.  I know it needs to be well structured.   Good luck.

[Seanabyyc95 0]

On 9/7/2022 at 8:18 AM, roxydye said:

Got a inadmissible note for overstaying a few years back. Guess we will file for the waiver 

Hello,

 

Did you have the overstay listed on the ds260? And it wasn't brought up in the interview?

[roxydye 22]

16 minutes ago, Seanabyyc95 said:

Hello,

 

Did you have the overstay listed on the ds260? And it wasn't brought up in the interview?

Yep

[Seanabyyc95 0]

15 minutes ago, roxydye said:

Yep

Did you receive anything from border that you had the ban?

[roxydye 22]

6 minutes ago, Seanabyyc95 said:

Did you receive anything from border that you had the ban?

No

[Seanabyyc95 0]

9 minutes ago, roxydye said:

No

Did you get an estimate for how long the waiver takes? Do you have to reapply? Sorry for your heart break on that

[roxydye 22]

28 minutes ago, Seanabyyc95 said:

Did you get an estimate for how long the waiver takes? Do you have to reapply? Sorry for your heart break on that

Spoke with the lawyer and he said he send several waivers before the pandemic started at the beginning of 2019 and they are just now getting word back.

He said it could take 3 years more or less

[Seanabyyc95 0]

52 minutes ago, roxydye said:

Spoke with the lawyer and he said he send several waivers before the pandemic started at the beginning of 2019 and they are just now getting word back.

He said it could take 3 years more or less

Oh my God I am so sorry to hear that! On your ds260 did you state in the box you had overstayed by more than 360 days? I can't believe it never came up in the interview, that's so rough!

[roxydye 22]

15 minutes ago, Seanabyyc95 said:

Oh my God I am so sorry to hear that! On your ds260 did you state in the box you had overstayed by more than 360 days? I can't believe it never came up in the interview, that's so rough!

The only time I brought it up during the interview was when he asked me when or where we lived together, and I told him about 3 years in the states and 3.5 in uk. And yes on ds260 it was stated both my entries and the length of them.

At this point it is what it is and we will focus on the waiver and what me and my husband can do for our marriage in the meantime 

[Family 3,549]

On 9/7/2022 at 4:04 AM, roxydye said:

On 9/7/2022 at 3:59 AM, Mike E said:

1. How many  years ago?

 

2. how long was the overstay?

It was 5 years ago and i overstayed by over one financial year so it’s a 10 year ban.

spoke w my husband just now and he wants to call a lawyer to see if we can do the waiver and him to return to uk to live with me while we’re waiting because it’s very expensive to pay 2 rents and 2 of everything plus the burden of not being together 

Hopefully you listen to your attorney before making immediate plans to have your husband go back to UK .

Husband needs to stay in the US for a bit just to gather the hardship evidence , including Therapy Treatment for a few months ( plus  waiver must claim hardship of living in US without you ). ..as well as hardship of living in the UK with you if he packs up and goes before waiver( s) is prepared / documented and filed , you seem aware that you will need I-212/I-601.

 

As you stated, focus on the waiver first, maybe stay with family in Romania if it helps alleviate financial pressure until it gets filed. ..even though you may prefer living in the UK . 
 

Although it can be DIY , your chances are better with legal help…especially since you must admit that you are prone to “ selective research “. …as @Mike E points out this forum loudly warned you are subject to the 10 year . ..two years back. 

 

Once the waivers are filed, if circumstances warrant your husband can DIY an expedite request …by calling the 800 #. 

A good filing will get approved..so stay positive and engaged. Curaj . 

 

[Family 3,549]

On 9/7/2022 at 4:25 AM, Mike E said:

am not sure I’ve seen su

@Mike E ..you have definitely seen worst..I saw you see it..Lol! 

But this particular one is not wrong inasmuch as I-130 is the “ correct path” and OP did not address directly IF she disclosed her overstay to the attorney AND if he advised that 10 year bar won’t apply or be caught at IV interview.

 

Plus, most attorneys would follow protocol and advise OP she needs to wait for Inadmissibility findings and Refusal Letter..rather than pre empt filing I-212/I-601 as soon as I-130 is approved and NVC fee paid…

 

A smart strategy because one never knows if “surprise” inadmissibility findings could pop up ..such as “ working without authorization “, for example.

[Boiler 43,683]

I 601 for overstay

 

I 212?

 

A well prepared waiver for an overstay is usually straightforward and rarely not approved. I would also suggest a lawyer in this case not that I have not seen people successfully DIY.

 

So you need a lawyer and a lawyer who will not hang around preparing and submitting. 

[Family 3,549]

11 minutes ago, Boiler said:

I 212?

Thank you for the correction, I was under the impression OP had another post under waivers forum .Not needed for ULP

[Mike E 11,725]

41 minutes ago, Family said:

@Mike E ..you have definitely seen worst..I saw you see it..Lol! 

Worse than malpractice  that leads to the alien leaving the USA and being banned for 10 years?

 

I can’t think of it.