blackrain76

Actually the I-130 stays alive, because it does not have an expiration date--in some cases after a 601 is denied they can "wait out" the ban and be approved immediately. The only way for it to "die" is if it is revoked for another reason, which it seems has not happened in this case.

What you need to do is figure out where the I-130 is right now and then have it transferred to the consulate where your wife resides. Sometimes it is transferred back to the original USCIS office, but if it has been less than a year it would still be at the consulate. You can call the Department of State or USCIS customer service to try to make this determination.

Is the ban now over? How long has it been since the I-601 was denied? This will help determine whether you have to re-apply for an I-601 or appeal the old 601 decision or even file one at all.

In this case, while you can do it alone, since the 601 has already been denied once I would encourage you to consult with a qualified immigration attorney that is experienced with 601 cases. Immigrate2US is a good place to start as they advised, but an attorney is definitely a good idea. There are also suggestions for attorneys on that site from all over the country as well as examples of previously approved 601 packages.

Good luck :-)

Actually the I-130 stays alive, because it does not have an expiration date--in some cases after a 601 is denied they can "wait out" the ban and be approved immediately. The only way for it to "die" is if it is revoked for another reason, which it seems has not happened in this case.

What you need to do is figure out where the I-130 is right now and then have it transferred to the consulate where your wife resides. Sometimes it is transferred back to the original USCIS office, but if it has been less than a year it would still be at the consulate. You can call the Department of State or USCIS customer service to try to make this determination.

Is the ban now over? How long has it been since the I-601 was denied? This will help determine whether you have to re-apply for an I-601 or appeal the old 601 decision or even file one at all.

In this case, while you can do it alone, since the 601 has already been denied once I would encourage you to consult with a qualified immigration attorney that is experienced with 601 cases. Immigrate2US is a good place to start as they advised, but an attorney is definitely a good idea. There are also suggestions for attorneys on that site from all over the country as well as examples of previously approved 601 packages.

Good luck :-)

She has got 6 years left on her penalty.

Can anyone please tell me if i can re file an I130 petition for my wife.

She currently has a ten year penalty for overstaying in the U.S.A for 4 years.

She had an interview in 2007 and was denied on grounds of overstaying.

we filed a Hardship waiver but was also denied (maybe because i was an LPR) since then i have become naturalized.

We have 3 children Two American born and one British born. 5,4,2.

If someone could lead me in the right direcion and tell me what to do ?.

Do i need to refile ? and do i need an Attorney to refile the 1130 ?.

Or should i refile the 1i30 myself ? and then if my wife gets denied again should i hire an Attorney for the Waiver ?.

Please advise me as soon as possible.

Wife has been away from me for a long time and is getting very impatient. I need to do something very fast as i have three beautiful chilren.

Rico

I know that An LPR cannot leave for for more than 6 months

My question is as follows :-

Can a New Naturalized citizen leave the country for a few years and still come back to the U.S.A. ?

is there a residenc requirement for a New Citizen ? Please help me with this answer if you guys can.

Thank you

much appreciated.

Rick

If a person gets naturalized can they leave the U.S for a few years..

If the wife of a new citizen has a penatly of ten years for overstaying and cannot come into the country, can the new naturalized citizen leave for a few years ,spend time and supprt his or her family overseas and still come back to the U,S,A.

Can a person after having been Naturalized leave the U.S for a lengthy period of time without having to worry about restrictions.

Yes, you can. Just make sure that while you're naturalizing, that you obey the time restrictions as an LPR.

Good luck!

Can a person who becomes naturalized leave the U.S FOR EVER..?

Can anyone please tell me if i can re-apply for my wife if she has a ten year penalty for overstaying in the U,S.

when i first applied for my wife i was an LPR and had filed the I130 for her.

She went throught the whole visa process n was denied, and had to fill out a hardship waiver because she had overstayed for 4 years.

I have just becme a citizen and want to get her back in the U.S and do not know what to do or where to start. If someone can please advise i will greatly appreciate it.

Do i need to file the I130 again or what.

Also i have three children

2 are u.s.c

1 British

all under the age of 5.

Rick

Can a person after having been Naturalized leave the U.S for a lengthy period of time without having to worry about restrictions.

Hi everyone I am knew to the site but in the same boat as some of you. Me and my husband are waiting on approval of the I-601. He's been in Mexico going on 7months. Does anyone know the most recent approved date for I-601 backlogg

by any chance or if the pilot program is making wait time shorter?

First appt.-oct.5,2006

Interview-oct.20,2006

at DHS-nov.16,2006

The London DHS OFFICE GOT MY I601 on May 3 2007..Still pending, They keep adding more cases and are not working on the old ones sitting there..?

How long does it normally take and can the I601 go to completed from Pending..? Somneone please help....!

My husband voluntarily went back to England in Jan. 07 after living in the US for almost 15 years "undocumented". We met at the end of 2004, dated throughout 2005 & married last Feb. 2006. He was living here pretty much as a ghost and I was having concerns about being married to someone who I couldn't list on my tax returns or any financial documents. So he spoke with an attorney here in FL who advised him "incorrectly" (we know that now) to go back to England & process the paperwork to come back legally. Wanting to build a stable financial future for both of us, he didn't question this any further, he booked a flight & left after the holidays. Well, I found an immigration attorney to help me with filing for him to come home and the first thing they said, he should have never left. We could have filed an adjustment of status. That was a very bitter pill to swallow! So, we cried & we sobbed and then brushed ourselves off & now we're positively forging ahead. I filed the I-130 on 3/19/07.

To complicate our furture paperwork, he does have a criminal record in England spanning over 10 years from theft to driving violations which he served time. And then the biggie...living in the US since 1993 illegally. My attorney has sent me affidavits for our friends & family to fill out verifying his moral character. She also sent me info. for the I-601 which I have to research further because I don't have a financial hardship with him gone because I'm a partner in a business.

I'm looking for any advise from members who may have experienced any of these problems & came out the other side.

Thank you

I understand exactly what your going through, I have been married for almost 8 years now with my wife and we have 3 little children, She came from the United Kingdom in Nov 99 and overstayed until Oct 04. I should have sent her back after her 3 months visit and bring her back on the visa waiver program, How stupid i was not too, we could have done that until her case was approved. I could have become a U.S Citizen in 01 and could have speeded things up but no, I had rocks in my head. We did file a I130 in 99 when she got here but only got approved after she voluntarily left the country in Oct 04.Since then we have been on a emotional rollercoaster. No use explaining what happened as far as the difficulties go but i can say one thing, We have suffered big time. Anyway,i will tell you the outcome of this kind of case..

I believe in hoping for the best but i have learned not to give people false hope and to also not break anyones heart with negativity at the same time

Just want to tell those people who have overstayedwhat will happen (but then again your not Muslim) so it all depends.

My wife had an interivew in London on Jan19 07 after 7 years of filing the I130, Boy were we excited.. lol

She went for the Interview and the woman who took the Interview was a Rascist (We are Muslim by the way) lol

She bluntly told my wife her visa will not be given to her on that day because she had overstayed.

We have filed a 1601 and is pending right now at the London USCIS suboffice.

We filed the I601 without any Attorneys advice or help leaving everything in Gods Hands.

The people who have drafted this Hardship thing are very smart. You basically have no choice, How the hell can anyone prove hardship ?.

Economic Hardship and Seperation are the greatest Hardships anyone can face.

Being very sick and having health conditons are worse but who the hell wishes for that just to live in a certain Country.

I know i have no chance but if it does get done it will be a Miracle..

All i can do is expect the worst and hope for the best.....

In the meantime i have filed for citizenship and will wait for my interview, become a citizen, go back to Good ol England be a father and Husband to my wife and children and hopefully come back and fight another day.

Over and out.

P.s Two of my kids are Amercan Born (No wonder they"re ticked off.

My husband voluntarily went back to England in Jan. 07 after living in the US for almost 15 years "undocumented". We met at the end of 2004, dated throughout 2005 & married last Feb. 2006. He was living here pretty much as a ghost and I was having concerns about being married to someone who I couldn't list on my tax returns or any financial documents. So he spoke with an attorney here in FL who advised him "incorrectly" (we know that now) to go back to England & process the paperwork to come back legally. Wanting to build a stable financial future for both of us, he didn't question this any further, he booked a flight & left after the holidays. Well, I found an immigration attorney to help me with filing for him to come home and the first thing they said, he should have never left. We could have filed an adjustment of status. That was a very bitter pill to swallow! So, we cried & we sobbed and then brushed ourselves off & now we're positively forging ahead. I filed the I-130 on 3/19/07.

To complicate our furture paperwork, he does have a criminal record in England spanning over 10 years from theft to driving violations which he served time. And then the biggie...living in the US since 1993 illegally. My attorney has sent me affidavits for our friends & family to fill out verifying his moral character. She also sent me info. for the I-601 which I have to research further because I don't have a financial hardship with him gone because I'm a partner in a business.

I'm looking for any advise from members who may have experienced any of these problems & came out the other side.

Thank you