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  • Visa delayed to re-enter the states

    I have a very close friend whose wife and daughter aren't being allowed back into the U.S. due to the fact that the wife's previous visa expired before she left the U.S. The woman wasn't his wife when she left the U.S. he married her in hre native country after their daughter was born. First, she was told yes then she wad told no due to the previous visa expiring before she left the U.S. Please tell me that there is some hope for my friend that they will allow his family to ocme to the U.S. when she goes back for her next appointment.

  • #2
    I have a very close friend whose wife and daughter aren't being allowed back into the U.S. due to the fact that the wife's previous visa expired before she left the U.S. The woman wasn't his wife when she left the U.S. he married her in hre native country after their daughter was born. First, she was told yes then she wad told no due to the previous visa expiring before she left the U.S. Please tell me that there is some hope for my friend that they will allow his family to ocme to the U.S. when she goes back for her next appointment.

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    • #3
      Because she overstayed her visa, she'll be automatically banned from entering the US for a certain number of years. First of all, how many days did she overstay? Depending on the length of overstay, the ban is either 3 or 10 years. After the ban expires, she'll be eligible enter again.

      If her husband is a LPR, then there is no choice but to wait for the ban to expire. If the husband is a US citizen, they can file I-601 hardship waiver. Basically, you are begging the immigration to allow them back because the US citizen is suffering from a hardship without them. You have to state something that is concrete. Being away from his wife and daughter is not considered hardship (that would be true to every single applicants). It is probably difficult in this situation (I do not see a real hardship). However, that's his only chance.

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      • #4
        He is a US citizen. The length of her overstay was less than a year. She has been back in her native country now for nearly 2.5 years. Do you know if the ban will start from the time that she left the US or will it start as of the time that they brought the issue of her overstay to light (which was a couple of weeks ago)?

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        • #5
          From the date she left.

          I assume they have filed K3 or CR1, so they have the option of either filing a waiver, I-601, or just waiting out her ban.

          It could be that the waiver will take longer than the length left on the ban.

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by smmfh2007:
            He is a US citizen. The length of her overstay was less than a year. She has been back in her native country now for nearly 2.5 years. Do you know if the ban will start from the time that she left the US or will it start as of the time that they brought the issue of her overstay to light (which was a couple of weeks ago)? </div></BLOCKQUOTE>
            Forget about the waiver then. Just wait out half a year and petition for visa when she is eligible again.

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            • #7
              another phony marriage, another criminal err... illegal alien (expired visa) who duped an American guy to marry her but now her criminal activities, that is, making fun of our laws, caught up with her. Illegals never learn, it's a trait of theirs.
              to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

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