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Thread: waiver - overstaying

  1. #1
    hello everyone i'm new here,i need your help i'm married to a US citizen and we have kids too.my problem is that i have been charged for overstay,with the consular of the embassy it was the final process of my immigrant visa.i had no idea about it the whole time that i was in the US (1 year) we started the process over there and i got the 1-130 approved,before i left for a visit to my homeland i called the immigration office they said that i have to apply for an "advaced parole" and the green card,and wait for approval then i ask if they can send my file to my country continue it here and come back with immigration visa.my husband is over there in the US.i'm here with the kids for two years alrady.my question is there any chance to speed the process-waiver which is take for one year.if i'm bared for 3 years i came in the US in 2003-04 when can i enter again?and is there any other solution to my problem.i Apologize for my written mistakes.
    anyone that know anything about my situation and can help i would appreciate.

  2. #2
    hello everyone i'm new here,i need your help i'm married to a US citizen and we have kids too.my problem is that i have been charged for overstay,with the consular of the embassy it was the final process of my immigrant visa.i had no idea about it the whole time that i was in the US (1 year) we started the process over there and i got the 1-130 approved,before i left for a visit to my homeland i called the immigration office they said that i have to apply for an "advaced parole" and the green card,and wait for approval then i ask if they can send my file to my country continue it here and come back with immigration visa.my husband is over there in the US.i'm here with the kids for two years alrady.my question is there any chance to speed the process-waiver which is take for one year.if i'm bared for 3 years i came in the US in 2003-04 when can i enter again?and is there any other solution to my problem.i Apologize for my written mistakes.
    anyone that know anything about my situation and can help i would appreciate.

  3. #3
    pahuta - I-130 filed and approved does not give the beneficiary a status in the USA. So, from the time your authorised stay was over (date on I-94, in your passport) to the time you left the USA, you overstayed.
    It would be a different story if I-485 (for GC) was filed together with I-130 (and before your authorised stay expired) and you applied and received "advance parole" before you left.
    The 3 year bar (for overstay more than 6 months but less than 1 year) starts the day you left the USA. You can get an immigrant visa the day you bar is over or waiver is approved, whichever comes first.

  4. #4
    first of all thank you for your reply.
    second is there any thing i can do to speed the process they have told me that it might take a year.don't they care about splitting the family apart especially the childern they are also american citizens

  5. #5
    Why can not your husband join you and the children?

  6. #6
    to Theone
    well it's beacuse he lived over here and he doesn't like it ?(understatment) he had try but it didn't work for him over here,although we have talked about it coming back over here,but the thing i want him to be happy with us and the place that he will be at (usa)so i guess i'm trying to check the all possibilities.

  7. #7
    "they don't care about splitting the family..." just like you didn't care about our laws...too bad, $hitbag,....you should have obeyed our laws, but isntead, like most other visa cheats, you want to blame others because you are too irresponsible to obey simple rules.....I guess some other village idiot fell prey to your intreaties....too bad for the human gene pool.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
    "they don't care about splitting the family..." just like you didn't care about our laws...too bad, $hitbag,....you should have obeyed our laws, but isntead, like most other visa cheats, you want to blame others because you are too irresponsible to obey simple rules.....I guess some other village idiot fell prey to your intreaties....too bad for the human gene pool.
    </div></BLOCKQUOTE>

    S12 a.k.a. Mr. Doofus,

    And too bad you're one of the so-called 'gene pool' but I've yet to figure out which one you're from!

  9. #9
    u guys r sick and horible people that have no idea anything about life or people u r the dooshbags over here u make me sick.

  10. #10
    well "dooshbag"...all you had to do was obey our laws...but you are too stupid and irresponsible...I like that..."dooshbag"...that is your new name on this site...

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