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Topic: US Overstay ban issue for my DH.  (Read 947 times)

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US Overstay ban issue for my DH.
« on: May 10, 2011, 11:12:13 PM »
I'm wondering if anyone has had any experience or can give some advice.

My DH overstayed in the US by 4 years leading up to his first marriage. Basically, she got pregnant and immediately sick and he didn't leave.  When they were finally married, they immediately moved back to the UK.  He wasn't deported but of course, this earned him a 10-year ban in the US.  He was originally told it would be about 5 years.

Last year while I visited, we went to the Embassy to fill out a Visitor's Visa for him to come back with me.  We were engaged but he was going for a visit, so that's what he told them and didn't say anything about our engagement.  He was denied the visa and told he has a 10 year ban and he shouldn't apply until 2014 (!!!) when his ban is over.

Now we are married and I really want him to meet my family. Especially my Grandmother (my "mom") who raised me and ... well I'm not sure she'll make it to 2014.  I know there's some sort of waiver that can be gotten.

Any thoughts as to wether he'd stand a better chance to visit because he is, once again, married to a US citizen?


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Re: US Overstay ban issue for my DH.
« Reply #1 on: May 11, 2011, 02:05:25 PM »
I'm not sure about a visit visa, but if you apply for a "spouse" visa (CR-1) for him and that gets denied, you can apply for a hardship waiver.
Met DH to be: 2004
Visited back and forth:2005-2008
Student visa: September 2008
Married: September 2009
Flr(m): July 2011
Finished my bachelors: May 2012
Finished MSc: august 2013
ILR approved: September 2013
Citizenship approval: August 2015
Passport received: November 2015
Citizenship journey is complete!





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Re: US Overstay ban issue for my DH.
« Reply #2 on: May 11, 2011, 10:32:13 PM »
Thanks for the reply Gibby!  Much appreciated.


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