Re-Entry After Marriage To Citizen

[EnglishJoe]

Hi.

I overstayed by 14 months (17 months total) whilst on Visa Waiver visiting from UK, and was picked up by a sheriff when I couldn't supply adequate ID, and then handed to border patrol, in Orange County, CA

I was deported in FEB 2004
I married a US citizen (my girlfriend previously) in November 2004
We have lived in UK since then - she now has 'indefinite leave to remain' - in other words residency in the UK.
I am banned from US for 10 years
We want to return to live in US.
We have been given conflicting advice - US Embassy in London says we should file I-212, then I-130
USCIS say we need to file I-601.

Could you advise, and also give opinion on the chances of a successful petition?

Thank you very much

[Mr. Knowitall]

I would expect this would be an I-212 waiver, as your ineligibility seems to arise under INA 212 (exclusion of previously removed and unlawfully present aliens). You have not identified any facts which would support a waiver, so I have no way of guessing whether any exist, let alone your chances of success.

[EnglishJoe]

Hi Mr Knowitall, and thanks for taking the time to reply.

My wife and I have a 'real' marriage - we live together and are raising a family. Am I to understand that in order to be eligible for I-212 we need to show hardship to a qualifying person ?
We are financially sound, and not under any threat. The main reason for us wanting to go back to the US is that my wife is away from her family, especially her elderly grandparents. This causes her distress. We also feel that our young son would benefit from being with his extended family.

I am also confused as to whether, if granted an I-212 waiver and an I-130 visa, I would still need to file an I-601 to be eligible for entry.

thanks again for your time

[EnglishJoe]

Mr. Knowitall, what about the I-601 waiver in order to lift the ban? Do you know the difference between the I-601 and the I-212? How do we know which one to file? Do they both need to be filed concurrently?
Confused!

[aaron]

The I-601 relates to aliens ineligible to enter for such reasons as having a potentially communicable disease (e.g., AIDS or HIV) or mental impairment. It's not used to seek waiver of grounds for ineligibility under INA 212.