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  1. #1

    Default What Non-Immigrant Visa Options are Available to Spouses

    Long story short:


    My wife came to the US on a J-1 visa in January of 2012. That au pair situation quickly went south and she left the host family in Febuary of 2012. We were married shortly there after and lived in the US until she left in July of 2013. She has not returned to the US since.

    I am a US citizen and I hate being without my wife! Are there any options for us other than a greencard? We are trying to immigrate to Canada within the next few years and I'd hate to spend all kinds of money on temporary residency when we do not plan on staying in the US for more than 2 more years. Is there any chance of a tourist visa for her or something? Any help would be greatly appreciated.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: J-1 Visa Overstay. What to Do

    She will have incurred a 10 year ban. By the time you go through the entire I-130 process and i-212 waiver and Sect'y of state permission, you will be immigrating. Save your effort and money.

  3. #3

    Default Re: J-1 Visa Overstay. What to Do

    Quote Quoting Disagreeable
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    She will have incurred a 10 year ban. By the time you go through the entire I-130 process and i-212 waiver and Sect'y of state permission, you will be immigrating. Save your effort and money.


    That's kind of what I had thought too. Too much expense, too much time envolved, too musg effort. It's not that she is not worth the effort, it's that we don't want to stay in the US anyways. Thanks for your reply!!

  4. #4
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    OH10
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    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    Please don't take it that I was implying any depreciation of her personally, if I came across that way.

  5. #5
    Join Date
    Jan 2007
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    1,695

    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    Moral of story. This is a situation where OP should have consulted immigration attorney BEFORE wife left the country. She would have been able to get a GC as the spouse of US citizen easily had she not exited the US.

  6. #6

    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    Quote Quoting Disagreeable
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    Please don't take it that I was implying any depreciation of her personally, if I came across that way.
    No, not at all. No offense taken.

    Quote Quoting T53147
    Moral of story. This is a situation where OP should have consulted immigration attorney BEFORE wife left the country. She would have been able to get a GC as the spouse of US citizen easily had she not exited the US.
    Hindsight is always 20/20. We did go to an immigration atterney and the verdict was that it would be nearly impossible to convence the immigration agent at the final interview that we did not lie or deceive them with her entry on the J1 visa. My wife only made it about 3 weeks into the au pair program and we basically told that they would not find her a new host family and that if she couldn't "suck it up" then she should quit. He(the immigration attorney) basically said it would be a 100% waste of money to persue the GC due to the short stay on the J1. This was in 2012.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    Some mistakes just cannot be "fixed" or at least easily. You might look at the immigrate2us forum; they have a discussion on waivers and refer to an attorney with expertise in that area.

  8. #8

    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    Quote Quoting T53147
    View Post
    Some mistakes just cannot be "fixed" or at least easily. You might look at the immigrate2us forum; they have a discussion on waivers and refer to an attorney with expertise in that area.

    As I said, 20/20 hindsight is always perfect. Thanks for the advice. I will check out that forum!

  9. #9
    Join Date
    Jan 2015
    Posts
    2

    Default Re: What Non-Immigrant Visa Options are Available to Spouses

    To add to the advice given above, if you are planning to eventually planning to settle in Canada they why not work towards it. Assuming that all papers related to your marriage are ready, you can add your wife's name in passport. I am just talking with my limited sense of law though. Immigration layers London should be able to guide properly.

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