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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Unhappy Deportation After Visa Overstay

    My husband overstayed his j-1 visa and got deported last year. He has no criminal record. I'm US citizen and we also have a little daughter, and another baby on the way. We got I-130 and I-129 approved. And now he soon be on the interwiev for K-3. Is there any chance he can reentry the us to be here for his baby o be born and apply for a waiver from here? what are the chances we'll get I-212 approved?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Deportation After Visa Overstay

    No one here can guess as to his chances.

    I'd like to be reassuring and say it will be OK. It may well be. But there's no way for any of us to know.

    If you want solid information and help, you need an immigration attorney to help you through the process.

  3. #3
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Deportation After Visa Overstay

    hi i have a question i am in a similar situation can u tell me what process you took my fiance is on the verge of being deported he is ice custody. we have been approved to get marrried while he is in their custody and then we were going to file i 130 and a waiver to enter the county bc he is going to be banned for ten years does ur husband have a ban if u can email me back that would be great scooby229@hotmail.com thanks.......

  4. #4
    Join Date
    Feb 2008
    Posts
    3

    Default I-130 Vs I-129

    Hello. I have a question. I'm Us citizen, filed I-129 for my husband and got approved. He went on the K-3 visa interview on March 6, but wasn't told anything, they've sent him home and told him to call later. And now due to some diplomatic issues with Belarus, the US embassy closed, no interviews, no visas for anybody. And on the approved petition it says it's gonna expired on March 28. So I wonder if all the hassle we've been trough is worthless now, or what's gonna happen? How serious they are about expired petition if its not our fualt. I also have I-130 approved, so we are thinking is it a good idea to go ahead and process that one instead?
    Any info will be appreciated. Thank you.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-130 Vs I-129

    He's been deported, so it's fair to assume he's ineligible to reenter for... you make us guess... is it ten years? He needs an 1-212 waiver. Filing an I-130 doesn't automatically get him a waiver.

    As you were previously told, it makes sense for you to talk to a lawyer.

  6. #6
    Join Date
    Apr 2008
    Posts
    1

    Default Re: Deportation After Visa Overstay

    Is there any way to stay in the US if you've overstayed your visa (not including marraige to a US citizen)? By the way, is that even a guarantee to stay in the states after an overstay?

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