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  1. #1
    Join Date
    Dec 2008
    Location
    Latvia
    Posts
    2

    Default Applying for Waiver After Overstay

    I am Latvian citizen. I went to US by J-1 Student work n travel program. I overstayed my J-1 visa, and later married American citizen, my husband. I went back to Latvia, I choose to do it voluntarilly, no deportation, nobody forced me to. I went back to finish university. Now I am trying to get back to my husband. I overstayed my J-1 visa for less than a year, so I know I have 3 year bar, and then I will be eligible to re-enter US. We have not started any paperwork yet with my husband, but about to. We are confused. We know we should file I-130, but which waiver will apply to our situation as I overstayed my previous visa? In one of the posts it says just missing spouse is not considered hardship. How do we proove any other hardship? My husband speaks only English, it would be hard for him to move to Latvia, he does not speak any Russian or Latvian. It would be hard, very hard to find a job in here. He has two kids from previous marriage in the US, it would be also hard for him to live in Latvia with me and be away from his kids, he sees every weekend. What should we do? Will it be considered hardship for him to be separated for kids, so that the best option for us be living near them in the US? What is the difference between I-212 and I-601? Which one should I file when I am ordered to from consulate? Or both concurentely?

  2. #2
    Join Date
    Dec 2008
    Location
    Latvia
    Posts
    2

    Default Overstayed and Left for Home Country, Want to Get Back to US

    I overstayed my J-1 visa. Later I married my husband, American citizen. I left for home country, I went back to finish university.It was a mistake to leave US, and I admit it. I am trying to get back to my husband. Should we better wait, since I overstayed less than a year, and 3 year bar applies to me, which will end on Aug 2010, less than 2 years left for us to wait. Or should we try apply for waiver? We have not yet started any paperwork. My husband has not yet filed I-130. I am afraid we file, even if get I-130 approved, when it comes to intreview, they won't approve my vaiwer,and all the time, money spent will be waisted. Most important, our hopes be down to be back together

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for Waiver After Overstay

    From what you have said you would use the I-601 waiver. From what you say, you are suffering no hardship that the USCIS would regard as justifying the grant of a waiver.

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