Please help

[desperatewife]

Hello,
I hope someone could help me with my situation. I am USC and I got married May 2004 with Israeli citizen. He overstayed his B visa for almost 2 years. However, before we filed all the apperwork he had to go back home for family emergency. He tried to come back and he wasn't allowed to re-enter:cry::cry::cry: We started all the INS paperwork. We finally got an approval for the I-130 (summer 06) but our attorney didn't notify us because he was sick (in hospital for more than 5 months):sad:. So, we decided to remove the attorney from our files and continue by ourselves. I've received the information from NVC and am currently waiting for form-230 fee bill. In the letter it states that his preference category is IR1- Immediate relative. As far as I know after all the fees are paid he'll have to have an interview in the embassy. Will he need to apply for I-601 because he overstayed? Or just wait for the interview and see how it goes? Also, what documents are recomended for the interview? I know many members have been trough a similar situations as mine and finally got their families together but it has been very hard....more than 3 years since we saw each other live (we see each other with web cam and use e-mail and phone).

Thank you for your help.

[cindy324]

So sorry for what you are going thorough, but it 's possible to get a good outcome. Yes, he will have to do the 601. Because he overstayed his visa by more than 6 months, AND left the country, he triggered a 10 year ban against him, for which you will need to file the 601 waiver. He will be called to the consulate for his visa interview, where he'll be denied because of the overstay. He'll be told to file the 601, together with supporting evidence and a Hardship Letter. You'll have to show to USCIS that were he not allowed back in the US, it would cause you extreme and unusual hardship. Take a look at the stickies with all the approved and denied HSLs, to get an idea how (and how not to :) put it together. Good Luck, and I'm sure someone will be along shortly with more info.

[Coventrated]

You wil need a waiver, you should prepare it now so it can be submitted when his visa is refused.

Was he refused entry or deported?

How did he seek to re-enter.

[desperatewife]

Thank you for the quick responses. He tried to re-enter as tourist and was detained at NYC JFK. He was questioned by immigration officer and then sent back home..so, I don't know if that qualifies as deportation or removal. My worry is that I won't qualify for the extreme hardship situation...my parents have passed away, we don't have children together (not yet), but I cannot afford to move to Israel to be with him there:bye:. I'll look at all the examples on the other threads..do you think I should get an attorney?

Thank you all and God Bless.

[angela256z]

Thank you for the quick responses. He tried to re-enter as tourist and was detained at NYC JFK. He was questioned by immigration officer and then sent back home..so, I don't know if that qualifies as deportation or removal. My worry is that I won't qualify for the extreme hardship situation...my parents have passed away, we don't have children together (not yet), but I cannot afford to move to Israel to be with him there:bye:. I'll look at all the examples on the other threads..do you think I should get an attorney?

Thank you all and God Bless.

Go look at the Resource section for writing your HSL. There is more than family ties and children. Health, inheritable disease, financial, education, employment. Good Luck! Also I don't think that was a deportation. Did he see a judge and sign an order?

[Coventrated]

http://immigrate2us.net/forum/forumdisplay.php?f=45

For recommended lawyers.

At least read their web sites.

I may be cyncical, but it is more the quality of the essay, some people have to be more imaginative than others. I thought Israel would be an easy sell, by definition.

Sounds like he was refused entry, not deported. If he used a B then it became invalid wth his overstay.

[desperatewife]

Thanks guys,
I really appreciate all the information. No, he didn't see a judge so I think it does qualify as refused entry. I'll start working on the HSL. I'll keep you posted.

Thank you again.