Another question on 10 year ban

[Blackrain76]

My dear friends how ya'll doin.

I had another question for anyone out there willing to lend some genuine advice to me regarding my messed up situation.

If my wife has a 10 year ban,what happens afterwards. (after the ban) ?.
she has done 4 and has 6 years left.
Can she come to the U.S. for a holiday from the U.K. (her home country)
on the Visa Waiver again ?. (after the ban)
and can i, the U.S.C Spouse apply for the I130 again for her after the penalty has finished ?.

looks like I am gonna have to go and settle in the U.K. for 6 years until the penalty passes and then i guess do whatever. (attorney fees are too much)
for the waiver.

However, I have a son who was born in the U.K in 2005,and Now that i have become a U.S.C, i am guessing i can do the I130 for him and then get him instant citizenship ?. then wait it out in England for the wifes penalty to pass and re-apply ?.

Please tell me if this info is correct i highly appreciate the help.

It is really touching how much people who come to this website help it brings a tear to the eye!!!!!!!!!!!!!!


Very upset

[JMRJ]

After she has serve 10 years outside the U.S. you will then be able to file an I-601 waiver for her immigrant visa. Your approved I-130 petition should remain valid as long as your relationship still exist, so you should be able to just get a new visa interview. But check with the embassy to make sure of the procedures. Since she has an ineligibility, she cannot travel on the Visa Waiver Program without a visa. She must apply for a visa to the United States. So, the green card is the way to go.

Your son is a U.S. citizen born abroad. You need to register him for a consular report of birth, not the I-130 - he is not an immigrant.

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America.
http://travel.state.gov/passport/get/first/first_828.html

[JMRJ]

Sorry, Blackrain. For some reasons I thought you were the other poster who has the permanent ban of 212 9c? I happened to see your other post and you already had a waiver denied. Did not mean to confuse you or the other browsers.

If you wait after the 10 years ban, your wife will be able to re-apply for the immigrant visa through normal processing without the complications of I-601. If or not you'll need to refile an I-130 petition, you will need to inquire at the embassy. Same circumstances for the VWP. She cannot travel on the Visa Waiver Program without a visa. She must apply for a visa to the United States.

[Laura]

JMRJ - Sorry to break in but I think they have a 9(b) bar for overstaying and then leaving the U.S., not a 9(c) bar. If you look at his first post (http://immigrate2us.net/forum/showthread.php?t=12759) it explains. Their waiver was denied, so they could re-file...

Point being, after the 10 years is up they should be able to request a new visa interview based on the already approved I-130 (no need to file it again) and get the visa right away. (No need to file an I-601 at that point).

[JMRJ]

Oh, Laura don't be sorry. I thank you so much for catching it!:)

Probably the safest bet for the I-130 petition would be to call the consulate. The consulates must have different procedures when Laurel quoted something like this:

Some consulates will allow simply re-filing, but most will require starting over with a new visa petition. Most of the consulates within the jurisdictional area of the Vienna USCIS office will allow a re-filing of the I-601 without a new petition. Always inquire to be sure.
http://www.ilw.com/articles/2007,0717-scott.shtm