Information Needed (new Here)

[DCResident]

My fiancee had come to USA in 2005 and i was a green card holder. We got married and applied for extension to her visa. I had applied for citizenship before she came. we had two kids and by 2007 she had over stayed her visit visa by 11 months. I had still not gotten my Citizenship (i am a bearded muslim- go figure). So we decided that she leave the USA and go back to UK where she is a resident. The kids went back with her. Now it has been 18 months since they have gone. My son is going to be three and daughter is 18 months old now.
I finally got my citizenship in June 07 (she left in Feb 07). I applied for her I-130 and K3 visa in July. I am still waiting for an answer. I had my local congressman call the USCIS and he mentioned that her overstay maybe be the cause of the application (I-130 and K3) to be stuck.

Now here is the question, when can i file a I-601, does the apps need to be rejected on the basis of overstay before i can file the I-601.

It is becoming very difficult now to support my wife and kids in UK, with the dollar declining against the UK pound and paying medical expenses from pocket is not helping, the mental anguish is a separate issue as is missing my kids.

any guidance will be greatly appreciated.

[lgatica06]

The I-130 will need to be approved along with all the other paperwork that follows before the file will even be transferred to the consulate in the UK where she will interview. At her interview is where she will be denied for the overstay but told she will be eligible for the waiver. I don't know much about waivers filed through the UK or where in the UK she will even interview but I think the I-601 and hardship letter from you will be filed at the interview as well. Have you gotten the I-797 notice of action on the I-130 yet? If you filed it in July 07, you should have gotten something from them by now saying it was approved or they needed more info from you. An overstay shouldn't cause the actual approval of the I-130 to be delayed, something else is likely going on.

[DCResident]

thanx for the reply, well i am a muslim and was active in the mosques way back, after 911 got visited frequently by the FBI and stuff, that is why i had to file a Lawsuit to get my citizensgip, it took me 4 years to get my citizenship. i had filed my papers for citizenship in Sep 2003 and got my citizenship in Jun 2007

So i am just worried that maybe background check is taking too long as it did for me and only a lawsuit forced them to do the actual background check.

[Laura]

Wow... that is a tough situation. I don't think the overstay should have anything to do with her I-130/I-129F being held up. It's so crappy that she left because if she were still in the U.S., despite the overstay, she could have adjusted status. Waivers are challenging in London. But lgatica is right that she will have to have her consular interview before you can do the I-601.

Wait - did she leave before she accumulated a year of overstay? Because if that is the case she won't need a waiver, which would be a huge plus.

[lgatica06]

You are legally a citizen now and entitled to all the rights that we natural born citizens are entitled to. First call and demand to speak with whoever is in charge, if that yields no answers then I would not hesitate to get a lawyer involved.The term racial profiling comes to mind if in fact the hang up is that you are muslim and your past. I filed my I-130 in march of 07 and was approved in August 07 so yours should have been approved by now along with all the other paperwork sent to you. heck you could have had your case completed and wife interviewed by now.

[Laura]

Ditto to lgatica again - this shouldn't have anything to do with you, your history, whatever. If it does, it's not right. You have all the rights of a citizen and should be able to get your petitions processed if they were done correctly.

[Auntlily]

Hi DC, well both Laura and Lgatica have provided the best advice already...so I'm just stopping by to say hi :wave: and to wish you luck with your situation. I hope you can get your family back safely! Feel free to look around and PLEASE research as much as you can. don't give up the good fight :)

[momof1]

My I-130 took over two years to be approved. My husband and I, both muslim, filed I-130 in feb 2003 during his asylum proceedings. We were both in the US and he had EAD. It wasn't approved until June 205

DCresident we had a few "fun" visits from the FBI and when my husband was getting ready to be deported they tried to talk to him again. I"d like to think that it wasn't religious profiling that hapened to you or I BUT...it's just so hard not to think that way.

What country are you from if you dont mind me asking? My husband is from Algeria.
Edit:
is it possible you were held up in the name check? I know of a man who was in name check for 5 years and sued the federal govt to finish it. I hears something about them having to finish name check in 6 months now.

[DCResident]

It was a name check that held me up and as recent as december last year they contacted me to work for them and i refused maybe that is also haunting me :(
i am from pakistan, came to USA in 98 on a DV Visa

@ Laura she overstayed only 11 months, less than 12 months. Also the congressman's office Liason with USCIS specifically asked me that did she overstay her visit and i told her yes she did, then she said that i shouldnt expect a decision any time soon.

Last legal action took too long and too expensive, but i guess if that is the way then it is.

[losguerra]

Wow! Only 11 months!!! That's actually really great. Work on getting all the proof you can showing when she left, and also when she arrived (hopefully her passport has stamps showing this). Plane tickets, anything she got when she arrived back in the UK like bills, receipts, etc. You really might not have to file a waiver and that would be excellent!

[emt103c]

losguerra is right. At the rate you are going, the three year bar will be over and you won't have to worry about them having the "discretion" to approve/deny a 601, which in this case is a very good thing.

Will the congressional reps not do an inquiry for you at all? Have you tried all of them? Some are definitely more helpful than others.

My hubby is from Pakistan as well. You don't have to have the beard to get trouble. . .just read my timeline :bluesad:

[momof1]

You got the visa lottery in 98 and you're still not a citizen????

[DCResident]

No i became a citizen in 2007 June, i am a ciotizen, have 2 US born kids but they are in UK cuz their mother's papers are stuck, both I130 and I129F both files in Jule 07.