Awaiting for an I 130 please help very nervous

A

allaboutsk

Registered Users (C)
Hello every one I want to thank anyone and everyone who has read this and any one who especially shares their input on my case. I had entered the US at the age of 9, I had been in the states for 13 years. I had come over with my parents and over stayed the visit visa duration. After attempting to adjust status through employment of my mother many cases had failed. In September 05 we voluntarily left the country back to Pakistan. The INS officer had asked us to leave and if we do so respectably we wouldn’t face the ten year banned. Long story short I got married to my girl friend before leavening. We married on March 26th 2005. The case was received on April 19th of 2005 and since then has been pending almost 11 months later and still no approval. My wife had recently visited the INS office in feburary. They had told her not to be upset and be worried and that everything is in order. I am very scared of what my future holds for us we do have a lawyer that the case is processed through. Should I fear for denial at this point. If any one can recommend anything or explain to me how much longer will I have to wait before I can go back and be reunited with my wife. This has been an extreme hardship for us both. If there is any way the case can be x pediated.


WIFE IS A BORN U.S CITIZEN

Please Help Us!!!!!!!!!!!!!!!!!!!!!!!
Thanks In Advance
 
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I'm sorry I know too little about all this, so I don't know how to help you.
But it would be good to know if your wife is a US Citizen or what other kind of status she has. Then people here will have a better idea of your situation.

I really hope everything is going to work out fine for you! Good luck.
 
allaboutsk,

A couple of thoughts:

Which Svc center did you file I-130 with? If it was filed in April 2005, for spouse of US citizen, one would hope that it would have been approved by now.

What does your lawyer say?

From what I have read, for a spouse of US citizen, overstay will be pardoned for GC. However, 3/10 year ban will apply to reentry depending upon the length of overstay. Do you have anything in writing from INS that this ban will not be imposed on you?

I think you were eligible for Adjustment of Status while in US. Did you want to leave USA for other reasons and pursue Consular Processing? Or did INS ask you to leave?

I hope you get I-130 approval soon. Good Luck!
 
Case was filed and went to nebraska then transferred to chicago local office

I don’t have anything in writing from the INS that tells me of no ban. But the officer had told us so. And also my lawyer had said if it were a possibility we could at the right time apply for a waiver and overturns the ban. A letter was received at the firm in November in regards to the case being transferred in the Chicago local office. The lawyer had then concluded either they are going to approve the case soon or either they will interview my wife. As of now none of those have happened. In regards to the lawyer he had also concluded that if the waiver was necessary they would have known by now. One of the options was that if we stay another year in the States then I would face deportation and the ban would have been enforced. So with the options given to me I left the country and I had to wait in Pakistan while the case is in process. I left the country because I had to and my lawyer advised me to do so.
 
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