My wife was denied IR1..

D

da1000rrstuna

New Member
Hello,
I'm a born US citizen, my wife is Hungarian, and we have a 5 year old that was born American.
My wife went back to Hungary(with our child to visit)and couldn't return to the US.
My wife over stayed her visa to the US(more then 365 days)
I did all the paperwork to get her the interview at the US Embassy and see was deied because she over stayed her visa.
Now I have to do a letter of hardship.
Any ideas on how I should go about this?

Thanks
 
How in the world did she go back to Hungary if she did not have the proper paper work that will guarantee re-entry.
I mean she has been here for over 5 year I assume, and you did not get her a GC the entire time? even if she overstayed, she did however married a US citizen and 5 years would have been more than enogh to atleast get an EAD and AP to travel with.
Please explain more here, because it is not making much sense.
 
godisgoodtome said:
even if she overstayed, she did however married a US citizen and 5 years would have been more than enogh to atleast get an EAD and AP to travel with.
Click to expand...

If one overstays by more than 180 days and the 3-year bar kicks in, AP is useless (the paperwork even warns you of this). One must not leave the US under ANY CIRCUMSTANCES until the GC is approved.

Barring a waiver of inadmissibility (which will be hard), she's looking at staying in Europe until 2018.
 
from my reading of other people's immigration experiences, Ive found that filing a waiver that is successful in overcoming an overstay is EXTREMELY difficult. Not 'impossible' mind, but failure easily overuns success in these cases. Of course, file for the waiver, though in the back of your head make sure you are mentally prepared for the most likely outcome of living in Europe until the ban is over.

Sift through the different threads in the this waiver forum to see whether theres any extra info here:
http://www.visajourney.com/forums/index.php?showforum=113
 
TheRealCanadian said:
If one overstays by more than 180 days and the 3-year bar kicks in, AP is useless (the paperwork even warns you of this). One must not leave the US under ANY CIRCUMSTANCES until the GC is approved.

Barring a waiver of inadmissibility (which will be hard), she's looking at staying in Europe until 2018.
Click to expand...

Quite right, I totally overlooked that part.
 
I totally agree to the RealCanadian,

What ever the conditions may be a women marries for 5 years lived in US, she shoudn't have any solid reason for denial. I guess there may be some other reason...!!!
 
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