Did he apply for a K3 Visa, the Spouse visa? Why didn't he get a green card if he was legally married to and american citazen? You should get a layer and ask him if you can make a petition for him to get a Spouse Visa. If you can't affort a layer try to apply by yourself. If you can't they will just refuse it. But I don't know cuz it's pretty bad when somebody overstay his visa. Hope you guys will work it out in a legally way!! Good luck!My husband overstayed his visa more than 12 months. How do I get him here sooner than 10 years?
Your husband is inadmissible for ten years starting in June 2007. He does not qualify for any visa at this moment. In order for him to receive an immigrant visa and come to the U.S. to live with you, you need to file Form I-130 with CIS in the U.S.
If it is approved, it will be forwarded to the consulate near his home so that he can work on the visa application there. His inadmissibility will definitely become an issue. The visa officer probably will advise him that he needs to apply for a waiver of the grounds of inadmissibility, Form I-601.
If the Form I-601 is approved, that will open the door to visa issuance, and he'll be able to receive an immigrant visa and enter the U.S. as a permanent resident.
If he attempts to enter the U.S. before the immigrant visa is issued, he is a strong candidate for expedited removal at the port-of-entry. Once he is ordered removed, getting a waiver will be 50 times more difficult.
Start with the I-130 from you and follow the steps needed to secure a proper visa.
he'll have to wait the 10 years out. you could go to his country until then.
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