# Re-Entry into the United States?



## InsomniacBrit (Jul 11, 2014)

Hi,

I have a quick question about the possibility of re-entry into the United States. 

In 2012 travelled to the United States under the Visa Waiver (ESTA) to marry and live there. In that year we filed the firm I-130 (Petition for Alien Relative) which was approved in 2013. Due to extenuating circumstances however, we haven't been in an opportunity to go further in filing the rest of the documents required for me to get my green card and residency. In November 2017 I had to return home due to a family emergency, however my wife had to stay as at the time she was pregnant and was advised by her doctor not to travel.

Going back to the original question, am I eligible to re-enter the United States under any form of visa? We tried contacting the USCIS on their 800 number but got overwhelmed with their automated service and found trying to speak to an actual agent impossible.

I would like to think there will be good news to this question, but to be honest, we would just like clarification on where I stand in this matter, good or bad.

Thank you,
- Andy


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## Asian Spirit (Mar 1, 2010)

InsomniacBrit said:


> Hi,
> 
> I have a quick question about the possibility of re-entry into the United States.
> 
> ...


Hi Andy,

I'm no longer in the US but I think the quickest and best way to get *"accurate"* information is to contact the US embassy that is closest to you.
These forums are great for ideas and suggestions but for nuts and bolts legal info it is best to go right to the source to be sure..


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## Bevdeforges (Nov 16, 2007)

What visa have you been on since you received approval of the petition? While I've found a few references that indicate that the approved petition of support is valid indefinitely, that seems to imply that you are resident in the US on a non-immigrant visa of some sort. If that is not the case, you may have to contact the local US Embassy/Consulate to see what needs to happen next.
Cheers,
Bev


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## InsomniacBrit (Jul 11, 2014)

Bevdeforges said:


> What visa have you been on since you received approval of the petition? While I've found a few references that indicate that the approved petition of support is valid indefinitely, that seems to imply that you are resident in the US on a non-immigrant visa of some sort. If that is not the case, you may have to contact the local US Embassy/Consulate to see what needs to happen next.
> Cheers,
> Bev


Hi, thanks for the reply, when we went for the I-130 Interview back in 2013, there was nothing said that I had to apply for any other type of visa at the time. We even made a point of contacting Immigration services shortly after initially filing the I-130 as we was aware that my 3 month permission to stay in the country was running out, but was told as long as the process of filing the form was in progress we had nothing to worry about.

I have just found some contact details for the USCIS field office here in London, I'm going to try contacting them and see if I can get some concrete information from them/


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## Crawford (Jan 23, 2011)

While one can 'slow up' the process from I-130 to obtaining the actual visa, that slowing up is for one year at best. After that if the petition is not progressed then it lapses.

You have been living illegally in the US since 2013 by the sounds of it.

Your overstay will have been recorded when you left the US and you probably a) have a ban and/or b) will be refused entry if you try to return.

Your best option if for your wife to sponsor you for a spouse visa.


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## twostep (Apr 3, 2008)

I130 can be kept on ice by annual request. Too many unknown factors here. Considering duration of marriage, child - probably a slap on the wrist if OP can produce better then extinuating circumstances and "we were told".


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