I am a US citizen and my husband is a foreign national. He was previously in the US on an F-1 student visa, but he overstayed his visa by 4 years. He then returned to his home country without being deported. We got married in his home country last year and have been living together ever since. We are now planning on applying for an IR1/CR1 visa so that he can move to the US with me.
I am concerned that he may be subject to a 10-year ban on re-entering the US due to his visa overstay. However, I have read that people in similar situations have had different outcomes. Some people have been able to get a visa without any problems, while others have been denied.
I would like to know if you can provide any information about whether my husband will be subject to a 10-year ban. I would also like to know if there is anything we can do to increase his chances of getting a visa.
Here are some additional details that may be relevant to your case:
Your husband’s I-94 form had D/S status, which means that he was admitted to the US for the duration of his studies.
Your husband left the US voluntarily without being deported.
You and your husband are married.
You and your husband have been living together for over a year.
Based on the information you have provided, it is possible that your husband may be subject to a 10-year ban on re-entering the US. However, there are a few factors that may work in his favor, such as the fact that he left the US voluntarily and that he is married to a US citizen.