My wife overstayed her visa for 2 years. We left the US in 2001 and have been living in her country for the last 11 years. We also have a 10 year old daughter who was born here. We are looking to get a tourist visa for her as my child has never met anyone in my family and is driving me crazy. We aren't ready to move to the US just yet, but will be looking forward to it in about 2 years. Does she need to do anything special to attain a tourist visa after being an overstay for 2 years? Would it be better to apply for the i-130 and go that route? Any help would be greatly appreciate.
Immigration's records are maintained much better after 2001, so it is unclear whether her previous overstay will come up or not; however, no matter what, she will have to prove to the satisfaction of he officer that she will return to her home country and that she will not be overstaying.
Depending upon when you plan on moving back to the US it is probably better to file the I-130. Since you are a US citizen they may reject the tourist visa unless the applicant/s can show strong ties they would return to their country. You should speak with and retain an immigration attorney to discuss exactly what you want to do and how best to accomplish it. My firm handles these types of cases.
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I agree with Charles, proving the strong ties to your homeland are very important.
If you own property, full time employment (yours and your husband's), assets (bank account), can help you establish show your strong ties to your homeland. A return ticket and travel itinerary can also show the limited time of your visit. Before you make the appointment, make sure you have as much proof as possible to make the officer believe that you have no intent to stay in the US.
No, it is not better to apply for an I-130 until you are ready to return to the US permanently.
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