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Overstaying In USA

By lain78 in K-1 Fiance(e) Visa Process & Procedures

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lain78 Contributor

lain78   0

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Filed: K-1 Visa Country: India
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My Fiancee overstayed in USA from 1986 to 1993 Would I face problems with immigration regarding his overstay? Any particular documents he has to show in the initial stages of filing the i-129F. Do you guys think I need help of lawyers, because it might get complicated because of his overstay? Because I planning to file on my own.

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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no documents in the initial stage... documents and a waiver request to the consulate after the visa is refused, however if he has been back since 1993 then he would have been subject to a 10 year ban which if true would have expired by now

Edited by payxibka

YMMV

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Rebecca Jo Experienced

Rebecca Jo   1,962

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Filed: Lift. Cond. (apr) Country: United Kingdom
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Has he been back home since 1993?

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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mrs. wife! Proficient

mrs. wife!   3

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Filed: IR-1/CR-1 Visa Country: Brazil
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My Fiancee overstayed in USA from 1986 to 1993 Would I face problems with immigration regarding his overstay? Any particular documents he has to show in the initial stages of filing the i-129F. Do you guys think I need help of lawyers, because it might get complicated because of his overstay? Because I planning to file on my own.

Did he leave the US in 1993 and never went back?

When you overstay more than 365 days, you face a 10 year ban. If he went back to his country in 1993, he's already 'forgiven'.

If not, you will need to talk to a immigration lawyer and file a hardship waiver. Have the waiver approved by interview, otherwise, they will deny his visa.

Give us more detail please.

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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The ban did not come into existence before 4/1/1997. This is a non issue either way.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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lain78 Contributor

lain78   0

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Filed: K-1 Visa Country: India
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no documents in the initial stage... documents and a waiver request to the consulate after the visa is refused, however if he has been back since 1993 then he would have been subject to a 10 year ban which if true would have expired by now

No he hasn't been back to US since 1993. Do you guys think the case could be filed without Lawyer's help? I mean this whole K-1 VISA process. Do I need to lookout for anything specific that can throw me off the path without lawyers' help?

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lain78 Contributor

lain78   0

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Filed: K-1 Visa Country: India
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Did he leave the US in 1993 and never went back?

When you overstay more than 365 days, you face a 10 year ban. If he went back to his country in 1993, he's already 'forgiven'.

If not, you will need to talk to a immigration lawyer and file a hardship waiver. Have the waiver approved by interview, otherwise, they will deny his visa.

Give us more detail please.

Well thank you to all of you guys for your response.

More Details: My fiance an Indian overstayed 86-93. Never returned back to US since 1993. No criminal records of any sort, pretty clean chart. I am preparing for his k-1 visa and was wondering if his overstay would cause problems that I would not be-able to take care of on my own and end up needing a lawyer?

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HeatDeath Proficient

HeatDeath   430

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Filed: Citizen (apr) Country: Canada
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Posted (edited)
Well thank you to all of you guys for your response.

More Details: My fiance an Indian overstayed 86-93. Never returned back to US since 1993. No criminal records of any sort, pretty clean chart. I am preparing for his k-1 visa and was wondering if his overstay would cause problems that I would not be-able to take care of on my own and end up needing a lawyer?

I wouldn't hire a lawyer to fill out the forms and do the actual filing for you. Just follow the examples here and be perfectly honest and that part won't be a problem. IF you get a denial at some point, that is when you need a lawyer on a more ongoing basis.

In your situation though, I would recommend, unless I am heavily overruled here, springing for an immigration lawyer for a one-time consult to make sure that the overstay won't cause any problem. Because the laws have changed since then (as mentioned above) the question is a little more complex than most encountered here, and a professional opinion is probably a good idea.

If the lawyer determines that a waiver may be necessary, you can then talk about getting the lawyer to help you draft the waiver. But if the overstay is found to be non-problematic (and I suspect that it will, since he has been out of the US for more than 10 years since the overstay), normal cases do not normally need a lawyer for the actual filing.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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TBoneTX Grand Master

TBoneTX   44,679

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Filed: Citizen (apr) Country: Ecuador
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spring(ing) for an immigration lawyer for a one-time consult to make sure that the overstay won't cause any problem.
Excellent advice in a worthy post, si man.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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