Possible waiver needed?

[RichiJenny 14]

Ok guys, I'll be brief with this but I'd like some advice

March 11 2006 Entered US on K1 Visa

June 9 2006 Married (90th Day)

Had to leave the US due to a medical emergency Prior to filing for AP and AOS.

Now, my question is, that Im fairly confident that Im correct, getting married on 90th day is above board and all in order.

If, for example it was classed as the 91st day, then it would be an overstay. I imagine.

I am a UK citizen, and my wife is the USC.

If it was an overstay, then would I trigger a ban at all?

By the way I had to leave just as we were about to file our forms, but it couldnt be avoided at all. I left August 23.

I've asked this a few times, but am still confused, if anyone can help, that'd be great.

[Married_my_love 0]

Bans for overstay start at 180 days....

So if your question is whether a 1 day overstay can trigger a ban, then no.

[RichiJenny 14]

So, I wouldnt need to file a waiver? And I wouldnt get a ban. Thanks so much for that info.

[rebeccajo 14]

Yeah I'm coming up with 91 days.

[RichiJenny 14]

No, luckily its fine, I was correct. Having spoken with the CBP this afternoon, the following day is your first official day in the country.

I told them of my query and the officers said it was ok.

[rebeccajo 14]

No, luckily its fine, I was correct. Having spoken with the CBP this afternoon, the following day is your first official day in the country.

I told them of my query and the officers said it was ok.

Really? I never knew that...

[RichiJenny 14]

Well, Im buggered if I know, as its been niggling at me today. Im 110% positive that the stamp on my I94 said June 9.

Having just called CBP again, I wanted to make doubly sure, and was told that day 1 is when you enter the country..as soon as your feet touch the ground. So, that makes me 91 days. However the officer caid I fulfulled my obligation of getting married, and with filing the CR1, it wont make a difference. Incidentally, he also said that my overstaying by a day wont make a difference to my current process.

I did call the USCIS prior to that and they told me that the question was 'too specific' and they didnt understand my question! I just kept getting the answer 'within 90 days'.

Not entirely helpful..

So, whether I missed it or not, Im still so happy to be married, even if the old health is not quite how it should be at the minute, and we'll be filing for CR1 very shortly.

Though, Im right in thinking I wont need a waiver, if indeed i just misjudge by a day.

The only thing is I cant use the VWP..which i wont use anyway.

[desert_fox 32]

Even if it was the 91st day...you could still go thru the I-130 route.

Your problem is...that you left the country without an AP doc. I have no idea how you can re-enter. I think that you are stuck until you go thru the I-130 and and K3 process.

[RichiJenny 14]

Thats not really too much a problem to be honest, as Im getting medical treatment and Im saving money to go back with. A few months wait is worth a lifetime.

[desert_fox 32]

Thats not really too much a problem to be honest, as Im getting medical treatment and Im saving money to go back with. A few months wait is worth a lifetime.

Not a problem??

How are you going to enter the US??

What makes you think that it is not a problem??

[kitkat1 5]

Desert_Fox, it looks like they have already started the I-130 process and the wait appears not to be a problem due to the medical treatment.

Richisusie, best of luck

Not a problem??

How are you going to enter the US??

What makes you think that it is not a problem??

[desert_fox 32]

Desert_Fox, it looks like they have already started the I-130 process and the wait appears not to be a problem due to the medical treatment.

Richisusie, best of luck

Not a problem??

How are you going to enter the US??

What makes you think that it is not a problem??

guess it would have helped if I had read their timeline...now I understand.