Overstay and Work Visa

[vkbarefoot 0]

Hello:

My daughter is in Ecuador with a man she wants to marry.

She will be in Ecuador only until the 20th of Dec 2008

She will be finishing her BA next semester.

She will then move to Miami for her two year masters course.

He entered the US on a work visa several years ago.

He overstayed his work visa by over a year.

It has been 2 years since he returned to Ecuador.

Question:

Can he get a K1 or K3 visa under these circumstances.

Can her continuing education possibly constitute a hardship.

If he is granted the K1, et. al., and arrives in the US will he be able to work right away?

What is the probably timeline from filing of K1 until he can work in the US.

Thank you ..... viki

[emt103c 10]

Hello:

My daughter is in Ecuador with a man she wants to marry.

She will be in Ecuador only until the 20th of Dec 2008

She will be finishing her BA next semester.

She will then move to Miami for her two year masters course.

He entered the US on a work visa several years ago.

He overstayed his work visa by over a year.

It has been 2 years since he returned to Ecuador.

Question:

Can he get a K1 or K3 visa under these circumstances.

Can her continuing education possibly constitute a hardship.

If he is granted the K1, et. al., and arrives in the US will he be able to work right away?

What is the probably timeline from filing of K1 until he can work in the US.

Thank you ..... viki

By overstaying an old visa by more than a year he has a 10 year bar from getting a visa to the United States. As the spouse or fiance of a U.S. citizen he can get the 601 waiver (which I assume you know about because of your question about hardship.)

Your daughter is a U.S. citizen?

Her continuing education can be one hardship, but she will need to brainstorm more for the waiver packet.

It is going to be a long process . . .usually takes between 18-24 months from first filing to visa issuance assuming the waiver is approved.

He cannot immediately work on a k1. . .he has to file for a work permit which usually takes so long to come that it's better just to wait until they file for AOS and get the permit then. . .

The best place for waiver information is www.immigrate2us.net

Edited December 14, 2008 by emt103c

[spookyturtle 9,466]

If he overstayed by more than one year, he is barred for 10 years which can be overcome by a waiver. It is possible for him to get a K1 or K-3 visa if he meets the eligibility requirements and gets a waiver approved. Check out immigrate2us.net for more info on waivers. The waiver is based upon proving extreme hardship to the US citizen. You will find lots of good ideas at the other site. Also consider a consult with either Heather Poole at humanrightsattorney.com or Laurel Scott at visacentral.net.