not married, the 90 days expired

[payxibka 10,045]

Waivers are not required for being a beneficiary the second time. They are required for petitioners filing multiple petitions. Since the current "fiance petitioner" has no intention of marrying the OP, he wouldn't be filing any second petition. Without marrying the original petitioner, she has no "best bet" but to leave the US or remain illegally.

however, a beneficiary/applicant may require a "waiver" due to a previous overstay, should she ever get to a second visa application....

Edited January 26, 2009 by payxibka

[Minya's wife 25]

Please try to control your "premature postaculations".

As opposed to your 'premature postaculation' (bolded below for your convenience)?

Both your posts contain misinformation. Since know you're "not sure", why not refrain from the errant speculation.

There is no legal way for this poster to stay unless she marries the petitioner but there is a legal path after the marriage. Unless she can successfully claim abuse, she'll remain illegal and already has sufficient overstay to be banned from future US entry for 10 years.

There is nothing in the OP that leads us to safely assume this. The OP states that they've been together now for 9 months, but that could be since they met, not since she's entered the US. Because the OP does not qualify, your assumption that she's garnered sufficient overstay for a 10 year ban is just as 'premature' a 'postaculation' as you claim Laura's posts are.

[Ban Hammer 13,345]

[Otto 83]

Oh good grief...

[Ban Hammer 13,345]

Oh good grief...

thanks, now i'm thinking of charlie brown

[Chica Yeyé 41]

Being GOD must be kind of exhausting....

[MissStacey 1]

Being GOD an a$$wipe must be kind of exhausting....

Fixxored

[luckytxn 2,264]

Just think about this. If she goes to get advice from lawyers. Each will give her different info and could also be wrong.

Edited January 26, 2009 by luckytxn

[Otto 83]

[Ban Hammer 13,345]

[Minya's wife 25]

Just think about this. If she goes to get advice from lawyers. Each will give her different info and could also be wrong.

Yes, that's very encouraging to the OP, isn't it? She's got replies indicating that she's up $hits creek and to think about legal consultation, and you come along telling her that its not necessarily a good idea to do that either....BUT you offer no better alternative either. Way to go!

[morocco4ever 63]

Mondays tend to bring out the best in people don't they?

[luckytxn 2,264]

Don't blame the messenger.

[gigisan 0]

A lawyer is probably your best bet If you want to stay in USA and have the resources to pay the lawyer; if you came just to be with your fiancé and marry him and have no desire for the trouble of staying in USA, go home, I seem to see a probable defense under abused "fiancée", or being deceived by the petitioner, however you still have to answer your overstay, that is why I would suggest a lawyer, again if you want to stay, at any rate, if you want to come back, you have to have a clean record, and Slavery is over, (ie. Obama).

[Ban Hammer 13,345]

Don't blame the messenger.

stand over by that wall and hold this