what kind of waiver ?

[patita 0]

guys,

Im married to a USC and in the process of CR-1 - NVC stage!

When I think about my interview i am about to cry!

I know i will need a waiver because I overstayed my visa for 45 days. i was on J-1 while I fell for my hubs and got married! I went to the US with intentions of getting married - It was supposed to be my internship.

We were supposed to apply for the Green Card in the US - I was done with my Medical and ready to send I-130.

However my father passed away and I had to go back home to help my mother.

And now the dilemma starts!

I dont know how to prepare for the interview - if they will ask me questions why I overstayed or something like that.

It is very stressful for us.

How long it will take to get a waiver - I've read that sometimes the waiver can be denied - what then?

This whole thing is our fault - we know it. But I think it's ridiculous that i might not be able to be with my husband.

I know there are plenty of people like me who went thru the same story and maybe someone can give me an advice!

PS/ My interview is going to be held in Warsaw, Poland - maybe that would help somehow

thanks a lot!

P.

[emt103c 10]

If you only overstayed your visa by 45 days there is no ban and no need for a waiver. The first ban that necessitates a waiver for an immigrant visa is overstay of 180 days.

From your timeline, I'm confused. . . you filed AOS and then cancelled to do consular processing?

[patita 0]

we were about to file for adjustment of status while i was there....but we didnt do it!

and i had to go back home. and now we are in CR-1 process.

im cant sleep cuz of it

[emt103c 10]

If you only overstayed 45 days, you will not need a waiver.

[JAVC 0]

If you only overstayed 45 days, you will not need a waiver.

emt103c,

Can you explain why she wouldn't need a waiver?

Thanks!!

[Bobby+Umit 161]

guys,

Im married to a USC and in the process of CR-1 - NVC stage!

When I think about my interview i am about to cry!

I know i will need a waiver because I overstayed my visa for 45 days. i was on J-1 while I fell for my hubs and got married! I went to the US with intentions of getting married - It was supposed to be my internship.

We were supposed to apply for the Green Card in the US - I was done with my Medical and ready to send I-130.

However my father passed away and I had to go back home to help my mother.

And now the dilemma starts!

I dont know how to prepare for the interview - if they will ask me questions why I overstayed or something like that.

It is very stressful for us.

How long it will take to get a waiver - I've read that sometimes the waiver can be denied - what then?

This whole thing is our fault - we know it. But I think it's ridiculous that i might not be able to be with my husband.

I know there are plenty of people like me who went thru the same story and maybe someone can give me an advice!

PS/ My interview is going to be held in Warsaw, Poland - maybe that would help somehow

thanks a lot!

P.

Did you leave without an AP? Or was you J-1 still valid?

I found this on the USCIS about J-1 visa's

# Staying beyond the period of time authorized, by the Department of Homeland Security (DHS), and out-of-status in the U.S., is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more

# Staying unlawfully in the United States, beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day results in your visa being automatically voided, in accordance with to INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S. your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

Edited March 31, 2009 by Bobby_Umit

[emt103c 10]

If you only overstayed 45 days, you will not need a waiver.

emt103c,

Can you explain why she wouldn't need a waiver?

Thanks!!

Waivers are only necessary when you overstay by 180 days or more. There is no ban for immigrant visas until then. If she had been applying for a non-immigrant visa (tourist visa etc. . .) it would be difficult to prove non-immigrant intent. With an immigrant visa you obviously are intending to immigrate they go directly by the guidelines in the INA which start at 180 days.

The information Bobby posted explains this part. . .on non-immigrant visas your visa is cancelled after any overstay but you are eligible to re-apply (more difficult to get approved) but you don't have a ban, you just don't have a valid visa. . .

Edited April 1, 2009 by emt103c

[JAVC 0]

If you only overstayed 45 days, you will not need a waiver.

emt103c,

Can you explain why she wouldn't need a waiver?

Thanks!!

Waivers are only necessary when you overstay by 180 days or more. There is no ban for immigrant visas until then. If she had been applying for a non-immigrant visa (tourist visa etc. . .) it would be difficult to prove non-immigrant intent. With an immigrant visa you obviously are intending to immigrate they go directly by the guidelines in the INA which start at 180 days.

The information Bobby posted explains this part. . .on non-immigrant visas your visa is cancelled after any overstay but you are eligible to re-apply (more difficult to get approved) but you don't have a ban, you just don't have a valid visa. . .

What happen if you overstayed your visitor visa and then travel again to US and enter without any issues at POE? Do you break any law?

Edited April 1, 2009 by JAVC

[canadian_wife 1,822]

I think it is possible that the POE officer may admit someone they shouldn't have. But if someone overstays a visa, yes then you violated the terms of the visa and if the overstay is more than 180 days then and you left (which in this case would be because reentry is stated) then the ban was triggered.

Edited April 1, 2009 by canadian_wife

[emt103c 10]

What happen if you overstayed your visitor visa and then travel again to US and enter without any issues at POE? Do you break any law?

This usually will not happen when travelling on a visa because it is pretty well documented, passport scanning, entry/exit dates on the visa, etc. . . . . Though as Canadianwife says, there are errors. If you reapply for a different visa and deny previous overstays or if they specifically ask you and you deny it, or if you lie on the I-94 then you've broken a law, but if they simply make an error and you don't know any better, they cannot really charge you with anything.

The only time this is accidentally allowed is when someone enters from Canada or a VWP country and usually even the VWP'ers are stopped because of the I-94's and passport scanning.

If after an overstay you risk trying to enter on the same visa, you risk having the POE officer decide to do an Expedited Removal as opposed to letting you withdraw the petition. . .it's actually pretty risky.

[I Miss Her 0]

guys,

Im married to a USC and in the process of CR-1 - NVC stage!

When I think about my interview i am about to cry!

I know i will need a waiver because I overstayed my visa for 45 days. i was on J-1 while I fell for my hubs and got married! I went to the US with intentions of getting married - It was supposed to be my internship.

We were supposed to apply for the Green Card in the US - I was done with my Medical and ready to send I-130.

However my father passed away and I had to go back home to help my mother.

And now the dilemma starts!

I dont know how to prepare for the interview - if they will ask me questions why I overstayed or something like that.

It is very stressful for us.

How long it will take to get a waiver - I've read that sometimes the waiver can be denied - what then?

This whole thing is our fault - we know it. But I think it's ridiculous that i might not be able to be with my husband.

I know there are plenty of people like me who went thru the same story and maybe someone can give me an advice!

PS/ My interview is going to be held in Warsaw, Poland - maybe that would help somehow

thanks a lot!

P.

You are OK. Just tell the truth at the time of interview, if asked.

In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal from the United States, is inadmissible.

[patita 0]

guys,

Im married to a USC and in the process of CR-1 - NVC stage!

When I think about my interview i am about to cry!

I know i will need a waiver because I overstayed my visa for 45 days. i was on J-1 while I fell for my hubs and got married! I went to the US with intentions of getting married - It was supposed to be my internship.

We were supposed to apply for the Green Card in the US - I was done with my Medical and ready to send I-130.

However my father passed away and I had to go back home to help my mother.

And now the dilemma starts!

I dont know how to prepare for the interview - if they will ask me questions why I overstayed or something like that.

It is very stressful for us.

How long it will take to get a waiver - I've read that sometimes the waiver can be denied - what then?

This whole thing is our fault - we know it. But I think it's ridiculous that i might not be able to be with my husband.

I know there are plenty of people like me who went thru the same story and maybe someone can give me an advice!

PS/ My interview is going to be held in Warsaw, Poland - maybe that would help somehow

thanks a lot!

P.

You are OK. Just tell the truth at the time of interview, if asked.

In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal from the United States, is inadmissible.

what if there is a illegal employment involved? i worked on my SSN