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punchie

OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE

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Your visa will be denied at the interview due to the overstay. You will be give the official reasons for denial and if you are eligible to apply for a waiver. The best forum for waivers is http://immigrate2us.net/forum/index.php There is a lot involved in the waiver process, so it would be a good idea to start learning about it as has been suggested. There is much more to it than filling out a few forms and writing a letter. It must prove extreme hardship to the US citizen if the alien spouse isn't allowed to return to the US. There is a wealth of information available at the site I have suggested. It is lengthy, involved process, but it is doable. You may wish to consult with a lawyer if you feel it is beyond doing alone. A few good ones are Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com.

R.I.P Spooky 2004-2015

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Filed: K-3 Visa Country: Grenada
Timeline
What part of the visa process are you in? You say you filed, have you been approved?

USCIS will likely approve your petition but you will probably be denied at the interview due to your extensive overstay. 1.5 years is considered excessive and they will likely have documentation of it.

Good luck, read the guides for the I-601 waivers.

WELL IM JUS WAITIN FOR DE INTERVEIW CALL...DATS ABOUT IT ..MY WIFE AND MOTHER IN LAW ARE MY SPONSERS THAT PAPER WAS SENT ALL DA... INTERVEIW NOW..

ANOTHER QUESTION IF I EXPLAIN WHAT HAD HAPPEN I.E DE REASON FOR OVERSTAY CAUSE REALLY THAT WASNT SOMETHIN I COULD HAVE CONTROLLED....MY ISLAND WAS MASHED UP REAL BAD...AND DEM HIT WITH ANOTHER HARRICANE...BUT I GUESS I SHOULD HAVE JUST LEFT

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Filed: AOS (apr) Country: Philippines
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ANOTHER QUESTION IF I EXPLAIN WHAT HAD HAPPEN I.E DE REASON FOR OVERSTAY CAUSE REALLY THAT WASNT SOMETHIN I COULD HAVE CONTROLLED....MY ISLAND WAS MASHED UP REAL BAD...AND DEM HIT WITH ANOTHER HARRICANE...BUT I GUESS I SHOULD HAVE JUST LEFT

A week or two or even a month... but 1.5 years?

YMMV

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ANOTHER QUESTION IF I EXPLAIN WHAT HAD HAPPEN I.E DE REASON FOR OVERSTAY CAUSE REALLY THAT WASNT SOMETHIN I COULD HAVE CONTROLLED....MY ISLAND WAS MASHED UP REAL BAD...AND DEM HIT WITH ANOTHER HARRICANE...BUT I GUESS I SHOULD HAVE JUST LEFT

A week or two or even a month... but 1.5 years?

Quite true. A short period of time may be accepted, but not a year and a half. And if it was 6 months or less, no waiver would be needed.

R.I.P Spooky 2004-2015

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

All you have to do is file the waiver. They take months to process, so you will want to have it ready to submit as close to the interview date as possible. It is not hopeless. Take spookyturtle's advice and check out those websites.

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Filed: IR-1/CR-1 Visa Country: Mexico
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WELL IM JUS WAITIN FOR DE INTERVEIW CALL...DATS ABOUT IT ..MY WIFE AND MOTHER IN LAW ARE MY SPONSERS THAT PAPER WAS SENT ALL DA... INTERVEIW NOW..

I don't know if you realize how big a deal this is. You really need to check out that forum. I'm in the same situation as you. You really need to educate yourself about the waiver process inside and out. It is not for the faint hearted, but there is a wealth of information for you there. Good luck!

USCIS

01/05/09 - Mailed I-130

NVC

03/13/09 - Case # assigned

04/15/09 - Case Complete

[/color]

Ciudad Juarez

06/02/09 - Visa Interview - canceled

09/17/09 - Visa Interview - denied

11/19/09 - Waiver Interview -approved next day

11/24/09 - Green Card and entered US

USCIS

09/21/11 - Mailed I-751

09/26/11 - I-751 delivered to CSC

09/27/11 - NOA1 date

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Filed: AOS (pnd) Country: Pakistan
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HEY ALL I'M NEW TO THIS SITe and looking for a bit of help

i live in the caribbean got married in july, now my wife has filed for me to join her in the us All forms have been approved thus far.however i had overstayed my time with a visitors visa was not deported or what so ever i left(i overstayed due to hurricanes which hit my country wasnt really a plan)anyways i overstayed now i would just like to know if my overstayin will cause any problem when i go for my interveiw.

so could anyone help me out please im young my wife is too .our families are basically saying it wouldnt and tellin us hold the faith yada yada ,if thats a problem my wife plans to drop out of college to live in the caribbean.Now no way on earth i wanna rob her of that so please anyone help!! :crying:

If your wife is USC and u have filled I 485 then it not a problem at all. As long as u entered legally.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
If your wife is USC and u have filled I 485 then it not a problem at all. As long as u entered legally.

If he was still in the States, but he left so he triggers the ban

USCIS

01/05/09 - Mailed I-130

NVC

03/13/09 - Case # assigned

04/15/09 - Case Complete

[/color]

Ciudad Juarez

06/02/09 - Visa Interview - canceled

09/17/09 - Visa Interview - denied

11/19/09 - Waiver Interview -approved next day

11/24/09 - Green Card and entered US

USCIS

09/21/11 - Mailed I-751

09/26/11 - I-751 delivered to CSC

09/27/11 - NOA1 date

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Filed: Timeline

Hey Punchie,

What's up? You used to go S.D.A. school and G.B.S.S. ? You need to show proof that the hurricane struck Greenz and that will be your reason for staying longer due to the fact that you had nowhere to stay because of the destruction of the island. Also, seek consultation from an immigration lawyer for other possible options. If none is available in Grenada ask your wife to consult one here in the USA. First consultations are free and she can ask as many questions.

P.S. You should have stayed and not return to Greenz, then you could have applied to adjust your status; much easier. However, you left so that may be the big problem of overstaying and being banned.

:)

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Filed: K-3 Visa Country: Grenada
Timeline
Hey Punchie,

What's up? You used to go S.D.A. school and G.B.S.S. ? You need to show proof that the hurricane struck Greenz and that will be your reason for staying longer due to the fact that you had nowhere to stay because of the destruction of the island. Also, seek consultation from an immigration lawyer for other possible options. If none is available in Grenada ask your wife to consult one here in the USA. First consultations are free and she can ask as many questions.

P.S. You should have stayed and not return to Greenz, then you could have applied to adjust your status; much easier. However, you left so that may be the big problem of overstaying and being banned.

:)

yea who dis pm me....i had to come back alot reasons...one of which my dad was real sick....died some months after i return ....my dad was my world worth more da wat i had in america...wasnt gonna be happy or live with myself if he had died and i didnt spend time wit him...was one of the hard things i've ever done but it had to be done...and i have some proof and ivans damage i got picture of wat use to be our house and so on....

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