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CanTex

Can I get a Waiver for Overstay?

By CanTex in Waivers (I-601 and I-212) and Administrative Processes (221g)

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CanTex Explorer

CanTex   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

While we are waiting for approval and if I overstay more than 180 days I will get banned for at least 3 years.

At the time of approval and interview in Canada will I be able to file a waiver for the ban or will I be banned

and have to let the approval expire?

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Boiler Grand Master

Boiler   45,551

Posted
Filed: K-1 Visa Country: Wales
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Posted

You have an option.

Do not overstay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
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Posted
You have an option.

Do not overstay.

Concur. Doubtful you would be able to get a waiver on the day of the interview.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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emt103c Rising Star

emt103c   10

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

You have a few options:

1. Don't overstay and get your visa immediately.

2. If you've already overstayed, cancel the k1, get married and then file for AOS.

3. Take your chances with the Montreal Advisory Opinion that says Canadian citizens are treated as D/S cases. . . .

The options are in the order of easiness. . .

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spookyturtle Grand Master

spookyturtle   9,466

Posted
Timeline
Posted
You have a few options:

1. Don't overstay and get your visa immediately.

2. If you've already overstayed, cancel the k1, get married and then file for AOS.

3. Take your chances with the Montreal Advisory Opinion that says Canadian citizens are treated as D/S cases. . . .

The options are in the order of easiness. . .

I think that option 1 and 2 are the ones to consider. Personally I would never take the chance on 3! Great advice as usual emt103. You're a big help to everyone here.

R.I.P Spooky 2004-2015

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ChicagoMammy Explorer

ChicagoMammy   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
You have a few options:

1. Don't overstay and get your visa immediately.

2. If you've already overstayed, cancel the k1, get married and then file for AOS.

3. Take your chances with the Montreal Advisory Opinion that says Canadian citizens are treated as D/S cases. . . .

The options are in the order of easiness. . .

3 is just not going to work. You will ruin your chances. Do not overstay. There are so many of us dealing with the problems caused by illegal presence. Waivers are not approved the same day in Canada. Don't even think about going this route.

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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trailmix Grand Master

trailmix   77

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted (edited)

This post, from another VJer a couple of weeks ago, pretty much answers your question, unless you want to be stuck in Canada without you SO for a year or more, don't overstay.

Hello VJers!

Yes, I'm baaaccccckkkkkk! I know I haven't been checking the forums ever since my unsuccessful Montreal interview. However I figured everybody would like to hear a happy ending since there may be other people in similar situation as me.

Just a quick recap of my situation

* overstayed on my TN-1 visa by 8 months

* went through all the IR-1 visa paperwork (have a peek at my timeline)

* had an interview in Montreal on 03/17/2008 - was given a 221(g) due to the overstayed violation.

* gave my I-601 waiver form to the interviewer in person

* full interview story at http://www.visajourney.com/forums/index.php?showtopic=116911

Then here's the latest update

08/20/2008 - Renewed RCMP Fingerprint (just in case since my first RCMP fingerprint was about to expire)

09/17/2008 - Received RCMP Fingerprint result (wow - less than a month compare to 5 months for my first RCMP fingerprint).

01/27/2009 - Received noticed from USCIS - I-601 Approved - (316 days since the interview) - Expect to hear from Montreal Embassy shortly.

02/03/2009 - Received Letter from Montreal Embassy asking to mail in my new RCMP fingerprint, updated medical report, and passport.

02/25/2009 - Renewed medical exam in Vancouver (showed up at 7am, had exam at 11am, got medical results at 2pm)

02/25/2009 - Sent all three requested items to Montreal Embassy via FedEx overnight.

03/11/2009 - Receive another letter from Montreal Embassy, asking for Canadian express post for them to send the visa/passport back to me. (Good Grief - why they didn't ask for this in the first letter??)

And now I'm spinning my wheels.

Edited by trailmix
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