I-601 Fits in where?

[Galant 0]

Sorry if this is really basic but I can't seem to find a plain answer. My fiancee is looking to file a K1 application with me as the beneficiary but due to an overstay I'm expecting I may need to submit an I-601. When does this happen - before the K1, right along with it, after it?

Thanks,

G.

PS - maybe include the answer in the guide for 601's and 212's?

[canadian_wife 1,822]

If your fiance had an overstay of more than 180 days then the denial will come at the interview and then you file the waiver then. Have it ready for the interview as they may accept it at the embassy.

How long is the overstay?

[emt103c 10]

Canadianwife is right. . .it gets turned in, usually at the interview depending on the home country for your fiance. Other information is needed to determine if you need both waivers, since you mentioned the I-212 and I-601. What are your fiancee's inadmissibilities.

How long was the overstay?

Was she deported? or

Is she still in the US?

Either way, you are going to want to visit www.immigrate2us.net it has the MOST THOROUGH waiver section online. . .and guides to both processes.

Edited April 22, 2009 by emt103c