190 days overstay

[patita 0]

Guys,

we were about to send our IV packet and AOS to NVC when I realized that I didnt overstay for 160 days but for 190!

As far as I know, if it's more than 180day there will be 3 years ban for me.

now I dont know if i should apply for the waiver and prove them the hard ship between us.

We have no children, nothing! its just the beginning of our marriage and we have nothing to make them believe that he needs me over there right now.

Are there any other options for us?

or just wait the 3 years and try to work it out over the Skype !!!

thank you

P.

[emt103c 10]

How did you calculate the days? Are you certain of 190?

You will not be allowed to file the waiver until the visa interview. The best advice is to consult with an attorney and/or really brainstorm some ideas before giving up. It is very possible to be approved without children. . .

Now that I'm reading your timeline. . .if you're still in the U.S., married to a U.S. citizen and doing AOS. . .overstay doesn't matter, you won't need a waiver. Is that what you're doing?

[patita 0]

How did you calculate the days? Are you certain of 190?

You will not be allowed to file the waiver until the visa interview. The best advice is to consult with an attorney and/or really brainstorm some ideas before giving up. It is very possible to be approved without children. . .

Now that I'm reading your timeline. . .if you're still in the U.S., married to a U.S. citizen and doing AOS. . .overstay doesn't matter, you won't need a waiver. Is that what you're doing?

I calculated it starting from the first day after exp date until i left the US. it looks like 192 days! so 12 day above the limit!

I am applying for the same visa as you CR-1. So i am back in the home country.

I will wait until the interview to see what they will say!

i am just trying to find some solution.... and there is no help

thank you

[canadian_wife 1,822]

It wouldn't hurt to put together the strongest I-601 waiver packet you have (anything you have) and be prepared for the interview. A 192 day overstay is a 3 year ban...if it is 192 days and not 160.

There are guides pinned up in this forum to help with the packet and outlining arguments.

Good luck.

[patita 0]

It wouldn't hurt to put together the strongest I-601 waiver packet you have (anything you have) and be prepared for the interview. A 192 day overstay is a 3 year ban...if it is 192 days and not 160.

There are guides pinned up in this forum to help with the packet and outlining arguments.

Good luck.

how about if i tried to extend my stay while i was in the US? does it count as a legal stay? i got denial though

4/2/08 my J-1 visa expired

4/20/08 asked for an extension for 3 months

5/2/08 my 30 days grace period ended

7/9/08 got married

8/13/08 denial sent to my email

8/30/08 date on the letter stating that i should leave the US

10/11/08 left the US

how should I count the unlawfully presence in the us? since my j-1 visa expired, or the 30 days grace period finished or maybe since the denial letter?

please help!

[Bobby+Umit 161]

This is a tough one.

You may want to contact the embassy (or a lawyer) to see what they say about it, and if you should process for a waiver.

You shouldn't of left after you got married, you would of been able to AOS in the US, with probably no issues.

Edited April 26, 2009 by Bobby_Umit

[Bobby+Umit 161]

Oh - and from what I read:

Effect of decision on extension and change of status on unlawful presence

An approval of an application for an extension of stay or a change of status results in a new period of stay, which is

made retroactive to the expiration of the previous period of stay. In the case of an approval, no unlawful presence

accrues.

If a timely-filed application for a change or extension of status is denied because it was frivolous or because the alien

engaged in unauthorized employment, then unlawful presence begins to accrue as follows:

• For those with a date-certain I-94, unlawful presence begins on the date of expiration of the I-94.

• For those with duration of status, unlawful presence begins to accrue on the date the application is denied.

If an application is not filed in a timely manner, and is denied for any reason, unlawful presence begins to accrue as of

the date of the expiration of the I-94 for those with a date-certain I-94.

For those admitted for duration of status,

unlawful presence begins to accrue on the date the application is denied.

So, if your I-94 says D/S - you would count from the date your denial letter is.

Source: Overstay

[nigel 7]

How did you calculate the days? Are you certain of 190?

You will not be allowed to file the waiver until the visa interview. The best advice is to consult with an attorney and/or really brainstorm some ideas before giving up. It is very possible to be approved without children. . .

Now that I'm reading your timeline. . .if you're still in the U.S., married to a U.S. citizen and doing AOS. . .overstay doesn't matter, you won't need a waiver. Is that what you're doing?

Hi...

Its been a while since ive done this stuff....but more or less happened to me, and this what normally happens, you go to the interveiw they process your visa then after a long wait there they will call you back and say you have been denied ya visa....by this time you would have your 601 waiiver form filled out with a hardship letter...make sure you read the hardship letters from this forum or go to the sister website immigrant to usa forum....there both goods siites but no offence to this site on the immigrant2us site there is more members on there who has done the 601 waiver .....

once denied hand over ya 601 form and a very good hardship letter...i mean very good.....again look up hardship letters on both sites..

then you will have a great idea of what the Immigration officer is looking for....again i cant say how inportant this hardship letter is going to be....in fact this letter will be proberly the most inportant letter you will ever write in ya life......please take your time and put 110% in this ok.....ive seen good letters and still have lost there waiver.....then its back to the drawing board to washington DC to beg them for mercy.....that route i no nothing about but ive seen and heard its a dam nightmare....

Anyways...... ya proberly be refused on interveiw cas ya over the 180 day mark.....but i think if im not corrected by one good member anything under that day sometimes they will forgive there and then......sometimes ive seen somebody over the 180 days and still was forgiven.....but dont take a chance as ya know what sort of time and ya close to be refused.....so have ya 601 waiver ready to pull out ya ####......only kidding make sure ya have it there and then......

And last but never least.....ya cash.....yep more money to file ect...welcome to the world of politics my friend.....

Then....im not sure how long it takes to process but it depends where on ya interveiw is or country ya from ect......i was lucky it took me to process my 601 8 wks i think...but it was nothing compared, i was fighting this for yrs.... or it felt like yrs anyway....so a few more wks being away from my wife and kids for this was going to be a walk in the park...still it makes ya still nevous ect but at least the end is coming anyway...

Ok...just have it all ready then whip it out...thats the waiver im talking about...LOL... OH and i forgot dont forget that green ###### called hmmmmmm cash...$$$$$$$$

once all said and done then ill pray for ya, that it goes to plan , then one day you have a letter saying you have been granted ya IR1 now pay our Taxes and welcome to the USA where its a great country but the Goverment wants ya money.....and everyone else...lol....

No really best wishes dude hope all works out....

Nigel

[patita 0]

Oh - and from what I read:

Effect of decision on extension and change of status on unlawful presence

An approval of an application for an extension of stay or a change of status results in a new period of stay, which is

made retroactive to the expiration of the previous period of stay. In the case of an approval, no unlawful presence

accrues.

If a timely-filed application for a change or extension of status is denied because it was frivolous or because the alien

engaged in unauthorized employment, then unlawful presence begins to accrue as follows:

• For those with a date-certain I-94, unlawful presence begins on the date of expiration of the I-94.

• For those with duration of status, unlawful presence begins to accrue on the date the application is denied.

If an application is not filed in a timely manner, and is denied for any reason, unlawful presence begins to accrue as of

the date of the expiration of the I-94 for those with a date-certain I-94.

For those admitted for duration of status,

unlawful presence begins to accrue on the date the application is denied.

So, if your I-94 says D/S - you would count from the date your denial letter is.

Source: Overstay

Bobby Umit thank you so much for this post! on my I-94 I have D/S ! So as far as I understand it, I could extend my visa until the 30 days grace period was done correct?

The second thing was that I was working while I was done with my internship - so it means what? that i should count it starting from the denial??

this is so confusing???

do you thing i should get a lawyer?

Thank you so much!!!

ps/ i was doing my medical when i had to head back home - family tragedy! i had no choice and now we have to struggle!

thank you thank you!

[patita 0]

How did you calculate the days? Are you certain of 190?

You will not be allowed to file the waiver until the visa interview. The best advice is to consult with an attorney and/or really brainstorm some ideas before giving up. It is very possible to be approved without children. . .

Now that I'm reading your timeline. . .if you're still in the U.S., married to a U.S. citizen and doing AOS. . .overstay doesn't matter, you won't need a waiver. Is that what you're doing?

Hi...

Its been a while since ive done this stuff....but more or less happened to me, and this what normally happens, you go to the interveiw they process your visa then after a long wait there they will call you back and say you have been denied ya visa....by this time you would have your 601 waiiver form filled out with a hardship letter...make sure you read the hardship letters from this forum or go to the sister website immigrant to usa forum....there both goods siites but no offence to this site on the immigrant2us site there is more members on there who has done the 601 waiver .....

once denied hand over ya 601 form and a very good hardship letter...i mean very good.....again look up hardship letters on both sites..

then you will have a great idea of what the Immigration officer is looking for....again i cant say how inportant this hardship letter is going to be....in fact this letter will be proberly the most inportant letter you will ever write in ya life......please take your time and put 110% in this ok.....ive seen good letters and still have lost there waiver.....then its back to the drawing board to washington DC to beg them for mercy.....that route i no nothing about but ive seen and heard its a dam nightmare....

Anyways...... ya proberly be refused on interveiw cas ya over the 180 day mark.....but i think if im not corrected by one good member anything under that day sometimes they will forgive there and then......sometimes ive seen somebody over the 180 days and still was forgiven.....but dont take a chance as ya know what sort of time and ya close to be refused.....so have ya 601 waiver ready to pull out ya ####......only kidding make sure ya have it there and then......

And last but never least.....ya cash.....yep more money to file ect...welcome to the world of politics my friend.....

Then....im not sure how long it takes to process but it depends where on ya interveiw is or country ya from ect......i was lucky it took me to process my 601 8 wks i think...but it was nothing compared, i was fighting this for yrs.... or it felt like yrs anyway....so a few more wks being away from my wife and kids for this was going to be a walk in the park...still it makes ya still nevous ect but at least the end is coming anyway...

Ok...just have it all ready then whip it out...thats the waiver im talking about...LOL... OH and i forgot dont forget that green ###### called hmmmmmm cash...$$$$$$$$

once all said and done then ill pray for ya, that it goes to plan , then one day you have a letter saying you have been granted ya IR1 now pay our Taxes and welcome to the USA where its a great country but the Goverment wants ya money.....and everyone else...lol....

No really best wishes dude hope all works out....

Nigel

I've read about all those waivers and I know its very hard to prove the hadship! Since we are very young marriage, we dont have any children yet, my hubby thank god is not sick, his parents are not disabled so it wont work! I think ill move to Canada haha just kidding:)