Do we need a waiver?

[sowens 0]

My husband overstayed his VW, we applied for CR1 and K-3 both were approved. When I spoke to someone at USCIS they said that he shouldnt need a waiver and not to mention the overstay unless asked. To me that seems a bit fraudulent and we dont want to get into trouble.

To explain more in depth, we got married and USCIS told us he could stay and adjust his status from the US, so we were going thru all this when we were in a car accident that required medical treatment and therapy for both of us, this ultimately led to financial difficulties. Then we had a medical interview but were having trouble getting documents from his country sent to us. When I rang USCIS (we hadnt found VJ yet) they told us my husband should leave the country of his own accord before he is deported as we werent able to file the proper documents in a timely fashion and the illegal immigrant ban was exploding. Very crazy I know so hubby booked a ticket home and we managed to save and get ourselves squared away.

Now I am worried when he goes for his interview that we maybe turned down for the overstay. A USCIS agent told us that we shouldnt mention it but have any documnets proving what we were trying to do beofre he left just incase and explain our case. Oh and when I rang them after hubby went home another agent was helping me to get forms ready(telling me what ones we will need) she told me the other agent had no business telling hubby to go home.

Sorry about all the long drama, any help is greatly appreciated.

Sherry

[irishgirl73 0]

how long was his overstay?

I believe a waiver is only necessary if the overstay on the vwp was for more than 180 days-was that the case?

[sowens 0]

His waiver expired 7/3/05 and he left 12/31/05. I am just worried this may hold us back. Thanks!

Sherry

[irishgirl73 0]

I am sure others will help but....................I think you fall just under the 180 days..............unless I am calculating wrong.

Wait & see what others say about it. It may not be a problem.

Colleen

[kitkat1 5]

And to be safe, never never never listen to what a USCIS agent tells you. If you don't get clear answers here from someone who knows for sure, do a couple of phone consultations with a qualified immigration attorney who is well experienced in your situation and set of circumstances. good luck.

[leroy1999 0]

I find it hard to believe that a USCIS Agent would tell you to go ahead and Lie on your application...

[MN&UK 0]

And to be safe, never never never listen to what a USCIS agent tells you. If you don't get clear answers here from someone who knows for sure, do a couple of phone consultations with a qualified immigration attorney who is well experienced in your situation and set of circumstances. good luck.

Good advice. Don't listen to any of those customer service people!!!! I got really bad advice and was set to follow it, when someone who had been through immigration said, 'oh, heck no. if you do that, you will get arrested.' So I got a lawyer and am very glad I did. Those people who answer the phones are innept, misinformed idiots. Get advice from experts. Unfortunately, employees of that bad contracted USCIS call center are not experts, nor even remotely competent. Sad, but true.

I naively thought they would know what to do. I pressed the number that corresponded with, 'if you are about to file forms and have questions, press#2' and then the idiot from heck answered and she put me on the wrong road that caused me quite a costly detour. Beetch!!!!!!!!!!

Edited August 4, 2006 by MN&UK

[sowens 0]

Thanks Colleen- and to the rest of ya for the advice, We are gonna ring the embassy and ask if we might need a waiver. If we do we will have one ready for them. I am just so nervous and excited all at the same time. Colleen I seen in another thread that your hubby has an interview! Hope all goes well!

I find it hard to believe that a USCIS Agent would tell you to go ahead and Lie on your application...

They didnt say to lie they said not to mention it unless it was brought up during the interview process. I still dont feel comfortable about ommitting this and thats why I asked for advice here. But yes that is what we were directed to do by a USCIS rep.

Thanks All

Sherry