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Katerina53331

NEED INFORMATION FOR OVERSTAYMENT AND WAIVER. PLEASE, HELP...

By Katerina53331 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Katerina53331 Newbie

Katerina53331   0

Posted
Filed: Country: Belarus
 Timeline
Posted

Hello,

I am an US citizen, my fiancee is Belarussian. We applied for k-1 and was accepted but she was refused at interview in Warsaw, because of a overstayment of more than a year in the US in 2004 and a misstatement on applying for a previous visa.. We met when she was in the US and we have met 4 times since, I was told if I go to Belarus and marry her and then come home and file a I-130 and I may have to file a waiver, because of her overstaying that she could be here in a year or so. Is this right, has anyone had an experience like this? Any advice is much appreciated. Thank you in advance.

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

There are a lot of threads on here discussing this situation.

Because she overstayed more than 180 days, you will have to file a waiver, form i-601.

You have to prove extreme hardship to yourself if she is not allowed to be in the US.

Here is one link for more info:

http://***removed***/forum/waivers.php

Best of luck to you

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sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted (edited)

She is subject to a ten year ban because of her overstay.

You mentioned a 'misstatement' on a previous visa -- has she been formally accused of material misrepresentation? If yes, you NEED a lawyer.

Even if you marry her and file for a CR-1, she will still be ineligible to enter the U.S. due to her overstay.

You need to look into the waiver process and see if you can prove sufficient hardship.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I agree with sachinky about the lawyer, but I think you need one now. The I-601 for overcoming the overstay is significate and is mnore than a form and a letter. A qualified attorney is extremely beneficial at this point.

Marrying her will not erase the ban. You also need to be more clear on the mis-statement made on a previous visa

Good luck

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Darnell Grand Master

Darnell   8,478

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

Thanks guys for your advice, appreciate it a lot.

She understated the time she was in the USA...

That's a material mis-representation. But even then, you could file a NEW I-129F, with some wrangling on a waiver (covering both issues).

Suggest you engage with Laurel Scott for a few hours of consult, have set you on the proper path.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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