My foreign fiance overstayed in the US

[lain78 0]

We got our I-129F approved this week, yay! However, my Fiance had overstayed on visitor visa from 1986-1993.He went back willingly and never returned back. Now my question: Is he going to be drilled in his interview and have problem getting the visa because of his overstay 17yrs ago?

[Amit-N-Melody 11]

he will definitely be questioned about it, IMO, the worse that I see is they deny him at the interview and you file a wavier and then he gets the visa...

[summersurf 10]

Hello, well looks like your fiance's got the similar case with mine. I overstayed my previous visit in 2000-2003, so it was about 6 years ago when we were applying for K-1 visa.

My K-1 was denied and we needed to filed for the waiver, but i see your fiance's is approved, which is a good sign, i hope, because his overstaying was already longer than 10 years ago. I think his ban is already expired. At his K-1 (I-129F) interview, did they ask him anything about his overstaying?

Edited July 16, 2010 by summersurf

[Deputy Purple 1,294]

Wouldn't that overstay trigger a 10 year ban?

He's been out of the country for 17 years!

Looks like he waited out his ban and should be admissible now!!

[sachinky 465]

He's served the 10 year ban that would apply in such a case of a seven-year overstay. He should, however, be prepared to face some tough questions about it.

Edited July 16, 2010 by sachinky

[Brother Hesekiel 2,236]

The 10-year ban is served, but because of the history of severe overstay, I doubt that your fiance would ever be granted a B2 or any non-immigrant visa again.

Since the K-1 is an immigrant visa, however, there's no danger of overstaying in the country. Therefore there may be unpleasant questions at best, but no denial of the K-1.

[lain78 0]

he will definitely be questioned about it, IMO, the worse that I see is they deny him at the interview and you file a wavier and then he gets the visa...

Thank you very much for your advice

God forbid incase if he got denied where and when do we file a wavier. Does the consulate provide you the waiver sheet? How soon should it be done. Who to submit to?

he will definitely be questioned about it, IMO, the worse that I see is they deny him at the interview and you file a wavier and then he gets the visa...

Thank you very much for your advice

God forbid incase if he got denied where and when do we file a wavier. Does the consulate provide you the waiver sheet? How soon should it be done. Who to submit to?

he will definitely be questioned about it, IMO, the worse that I see is they deny him at the interview and you file a wavier and then he gets the visa...

Thank you for your advice

God forbid incase if he got denied where and when do we file a wavier. Does the consulate provide you the waiver sheet? How soon should it be done. Who to submit to?

he will definitely be questioned about it, IMO, the worse that I see is they deny him at the interview and you file a wavier and then he gets the visa...

Thank you for your advice

God forbid incase if he got denied where and when do we file a wavier. Does the consulate provide you the waiver sheet? How soon should it be done. Who to submit to?

[lain78 0]

Hello, well looks like your fiance's got the similar case with mine. I overstayed my previous visit in 2000-2003, so it was about 6 years ago when we were applying for K-1 visa.

My K-1 was denied and we needed to filed for the waiver, but i see your fiance's is approved, which is a good sign, i hope, because his overstaying was already longer than 10 years ago. I think his ban is already expired. At his K-1 (I-129F) interview, did they ask him anything about his overstaying?

No, he hasn't gone to his interview yet, we just got our NOA2. Now if I may ask how do we go about getting the waiver done if they ask for one? When, where and who provides you with the waiver? Who do we submit to? and how soon does it have to get done?

Thank you soooooo much with all your responses and advice

[sachinky 465]

His ban has already been served. You do not require a waiver.

[summersurf 10]

No, he hasn't gone to his interview yet, we just got our NOA2. Now if I may ask how do we go about getting the waiver done if they ask for one? When, where and who provides you with the waiver? Who do we submit to? and how soon does it have to get done?

I dont think you should be worried about the waiver, his overstaying was 17 years ago which is way over the ban already. You guys had the approval means they already approved the visa, they might ask him tough question about the overstay thing, but as long as he answers honestly, it should be fine.

But if they ever want him to file the waiver (which i believe wont happen), they will explain it all to him at the embassy. Alright? dont worry too much now

[Deputy Purple 1,294]

... You guys had the approval means they already approved the visa ...

WRONG! The Visa hasn't even been applied for yet. The interview is where he officially applies for the Visa and is either approved or denied.

Approval of the petition only means the the Petitioner has been deemed able to sponsor him which includes the determination that there is a sponsor-able relationship between them.

[Boiler 45,542]

K1 is technically not an immigrant visa, but the overstay is not an issue.

[Amit-N-Melody 11]

Thank you for your advice

God forbid incase if he got denied where and when do we file a wavier. Does the consulate provide you the waiver sheet? How soon should it be done. Who to submit to?

I wasnt saying that you would get denied I was saying in the worse case scenario... You would'nt file a wavier (I-601) until you get denied for the visa after the interview... It is always best to be prepared in any situation... This way nothing comes to you as a shock

[Deputy Purple 1,294]

I wasnt saying that you would get denied I was saying in the worse case scenario... You would'nt file a wavier (I-601) until you get denied for the visa after the interview... It is always best to be prepared in any situation... This way nothing comes to you as a shock

IIRC, an overstay would use I-212 Waiver, I-601 would be for a lifetime ban for such things as EWI. It's irrelevant in this case though as he is currently admissible since he served out his re-entry ban.