Waiver needed?

[RichiJenny 14]

As Ive stated previously, it looks like we got married on day 91, then I left prior to filing for AOS with a dire emergency. This was about 6-7 weeks after we got married.

We're going to go thru the CR1 route, would I need an I601 waiver at all. Im a wee bit confused, I think Im right in saying I wont, but would love some clarification please...

Thanks

I know ive asked this before BUT, i think i got the answer that I wont get a ban, cos it was less than 180 days, but im wondering about the waiver..

Edited September 13, 2006 by RichiSusie

[Yodrak 7]

RichiSusie,

If you don't think that you've incurred a ban, what is it that you think might need to be waived?

Yodrak

As Ive stated previously, it looks like we got married on day 91, then I left prior to filing for AOS with a dire emergency. This was about 6-7 weeks after we got married.

We're going to go thru the CR1 route, would I need an I601 waiver at all. Im a wee bit confused, I think Im right in saying I wont, but would love some clarification please...

Thanks

I know ive asked this before BUT, i think i got the answer that I wont get a ban, cos it was less than 180 days, but im wondering about the waiver..

[RichiJenny 14]

RichiSusie,

If you don't think that you've incurred a ban, what is it that you think might need to be waived?

Yodrak

As Ive stated previously, it looks like we got married on day 91, then I left prior to filing for AOS with a dire emergency. This was about 6-7 weeks after we got married.

We're going to go thru the CR1 route, would I need an I601 waiver at all. Im a wee bit confused, I think Im right in saying I wont, but would love some clarification please...

Thanks

I know ive asked this before BUT, i think i got the answer that I wont get a ban, cos it was less than 180 days, but im wondering about the waiver..

Not totally sure Yodrak as its more of clarification Im looking for really. Just the possibillity of the overstay, which was caused by my leaving the US whilst out of status.

[RichiJenny 14]

Rather than start a new topic, I thought it best to carry this on. For a while Ive been querying whether my wife and I actually married on day 91.

So, I got home from work today and thought I'd just make sure of things as we prepare to file the CR1.

I called the USCIS, they said they werent sure how the law lay as to what is included in the 90 days.

London Embassy useless info line said it was 91 days and were more interested in why I left ( just being nosey) - more than anything,

Then I called CBP at JFK, and asked a supervisor for my immigration info.

Finally I get thru to someone with an ounce of common sense...

I asked for my I94 info from my K1 visa. Was asked a few personal id questions and was told that my I94 entry/departure was in fact -

March 11 (arrive) June 9 (depart)

This is 90 days. We were married in the timeframe. Still not totally sure what is included ie start/end date, but Im not concerned now as according the the US immigration, it was 90 days, and thats what was bugging me.

The chap also said I did have 'officially' an overstay as I then left prior to the next phase, but we're going the CR1 route soon anyway, so we can just concentrate on that and I wont be using the VWP before i get the CR1.

[Yodrak 7]

RichiSusie,

If you want an answer to a question of law, why is it that you ask of everyone but a lawyer?

Yodrak

Rather than start a new topic, I thought it best to carry this on. For a while Ive been querying whether my wife and I actually married on day 91.

So, I got home from work today and thought I'd just make sure of things as we prepare to file the CR1.

I called the USCIS, they said they werent sure how the law lay as to what is included in the 90 days.

London Embassy useless info line said it was 91 days and were more interested in why I left ( just being nosey) - more than anything,

Then I called CBP at JFK, and asked a supervisor for my immigration info.

Finally I get thru to someone with an ounce of common sense...

I asked for my I94 info from my K1 visa. Was asked a few personal id questions and was told that my I94 entry/departure was in fact -

March 11 (arrive) June 9 (depart)

This is 90 days. We were married in the timeframe. Still not totally sure what is included ie start/end date, but Im not concerned now as according the the US immigration, it was 90 days, and thats what was bugging me.

The chap also said I did have 'officially' an overstay as I then left prior to the next phase, but we're going the CR1 route soon anyway, so we can just concentrate on that and I wont be using the VWP before i get the CR1.

[RichiJenny 14]

I would have thought that someone be it a INS employee, or embassy official would have all read from the same song sheet and be able to clarify an answer to the question - (as well as a laywer). Would an official/ employee not be in a better position to answer that question than even a lawyer?

[sarah and hicham 3]

Timmy!

Sorry I couldn't resist. I can't help you but I do wish you luck and hope that everything goes smoothly.

[Euro 3]

I would have thought that someone be it a INS employee, or embassy official would have all read from the same song sheet and be able to clarify an answer to the question - (as well as a laywer). Would an official/ employee not be in a better position to answer that question than even a lawyer?

the best thing to do would be a lawyer BUT the next best thing would be when you have your interview in London, be prepared & take the filled out waiver with you, that way if the Embassy says you need a waiver then you can file it right there & then!...................Good Luck & fingers crossed

[john_and_marlene 162]

Rather than start a new topic, I thought it best to carry this on. For a while Ive been querying whether my wife and I actually married on day 91.

So, I got home from work today and thought I'd just make sure of things as we prepare to file the CR1.

I called the USCIS, they said they werent sure how the law lay as to what is included in the 90 days.

London Embassy useless info line said it was 91 days and were more interested in why I left ( just being nosey) - more than anything,

Then I called CBP at JFK, and asked a supervisor for my immigration info.

Finally I get thru to someone with an ounce of common sense...

I asked for my I94 info from my K1 visa. Was asked a few personal id questions and was told that my I94 entry/departure was in fact -

March 11 (arrive) June 9 (depart)

This is 90 days. We were married in the timeframe. Still not totally sure what is included ie start/end date, but Im not concerned now as according the the US immigration, it was 90 days, and thats what was bugging me.

The chap also said I did have 'officially' an overstay as I then left prior to the next phase, but we're going the CR1 route soon anyway, so we can just concentrate on that and I wont be using the VWP before i get the CR1.

I always think about this when I see K1s that have waited for months after the 90 days to file for AOS. They do start accruing overstay days until the receipt of the I-485. Generally, it's not a problem as the overstay is forgiven at the AOS. But, if for unforseen reasons, they end up leaving before the AOS is approved, the overstay days stand. Also, if the I-485 was submitted after the 90 days and is later withdrawn or the AOS is not completed and subsequently denied, the overstay count includes the days after submission as well up until the person departs the country.