Can I apply CR1 Visa after I overstay for 14 days?

[nikii 0]

I came to US with B1/2 visa, I-94 Expired on August 26th, I got married on August 20th. So I overstay for 8 days so far. I am now in US and going back to China next week.Someguy in US Embassy said he will report me for overstay so that makes my case really bad.(He is a officer who works in US embassy.he has power)

My questions are:

can I apply for CR1 visa after I back to china?

Lawyer told us they probably will ask me to apply for hardship waiver which is really really hard to get approved. I wanna know if that will happen for sure?Any chance that they might give me visa without ask to apply waiver?

Thanks

Edited September 3, 2011 by nikii

[Ryan H 3,810]

You can apply for a CR-1 visa after the petition filed by your spouse is approved by USCIS. You won't have a ban for an overstay of only 14 days so there will be no need to have a waiver, but do be honest about the overstay as it will likely come up again down the road.

Edited September 3, 2011 by Ryan H

[nikii 0]

My problem is I got reported by a officer in Beijing Embassy for overstay so My lawyer said its gonna be really hard for me.

Is there any website I can check the information about waiver? if overstay less than 180 days wont need a waiver i will be sooooooooooooooooooooo happy !

[Jojo92122 1,924]

I came to US with B1/2 visa, I-94 Expired on August 26th, I got married on August 20th. So I overstay for 8 days so far. I am now in US and going back to China next week.Someguy in US Embassy said he will report me for overstay so that makes my case really bad.(He is a officer who works in US embassy.he has power)

My questions are:

can I apply for CR1 visa after I back to china?

Lawyer told us they probably will ask me to apply for hardship waiver which is really really hard to get approved. I wanna know if that will happen for sure?Any chance that they might give me visa without ask to apply waiver?

Thanks

Ryan H is correct.

Your US citizen spouse will file Form I-130. Once approved, you will file the DS-230 for an immigration visa. A waiver is not necessary since you have only 8 days of unlawful presence. A ban is not trigger until you accumulate more than 180 days of unlawful presence. As long as you are honest about your overstay, you will be fine. Do lie about it. It's not the overstay that you would be punished for, it would be the lying. (I am Asian so I am going to put this out there - do not try to save face by lying or hiding the truth. Americans don't like to be lies used to cover up past wrongdoing. Wrongdoing can be forgiven. Lying after the fact is usually not forgiven. Look up Anthony Weiner - it's not the photos that got him busted - it was the lies to cover them up.)

Do not hire this attorney you had the consultation with. While it is a remote possibility that your USC spouse would have to file for a hardship waiver, it is unlikely because you are not subject to any ban. This attorney is probably wrong, ignorant and uninformed, or just want your money.

[Steph1988 11]

Ryan H is correct.

Your US citizen spouse will file Form I-130. Once approved, you will file the DS-230 for an immigration visa. A waiver is not necessary since you have only 8 days of unlawful presence. A ban is not trigger until you accumulate more than 180 days of unlawful presence. As long as you are honest about your overstay, you will be fine. Do lie about it. It's not the overstay that you would be punished for, it would be the lying. (I am Asian so I am going to put this out there - do not try to save face by lying or hiding the truth. Americans don't like to be lies used to cover up past wrongdoing. Wrongdoing can be forgiven. Lying after the fact is usually not forgiven. Look up Anthony Weiner - it's not the photos that got him busted - it was the lies to cover them up.)

Do not hire this attorney you had the consultation with. While it is a remote possibility that your USC spouse would have to file for a hardship waiver, it is unlikely because you are not subject to any ban. This attorney is probably wrong, ignorant and uninformed, or just want your money.

its a different visa granted but same thing, my hubbys visa waiver expried, he over stayed 147days, he left himself, they told him at airport dont come back without a visa, were now week or so from interview date, had no issues with it so far as it wasnt over 180days, will get asked about it at embassy sure but it wont stop u if your honest, justt give the most honest reason you can, as some1 said wrongdoin will be forgiven, lying wont

[nikii 0]

Thanks jojo....how did you find about about waiver? I just want to make sure that I dont need waiver. did you go through this process?

[Jojo92122 1,924]

Thanks jojo....how did you find about about waiver? I just want to make sure that I dont need waiver. did you go through this process?

My only experience with waivers are based on reading the issues on this forum and other immigration forums.

A waiver is only available after you have been denied an immigration visa. You will not get a denial based on your 8 days of overstay because you are not subject to a ban.

Generally, attorneys are the experts. However, not all of them are educated in immigration visas. Some are not not honest because they want your money.

my thoughts to you is to go through the process. If you need a waiver, then hire an attorney at that point.

I understand that this is your life and you want to make sure that you are doing it right. Perhaps a consultation with another attorney who specializes in immigration law would assure you that you will not need a waiver.

[nikii 0]

Thanks JoJO !!