Overstaying a tourist visa

[Kevin&crystal 0]

Hey guys. So I saw something about if you overstayed your visa you will not be eligible for a K1 visa. Here's the scenario: When I was 7 years old, my parents took me to the US on a tourist visa and I did not return to Mexico until the age of 22. Will this cause my k1 visa to get rejected? =[

[TimeTravel 78]

From the age of 18, you are considered as adult and your overstay will be calculated from this point. From 18 to 22, thats mean, 4 yrs overstay when you were adult. You have 10 yrs ban. You can apply for waiver.

[Dan & Jenni 457]

From the age of 18, you are considered as adult and your overstay will be calculated from this point. From 18 to 22, thats mean, 4 yrs overstay when you were adult. You have 10 yrs ban. You can apply for waiver.

while im not disagreeing about this... should this not of been spotted at USCIS level as the OP already has NOA2??

[Stephen + Elisha 92]

while im not disagreeing about this... should this not of been spotted at USCIS level as the OP already has NOA2??

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.

[Dan & Jenni 457]

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.

thank you

[Kevin&crystal 0]

=\ wow really? So My K1 will be rejected FORSURE?

[VanessaTony 3,567]

=\ wow really? So My K1 will be rejected FORSURE?

Yes for sure. Prepare the waiver paperwork so that you can submit it at the interview. Mexico has some agreement with the US so it's a lot quicker than any other country to get the waiver for overstay approved.

Head over to http://immigrate2us.net/forum/forumdisplay.php?6-I-601-Mexico to get more advise about this specifically.

Edited February 20, 2012 by Vanessa&Tony

[Kevin&crystal 0]

And what is DOS? I already have my case approved I have an interview scheduled for feb 24th. And do I have to wait 10 years to apply for a waiver??

[Dan & Jenni 457]

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.

so when should a waiver be submitted... right from the start or do you wait until you are asked to submit one??

edit: ok so i think Vanessa&Tony just answered my question

Edited February 20, 2012 by Dan & Jenni

[Kevin&crystal 0]

How can I apply for a waiver?

[Stephen + Elisha 92]

And what is DOS? I already have my case approved I have an interview scheduled for feb 24th. And do I have to wait 10 years to apply for a waiver??

DOS = Department of State. A Department of State Consular Officer at the USCON Ciudad Juarez will adjudicate your visa application. As others have stated, he/she will find you inadmissible and deny your application.

so when should a waiver be submitted... right from the start or do you wait until you are asked to submit one??

You have to wait until the finding of inadmissibility is made. Since the OP knows that he has an overstay with an associated 10-year ban, he can come prepared to the interview with the waiver paperwork.

[Dan & Jenni 457]

You have to wait until the finding of inadmissibility is made. Since the OP knows that he has an overstay with an associated 10-year ban, he can come prepared to the interview with the waiver paperwork.

thanks

[Kevin&crystal 0]

How can I apply for the waiver and how long does that process take? Will I have to re-submitt the entire I-129f??

[VanessaTony 3,567]

How can I apply for the waiver and how long does that process take? Will I have to re-submitt the entire I-129f??

I've already answered your questions. Please read my previous reply.

[Kevin&crystal 0]

Thanks but that website isn't very user friendly. Do you or anyone else know how long the waiver process will take? How long before I can FINALLY be with my fiancée?