Overstaying a tourist visa

[KayDeeCee 4,893]

@jay-Kay- I checked out that site but it's not user friendly. =\

Ok, well it is just a forum, similar to VJ. You have to surf through the posts there and there is a search box at the top right of the page. It has info about the I-601 process at CDJ, and even examples of approved hardship letters that were used in sticky posts at the top of the other threads.

This post has a lot of info in it, from medical to visa appointment through info on what to do to file a waiver: http://immigrate2us.net/forum/showthread.php?77532-FAQs-about-medical-visa-interview-waiver-appointment-AP-and-expedites

[minicyni 1]

Ok. Well thank you both but now I'm confused. Is there a chance that the waiver might not even be required? And if it is I should DEFINITELY contact a lawyer right? I shouldn't attempt to process a waiver on my own?

Hi KRYSTAL!

I just HAD to write you to tell you that i am going thru the same thing. I came at 8 yrs of age and will need a waiver for the overstay. It is VERY COMMON so dont feel left out. I hired a lawyer for the whole process and they charged be around $5800 but that was ALL the process from the 1-130. SO you might get a GOOD waiver for $2000. You DEFINATELY will get denied and then the officer will give you a sheet saying you are eligible for a waiver and the instructions. You will have to call to make an appointment to turn in your waiver in Juarez in person. They tell you to wait 6-8 weeks to hear a response. If they need more information it can up to a year's wait. I know it is very stressful but thats why i recommend to get a lawyer so u have less chance of getting stuck because they need additional information. The waiver includes the overstay and also working illegaly. (NOT IDENTITY THEFT which is different)

The fast waiver program that someone mentioned IS old news, they arent doing that anymore.

Message me if u have any other questions.

[VanessaTony 3,567]

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?

From what I understand aside from the visa process which will take 6+ months, the waiver process can take about as long, but you only start the visa process after the interview. He'll be denied at interview, then he files for the waiver. And there's no guarantee the waiver would be approved either. I'm not sure whether coming on a K1 and then overstaying will cause any serious red-flags (like he's marrying you only to stay, or that he was always going to stay with you when he came over on the K1 and used the original petitioner just to get here).

It's going to be a long long road.