Do I need a waiver after 3 year ban ?

[MSM 0]

Hi ..

I really need help ..

I`m very concerned about getting a k1 visa denied .. I went to US in 2008 (jan 14) with a J1 visa( au pair).. i left the program in 2 weeks .. they were making a lot of problems to me so i decided to leave .. after that waited for a rematch but i didnt want another problematic family to be with .. so i decided to live with my fiance .. so i left in Feb 5 to be together with him in that time .. so I guess they canceled my visa after some days of Feb .. and I left US 23 Dec 2008 .. so lets say i Got a 3 years ban .. Now that i completed it .. i would like to know if i served it Do i need a waiver after it ??? Cause by the law i think i dont need to say sorry to the country .. i already waited the 3 years ..

Anybody here got the visa approved without a waiver after serving the 3 or 10 year ban ???

Can you give the details about the interview ..

[Sandra G. 5,048]

You will have to submit a waiver!!! Probably your K1 will be approved,but the Consulate won't be able to issue your visa because of your ban. In your interview the Consulate will give some papers for the waiver, because you live in Brazil your waiver will be adjudicated in Peru, and it was taking 1 year for their decision, but I saw some cases lately that took just six months, but the average time in Peru is nine months ok. Boa sorte.

Eu sou moderadora da comunidade k3 visa se vc quiser entrar la vc sera bem vinda, nos temos varios casos de waiver la ok.Boa sorte.Aconselho que vc leve o waiver pronto na entrevista e entregue ja na entrrevista,pois ele dirao que nao poderao emitir seu visto pque vc esteve ilegal mais de 180 dias.

[MSM 0]

You will have to submit a waiver!!! Probably your K1 will be approved,but the Consulate won't be able to issue your visa because of your ban. In your interview the Consulate will give some papers for the waiver, because you live in Brazil your waiver will be adjudicated in Peru, and it was taking 1 year for their decision, but I saw some cases lately that took just six months, but the average time in Peru is nine months ok. Boa sorte.

Eu sou moderadora da comunidade k3 visa se vc quiser entrar la vc sera bem vinda, nos temos varios casos de waiver la ok.Boa sorte.Aconselho que vc leve o waiver pronto na entrevista e entregue ja na entrrevista,pois ele dirao que nao poderao emitir seu visto pque vc esteve ilegal mais de 180 dias.

E como eu levo o processo do waiver pronto ??? isso vai me adiantar algo ja ?? ouvi dizer que o noivo que tem q aplicar o meu waiver la no usa ? isso procede ?? se eu levar o waiver pronto eu so entrego e eles dao entrada e depois tenho que ir la buscar o visto ou eles mandam por correio ???

nao tenho nem nocao como funciona isso ... mas vc acha q pelo fato de eu cumprir os 3 anos no brasil eu nao precisaria ? pois ate agora vi que quem teve que aplcar pelo waiver sao pessoas que nao esperam o ban e tem q pedir perdao .. obrigada

[Sandra G. 5,048]

Correcting myself, You left your program in January 2008 and stayed in the USA till December 2008 right? then your overstayed 11 months.If the person stays illegally for more than 1 year then the person is barred from returning for 10 years, in your case you are ban for 3 years, but because you are outside of the USA more than 3 years I believe everything will be fine in your case and the Consulate won't ask you to submit the waiver.

Me desculpe eu nao tinha prestado atencao nas suas datas e relendo vi que vc ficou menos de 1 ano entao vc estaria banida por 3 anosm,mas pque vc ja esta fora estes 3 anos nao creio que vc tera nenhum problema,mas por via das duvidas vc poderia pedir ao seu noivo que envie um email ao Consulado referente a isso so confirmando sobre o waiver, pela lei d eimigracao vc nao precisara fazer o waiver,mas cada consulado tem suas normas internas tbem e uma que vc esta obrigada a in formar o periodo que ficou ilegal ele poderia confirmar isso com eles. Sorte

[MSM 0]

Hum thank you Sandra for reading again and understanding the situation .. hope everything goes well ..

anyway do u know anybody in ur forum(K3) that had the situation almost like mine ?

[Noah Lot 391]

Hum thank you Sandra for reading again and understanding the situation .. hope everything goes well ..

anyway do u know anybody in ur forum(K3) that had the situation almost like mine ?

Though Aaron2020 would disagree, based on his 'vast' knowledge of US immigration law, in actuality, you were never barred! Why? Because J1s are admitted for 'D/S', which means 'duration of status'...and normally do not accrue unlawful presence unless an immigration judge rules that you did (but you never went to immigration court, correct?).

While you were technically out of status, that is different from being unlawfully present, which is what is necessary in order to accumulate time towards a bar to readmission.

So, based on what you posted, you are not banned, never were and do not need a waiver of any kind.

[MSM 0]

Though Aaron2020 would disagree, based on his 'vast' knowledge of US immigration law, in actuality, you were never barred! Why? Because J1s are admitted for 'D/S', which means 'duration of status'...and normally do not accrue unlawful presence unless an immigration judge rules that you did (but you never went to immigration court, correct?).

While you were technically out of status, that is different from being unlawfully present, which is what is necessary in order to accumulate time towards a bar to readmission.

So, based on what you posted, you are not banned, never were and do not need a waiver of any kind.

Hey Noah Lot .. i have a question for you .. I have a friend that was an au pair too .. and overstayed just 2-3 months and she is applying for k1 as well .. Last year she tried to enter US with her Tourist visa that she had before Au pair .. it was still valid .. when she got at immigration .. they caught her and took her to a room .. they made a lot of questions and told her the visa got canceled too cause she left the au pair program etc .. she got deported and now is applying for the k1 .. its the same situation as me ? she will need an waiver or they just didnt want her to come to US as a tourist cause they prob knew she could stay illegal with her fiance ..

Ah and answering ur question .. Yes i never went to the immigration court .. or never had any problem .. I never worked illegal or anything could make a problem for me in the future ..

Thank you for sharing ...

[astraltraveler 0]

What if i do my k1 interview on the day my 3-year ban ends? Would i need a waiver? The last day of my I-29 is the day my 3-year ban ends....so im thinking to set up my interview on that date.

[TBoneTX 45,301]

Last contributor already has a thread on this topic and should not post elsewhere about it:

http://www.visajourney.com/forums/topic/602466-unlawfull-presenca-before-k1/

Thread from 2012 is now closed to further comment.