VISA Waiver overstay/B2 visa application

[Delta5 9]

The overstay which was already mentioned results on a 10 year entry bar, supersede approval of any kind of visa whether its a B2, K1 or any kind of non immigrant or immigrant visa. OP has to serve the remaining 10 years ban before any kind of visa is even considered at the consular office.

[Ghostrider10 0]

The overstay which was already mentioned results on a 10 year entry bar, supersede approval of any kind of visa whether its a B2, K1 or any kind of non immigrant or immigrant visa. OP has to serve the remaining 10 years ban before any kind of visa is even considered at the consular office.

That would be wrong, the extreeme hardship form applies to K-1 visas too..if approved then K-1 will be accepted with no 10 year ban.

[Delta5 9]

That would be wrong, the extreeme hardship form applies to K-1 visas too..if approved then K-1 will be accepted with no 10 year ban.

I respectfully disagree. Applying a waiver for extreme hardship is one thing but approval is another. A visa, K1 or otherwise has to be denied first before any application of the waiver can be made. A 10 year bar is extremely difficult to overcome even with the waiver. Its hard enough to claim waiver of extreme hardship on family based petition let alone a K1, which by immigration rule and standard is still not classified as family based immigration. A fiance/e petition may lead to marriage but still not yet considered family. Again, proving extreme hardship, especially on a K1 is enormously difficult to justify at the consular office. Unfortunately, I have seen it denied so many times. OP definitely has the right to agree or disagree. Its OP's immigration problem not ours. Just sharing some info. I'm done.

[Harsh_77 718]

I would agree with Delta5 even before you can apply for wavier, your K1 has to be denied and as far as I am aware that would be very difficult to prove in K1.

As couple is not married so what are the hardship to each other?

[jaycali 415]

OP: I usually have no sympathy for overstayers, but in your case I really do. I understand that a 17 year old who was brought to the US at the age of 10, and who has lived half their life in the US can't just "pack up and leave" if their parents aren't going with.

At the same time, that's how the law is. Extreme hardship waivers are (as far as I know) only available to immediate family members of US citizens. Also, as Delta said, filing one is one thing, getting it approved is another. Remember, it would have to show hardship to the USC, not to you, and we're talking extreme hardship.. Basically it has to show why she absolutely cannot live with you in Argentina.

[Boiler 46,125]

I disagree, as long as you are prepare to jump through the hoops then a waiver is quite possible.

Fiancées seem not significantly harder than Spouses.

[Ghostrider10 0]

ill jsut try to do my best... i mean ill do the hardhsip with a lawyer...they know BEST plus i have my brother who is a U.S. citizen living in the states as well.... i reele love the U.S. i wanna do things right once for all.

[cerebus407 16]

The OP didn't say how old they are, but it should be noted that a 10 year ban begins from the confirmed date of exit from the U.S. So if the OP exited at 20 and is now 27, just 3 years more. As others have said, you still have to overcome presumption of immigrant intent and you are in a hole there due to past history but there is a waiver for 9B2 (365+days of overstay) and the CO can choose to support or write an opinion against the waiver. Ultimately, DHS decides.