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Filed: Citizen (apr) Country: Argentina
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Posted

When do late fees accrue on overstaying and what is the rate that you are fined? Also is there anyway around late fees?

I'm sorry but I don't follow... fees on overstaying? Could you be more specific? What's the actual situation for which you need help with?

Filed: Citizen (apr) Country: Argentina
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Posted

I have been in the US since last November without filing paperwork. Are there late fees for filing through marriage at this point?

So you are here illegally and you want to see if there are any late fees for filing a K1? I'm not judging, just putting the pieces of the puzzle together.

If you have overstayed, you are here illegally. There is no such thing as "late fees" to file a K1 visa petition or any visa for that matter. You incur into days of overstaying; the more days you over stay, the more years you will be banned from entering the US.

Filed: Country: United Kingdom
Timeline
Posted

So you are here illegally and you want to see if there are any late fees for filing a K1? I'm not judging, just putting the pieces of the puzzle together.

If you have overstayed, you are here illegally. There is no such thing as "late fees" to file a K1 visa petition or any visa for that matter. You incur into days of overstaying; the more days you over stay, the more years you will be banned from entering the US.

If that is the case, does that mean I cannot successfully apply to stay through marriage?

Filed: AOS (pnd) Country: Lebanon
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Posted

If that is the case, does that mean I cannot successfully apply to stay through marriage?

This is a case of, as pointed out by the previous responder, overstaying a Visa which is generally grounds for denial of re-entry to the country for a certain amount of time, the length of which is dependent on the number of days you overstayed your visit.

I would highly recommend consulting with a lawyer at this point. I have heard that it is possible to still stay in the country via marriage (since you originally entered legally), but there are certain waivers that need to be filed, and you definitely can NOT file for a K1 (fiancee) visa.

I think your best bet is to remain in the country, marry the US Citizen you wish to marry, and pursue residence here by way of waiver(s) (which in laymen terms is you basically saying to the US government "I admit I overstayed, and I'm really sorry. Please forgive me and let me stay, cause I came here legally"), because if you leave the country then who knows when you'll be allowed to come back.

 
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