I-129f 2NOA- Overstayer

[Kourtne 0]

Hello, We(Im american he is british) have our K-3 petition approved and it has been sent to the US embassy in London. My husband without a doubt over stayed(over 180 days) but he has not be in the US for 3 years so is the ban taken off or does the ban start when they deny him? Will he most likely have to file the 601 waiver? We have no idea what is going to happen b/c we did the i-130 2-3 years ago and it still havent been approved and the k-3 has taken over a year to get approved. Thanks for your help!

[Kourtne 0]

Just to add he left the US voluntarily and was on a student visa. He tried to come back(to help me pack for we were moving back to the UK) but was understandably denied b/c of his previous over stay. They didnt give him a packet or anything. They just stamped his student visa as denied and sent him back. This was 3 years ago.

Edited November 9, 2012 by Kourtne

[Penguin_ie 5,995]

Really, you got a K3 and not a CR-1? This is the first in many months that I have seen go through...

Anyways- hoe long exactly did your husband overstay? If it was more than 180 but less than a year, his ban is expired (it lasted 3 years), and no waiver will be needed. He'll likely get asked about it at interview, but shoiuld not be a major issue. If he overstayed more than a year, it's a ten year ban and a waiver will be needed.

[Kourtne 0]

Really, you got a K3 and not a CR-1? This is the first in many months that I have seen go through...

Anyways- hoe long exactly did your husband overstay? If it was more than 180 but less than a year, his ban is expired (it lasted 3 years), and no waiver will be needed. He'll likely get asked about it at interview, but shoiuld not be a major issue. If he overstayed more than a year, it's a ten year ban and a waiver will be needed.

Ok thank you so much!

[jaycali 415]

If he was on an F-1 student visa, this is probably a non-issue. Students don't accumulate unlawful presence until told by an immigration judge that they are unlawfully present. Their I-94 has no date on it, but rather "D/S" - Duration of Status. So while they can be denied entry for having been out of status, the 3/10 year bar does not apply.

[jaycali 415]

Btw, agree with penguin. Make sure this is acidly a K-3 and not a CR-1. K-3s are rarely ever issued anymore as the I-129f and I-130 usually get approved at the same time. They're both sent to the NVC where the K-3 path is administratively closed.