I601 Waiver for overstay

[Da & Ra 14]

Hi All..

I applied for my fiancé k1 visa and we got approved and my petition at the NVC... My question, Where do I submit the waiver to? here or in Amman embassy..

I am not sure how to do the waiver also, my fiancé came here and overstayed and he left back about 8 years ago.. Can someone help please..

Thanks and good luck!

[Cathi 5,782]

you don't file a waiver until the visa is denied at the embassy, which it will be denied because he incurred a ban for over stay. You keep asking so many questions. You had months and months to prepare for this process and you still don;t seem to know what is going on..

[Da & Ra 14]

you don't file a waiver until the visa is denied at the embassy, which it will be denied because he incurred a ban for over stay. You keep asking so many questions. You had months and months to prepare for this process and you still don;t seem to know what is going on..

When did I ask many questions ??? and if it bothers you why are you replying to my question and be all that negative about it? first time I asked that was before we were approved were everyone said we will be denied but then we got approved and now you are saying they will deny the visa for his overstay ..well he been out of here 8 years and his 5 year ban is off... My question was clear as where I am supposed to file the waiver ..Everyone on this site is here to ask, learn and get support .. I do know what is going on and that's why my case is moving fast and approving and inshalla the visa will be approved as well..

[Asia 2,498]

You will fill a waiver after his visa is denied, not earlier.

How long he overstayed? Cause the ban is 3 or 10 years, not 5, as far as I know.

You will be denied if his ban hasn't passed yet. Your petition was approved, because they just checked that you're an USC, and you have a right to petition for your fiance. They didn't checked him (and his status) at all now.

[Da & Ra 14]

You will fill a waiver after his visa is denied, not earlier.

How long he overstayed? Cause the ban is 3 or 10 years, not 5, as far as I know.

You will be denied if his ban hasn't passed yet. Your petition was approved, because they just checked that you're an USC, and you have a right to petition for your fiance. They didn't checked him (and his status) at all now.

Thanks for you reply .. he overstayed for 5 years ,, he left in 2006 .. so the embassy will check his status?

[Golden Gate 530]

Thanks for you reply .. he overstayed for 5 years ,, he left in 2006 .. so the embassy will check his status?

Didn't they stamp something in his passport when he left about his ban?

Of course they will check his status, why wouldn't they? They don't just let people in without knowing what they've been doing and where they've been living.

I would think if he overstayed 5 years, he will have a 10 year ban. I know someone who overstayed one year and got a 10 year ban. Here is the forum for waivers: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[Golden Gate 530]

Didn't they stamp something in his passport when he left about his ban?

Of course they will check his status, why wouldn't they? They don't just let people in without knowing what they've been doing and where they've been living.

I would think if he overstayed 5 years, he will have a 10 year ban. I know someone who overstayed one year and got a 10 year ban. Here is the forum for waivers: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

Since we are already in the forum for waivers I guess you should just read other peoples' experiences to have a better idea what you are facing.

[Da & Ra 14]

Since we are already in the forum for waivers I guess you should just read other peoples' experiences to have a better idea what you are facing.

Hi There.. I have been reading all over believe me..They didnt stamp his passport.. we just put down in his application that he came in 2001 and left 2006 that was it.. I asked about embassy check because i thought when the petition gets approved here that means everything is good to go..i know he will be asked if he ever been here and if he got any other visas before and they will require a waiver but the question is if he will face a 10 year ban,,then they will not accept the I601 waiver.. i will be doing more searches around.. thanks for the reply and good luck..

[Golden Gate 530]

Hi There.. I have been reading all over believe me..They didnt stamp his passport.. we just put down in his application that he came in 2001 and left 2006 that was it.. I asked about embassy check because i thought when the petition gets approved here that means everything is good to go..i know he will be asked if he ever been here and if he got any other visas before and they will require a waiver but the question is if he will face a 10 year ban,,then they will not accept the I601 waiver.. i will be doing more searches around.. thanks for the reply and good luck..

Good luck to you!

[Asia 2,498]

I asked about embassy check because i thought when the petition gets approved here that means everything is good to go..i know he will be asked if he ever been here and if he got any other visas before and they will require a waiver but the question is if he will face a 10 year ban,,then they will not accept the I601 waiver..

No, they simply approved your petition (confirming your right to sponsor a fiance).

His visa will be denied, because he's in the middle of his ban for overstaying.

The waiver is for waiving this ban.

[Shiobhan 235]

Everyone petition is approved once they are proven to be

eligible family, spouse or a fiancée...as the notice say its not

an approval for a visa (approved petitions is not an indication

of a guaranteed visa approval).

Your fiancée seemingly has a 10 year bar( seem until 2015-16)I am

not sure but I think you can contact them every year to keep petition

valid at NVC.

Then when he qualifies NVC will schedule an interview at his home embassy,

when he interviews the CO will deny visa but issue him a paper saying

"eligible to file waiver", then and only then can you send in a waiver

packet to Nebraska proving hardships without him, Y you cant continue to

live without him or why don't you move to his country. Since you don't know

much about the procedure I think you should hire a waiver atty....I hope

this clears it up a bit for you.

[Kate and Joseph 1]

Hi There.. I have been reading all over believe me..They didnt stamp his passport.. we just put down in his application that he came in 2001 and left 2006 that was it.. I asked about embassy check because i thought when the petition gets approved here that means everything is good to go..i know he will be asked if he ever been here and if he got any other visas before and they will require a waiver but the question is if he will face a 10 year ban,,then they will not accept the I601 waiver.. i will be doing more searches around.. thanks for the reply and good luck..

My best advice to you at this point is to consult with an immigration attorney. I have a similar situation in that my fiancée had a 10 year ban as well. However we waited until his 10 year ban was up but our lawyer still advised us to file a waiver due to previous 10 year ban.

From what I understand about the waiver... We will go though the petition approval no problem, then it goes to the NVC which may take longer than average because that is where they start doing background checks on the applicant (the non-USC), from there it goes to the foreign embassy and they will set up an interview date. Our lawyer is preparing the waiver "package" for us, which includes the actual waivers and evidences we have provided towards why my fiancée should be admissible to the US again and why I cannot go live in another country with him. We are providing letters from both his and my families ( all in the US), letters from my employer saying I am irreplaceable due to my skill set, evidence of my owning a house, letters from his employers showing good character and honesty. All of these will be presented at the interview which I was told I should attend as well with my fiancé. Even with these papers we will likely NOT be approved at the interview because then from there the waiver needs to be processed. As for the rest, I'm still learning. Even though a lawyer is costly if your case needs a waiver, I would highly suggest it!!!

Best of luck to you and many blessings to you over the time it may take to get your fiancée approved. I'm in it for the long haul too, but you can likely expect much longer processing times than the average case on this site.

Edited June 14, 2013 by Kate and Joseph

[ShirahBet 42]

First of all, you won't get denied. You will be found ineligible. A denial usually is something else. If you are allowed to waiver, they hold your visa case at the consulate, so it's not technically a denial.

Second, they have standardized the waiver process for adjudication. Before December of last year, if you anticipated needing a waiver, you could submit the waiver documentation at the interview when they told you you were ineligible for a visa. Now, they tell you you're ineligible and you have to submit the paperwork to a lock box in the US. The only exception to this that I'm aware of is if the person who overstayed is still in the US; now they can file a 601A waiver from inside the country. Before, you'd have to leave the country and file the waiver directly at the consulate.

So, my suggestion is to look at immigrate2us.net VisaJourney is not the place for advice about waivers. I've found minimal information here and have done more research on other sites about waivers. But for the actual petition and visa process, this site is far better. Please also know that for a waiver to be approved, you have to prove why it would be an extreme hardship to the USC not having the foreign spouse living in the US. Extreme does not include regular old sadness or missing someone, but actual extreme hardships. I would recommend consulting a lawyer if you will need help with this, but most lawyers charge a few thousand dollars for compiling a waiver with a legal brief. If you feel that you have excellent writing and research skills, as well as a compelling argument to prove extreme hardship, continuing researching and do it on your own.

It should be overcome-able

[Da & Ra 14]

Hi All,

Here is the latest updates on our case, My fiance went to his interview, the consul told him to submit a waiver

the section she checked is Section 212(a)(9)(B)(i)(II) Unlawful presence in the U.S. for a period greater than one year, You are therefore inadmissible to the U.S until June 2016

Then she check , He is eligible for a waiver

My question and please if someone can help me

What waiver should he apply for the I-601? or I-212? or both together?

Thank you , Good Luck !

[Michigan1983 0]

I don’t mean to shoot your hopes down but I have been dealing with this for the past 7 years.

I was in the US and I overstayed my visa by 5 years however I was given a VD before I got married then I had to leave the US. We have filed for K-3 visa in 2007 and I was found inadmissible to the U.S until December 2016. I filed for my waiver at that time and I was denied then I appealed it and I was also denied. I stopped trying until recently because the process has been changed to the better. Please know that I have been married to a USC for 7 years and I have a USC daughter as well but none of that can help if there is no extreme hardship to the USC.

Now I wrote all that just to show you how hard to get the I-601 waiver approved.

First step is to really research the I-601 Waivers and how to write an Extreme hardship letter with the supporting documents.

You have to look at the foreign country security status (US travel.state.gov as a evidence for the country condition) you have to state that you cannot leave to the U.S and relocate because you have either financial issue that you have to take care of in the U.S you can state education if you are going to school you can also mention that you cannot speak the language of that foreign country and the unemployment rate there as well. You have to really look at everything.

It took me one year to put my I-601 waiver together making 9 pages of extreme hardship letter and about 60 pages of supporting documents.

Currently I have IR visa pending as I was found inadmissible in November 2013, I have filed my I-601 with the lockbox in December 2013 I should get the feedback from them around June or July 2014. If this didn’t work then all what I can do is wait the remaining 3 years in which I will finish the 10 year ban.

I wish you all the best and really I hope you get whatever you’re looking for

Edited December 30, 2013 by Michigan1983