am I screwed!! fiance just admitted over stay

[brian@alejandra 20]

I was looking of the DS 260 my fiance filled out and submitted for mexico, on it she says she over stayed a temperary visa for years!!! I didnt know this until now how will this effect the visa, is it to be denied

[Harpa Timsah 13,258]

Yes it will be denied and you will need a waiver (another form after denial and costs $$).

[lost_at_sea 995]

The annoying thing is you have to wait for the denial before you can apply for the waiver, as far as I understand it, so you'll have to carry on for the moment and just be prepared for what they're going to ask for. I believe you'll be looking for the I-601 waiver.

Here's a similar topic: http://www.visajourney.com/forums/topic/435707-i601-waiver-for-overstay/

How long did your fiancé overstay and how long has it been since she left the USA?

Edited August 7, 2013 by lost_at_sea

[Hypnos 6,578]

If she overstayed "for years" then she has a 10 year bar from the US that began the day she departed.

You can attempt to overcome this with a waiver, but they are not easy to obtain.

Edited August 7, 2013 by Hypnos

[brian@alejandra 20]

The annoying thing is you have to wait for the denial before you can apply for the waiver, as far as I understand it, so you'll have to carry on for the moment and just be prepared for what they're going to ask for. I believe you'll be looking for the I-601 waiver.

Here's a similar topic: http://www.visajourney.com/forums/topic/435707-i601-waiver-for-overstay/

How long did your fiancé overstay and how long has it been since she left the USA?

I have not talked tro her yet, on the forms she states she overstayed years, I know she left in 2009 i think in august

[Penguin_ie 5,997]

When did she overstay and for how long? When did she leave and how (ie deported, voluntary departure, just left)?

[lost_at_sea 995]

I have not talked tro her yet, on the forms she states she overstayed years, I know she left in 2009 i think in august

It would be worthwhile to know the exact length of overstay and exactly how and when she left the country, but as others have suggested above, it sounds an awful lot like she likely has a 10 year US ban at the moment that will still be in effect, and if so she'll be found ineligible for her visa and then have to apply for a waiver. It's not necessarily the end of the game, but it does make it more complicated/longer/expensive.

Edited August 7, 2013 by lost_at_sea

[KayDeeCee 4,896]

~ Moved from K-1 Process to Waivers and Administrative Processes- topic about overstay and the need for a waiver ~

[brian@alejandra 20]

When did she overstay and for how long? When did she leave and how (ie deported, voluntary departure, just left)?

left in 2009 august i think, i dont know how long she over stayed, it was a tourist visa, she left voluntarly, it looks like the only proof of this right now is what she stated on the ds 260, she was not deported and not documented leaving.

[brian@alejandra 20]

Ok, now that the dust is settleing, I can start thinking and planning,

How likely is it that she can can a waiver, I think the hardship she can claimis her to young girls are american born and they can not be here with our her, their dads are not around and are not USC's. we would like them to have the benifit of school in the US and the safety of leaving here as compared to mexico city. can someone point me in the direction of past post or guides where waivers were appoved so I can learn what works and what does not. can i get opinons about the likely hood of get approved and how long it will take.

[Penguin_ie 5,997]

The hardship must be on the petitioner, ie you, not her.

Have a read through this forum, and especially this sticky: http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/

[Boiler 46,322]

She over stayed for years, she is your fiancée but you did not know?

That would be of more concern.

The waiver is just time and money.

[brian@alejandra 20]

She over stayed for years, she is your fiancée but you did not know?

That would be of more concern.

The waiver is just time and money.

i was unaware until now, me and her going to try to work through that before I do anything else, but I want to find options and know my chances of getting a waiver as i decide what to do about the entire problem. Time is a problem but I can not change that, money is just money, I can afford the cost of a waiver if it means being with the one i love.

You say it just time and money, does mean you feel a waiver is likely if its worded right?

[bigdog 377]

I would get a top notch immigration attorney ASAP, at least for a consultation. Best Wishes

[Boiler 46,322]

You say it just time and money, does mean you feel a waiver is likely if its worded right?

Correct, assuming it is just a simple overstay and there is nothing else to come out of the woodwork.