am I screwed!! fiance just admitted over stay

[doug/sherry 26]

First, she told the truth on the form, but I would check to see how long she overstayed her visa

and make a determination of the next step. I know a person that over stayed for 6 months but

was granted a fiance visa. Second, after I found out about the lenght of the overstay, I would

get in the yellow pages and find an immigration attorney and make a call! Good luck

[VanessaTony 3,567]

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.

There will be evidence somewhere so it's good she told the truth.

You do not know if you need a waiver until you know how long she overstayed. She may have already spent the time out (if only less than a year overstay) or she may not need on at all (less than 6 months). Find out when she entered, and when she left. Then you will find out the advice you need to know. Anything else is just conjecture.

[brian@alejandra 20]

yes, i told that being honest one the form was the best thing, that hiding it would have killed our chances, but I wish I had known at the start, I could have been prepared better

[LoveMyTico 999]

Her passport would have given it away if she didn't state the truth on the forms. And the background check would have uncovered it too. Then you would have alot of explaining to do. Its better to file the waiver. I have mine all ready. its about 2 inches thick. We just need to get through the USCIS and interview. The good thing is the waivers are now processed in the US. The processing time is stated at 4 months ( but we all know that is just an estimate) I would suggest getting an immigration attorney if you aren't sure what to do about the waiver.

Edited August 8, 2013 by LoveMyTico

[Hypnos 6,578]

Only immediate relatives of a US citizen can use the new I-601A, everyone else has to use the normal I-601.

Edited August 8, 2013 by Hypnos

[brian@alejandra 20]

Her passport would have given it away if she didn't state the truth on the forms. And the background check would have uncovered it too. Then you would have alot of explaining to do. Its better to file the waiver. I have mine all ready. its about 2 inches thick. We just need to get through the USCIS and interview. The good thing is the waivers are now processed in the US. The processing time is stated at 4 months ( but we all know that is just an estimate) I would suggest getting an immigration attorney if you aren't sure what to do about the waiver.

thanks, little details like that can hurt when missed!

[brian@alejandra 20]

How does sound like for the waiver? The best hardship I can find on my part is that shortly after we got serious, I was able to stop the treatment for depression I had been on for years, I have friends who can right letters saying I stopped drinking cold turkey when I met her. and also I can not move to mexico because strong family ties here, my son is just starting acadamy, I have a 13 year old daughter, her mom has custady and would never let her go to mexico, My ex did not work the 18 years we were married and is having trouble findind working now, so I must support the kids 100% (and her to a point.) there is not by court order, I do this our of moral belief and personal responabilty. My training as a CDL drive would not earn enough in mexico to support myself much less everyone else. The last one I an not sure about using because it look like i can not support my fiance once she is here, but I can, but only by working in the US.