Wife overstayed tourist visa, what are chances of K-3 approval?

[darryn 0]

Hi folks,

About 5 years ago my wife and I were living in the US and I had applied to have her status adjusted. I am a US citizen, she is Czech. We were having marital problems and split up for awhile and so I withdrew my I-864. We got back together. My wife recieved an Notice to Appear and we moved back to the Czech Republic a month later. Is this going to be a huge problem if we apply for a K-3 visa?

Thanks,

Darryn

[nomadnoor 29]

Hi Darryn,

Yes this could present problems with your new visa process. However if you are transparent about WHY you abandoned the past visa process it should work itself out.

Ally & Omar

[darryn 0]

Hi Darryn,

Yes this could present problems with your new visa process. However if you are transparent about WHY you abandoned the past visa process it should work itself out.

Ally & Omar

Thank you for your reply. I forgot how important the positive attitude is while embarking on this process.

I guess my real questions are WHEN does immigration start counting how long someone overstays? Would it be from the time the Notice to Appear is served, which would be 1 month overstay. Or would it be counted from the time i withdrew sponsorship which would be a more than six month overstay, but less than a year? Or is it counted retroactively from the time that my wife's B-2 visa expired, which would be greater than a year?

Also is there a way to find out at Immigration which ban needs to be served? 3 years, 10 years, or none?

Is this even the right forum to be asking these questions?

Thanks,

Darryn

[nomadnoor 29]

Hi again Darryn,

Well to be completely honest I have no clue with regards to your new questions. My gut feeling is that because your wife over stayed her original visa and the other issues you mentioned perhaps it would be wise to get an immigration lawyer's advice. I know that a lawyer can be expensive however it could save you a lot of time to know in advance if immigration is possible for your wife and what challenges individuals in your situation encounter. So to make effective use of your time make a list of questions - email in advance your story/explaination to the lawyer you pick and ask if they offer a sliding scale payment for their services.

I wish you and your wife the best of luck!

Ally & Omar

[NikLR 13,227]

It's from when the B2 expired. She entered a period of authorized stay but when you withdrew the I-864 that effectively cancelled her aos, that stay is revoked which is why they served her a notice to appear. Because she left before she could be deported she likely only needs the I-601 waiver. There is another forum that's really good with waivers. I dont remember the name off the top of my head.

[darryn 0]

It's from when the B2 expired. She entered a period of authorized stay but when you withdrew the I-864 that effectively cancelled her aos, that stay is revoked which is why they served her a notice to appear. Because she left before she could be deported she likely only needs the I-601 waiver. There is another forum that's really good with waivers. I dont remember the name off the top of my head.

Ok, that's what I thought. I will start researching the I-601. Thank you guys for your help.