How do you know if you need a waiver?

[olafgypsy 0]

Hello all. I'm just wondering a couple of things about waivers:

1) How do you know if you need a waiver? My fiance was here on either a J1 or F1 Visa (not sure which) and may have overstayed by about a month / violated the conditions. He's not sure -- he's checking his passport today. But my question is, is there some way he or I can find out if he messed up and will be barred from re-entry, and thus will need to file a waiver?

2) When do you normally file the waiver? After the visa is granted, WHEN you file for the visa, or BEFORE (in which case we messed up).

3) Why would an adjudicator normally approve or reject a waiver?

I've checked out the guide, but can't find the answers there. Does anyone know?

Thanks!

[kitkat1 5]

A 3 year ban is in place after 180 days of illegal presence. Your fiance doesn't appear to have stayed this long.

Waivers are filed after visa denial due to overstay - illegal presence is a visa ineligibility. Waivers are based on the qualifying relative's (the USC) ability to prove extreme hardship in the event the waiver is denied and the USC is forced to relocate to the fiance/spouse's country permanently. Inability to prove and document extreme hardship results in a waiver denial. Waiver approval rate and timing different from consulate to consulate.

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

http://bogota.usembassy.gov/wwwsc047.shtml

[olafgypsy 0]

A 3 year ban is in place after 180 days of illegal presence. Your fiance doesn't appear to have stayed this long.

Waivers are filed after visa denial due to overstay - illegal presence is a visa ineligibility. Waivers are based on the qualifying relative's (the USC) ability to prove extreme hardship in the event the waiver is denied and the USC is forced to relocate to the fiance/spouse's country permanently. Inability to prove and document extreme hardship results in a waiver denial. Waiver approval rate and timing different from consulate to consulate.

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

http://bogota.usembassy.gov/wwwsc047.shtml

Thanks, that's really helpful! In any case it doesn't seem likely that he will need one, but it appears we must cross that bridge when we come to it.