DO I NEED A WAIVER..please say no!!

[themaskfamily 0]

Hi all you amazing souls on this webpage!!

Last fall I was denied at POE with my B2 visa. The immigration officers claimed I had overstayed my visa and I had to voluntarily remove my application to enter the US. I NEVER overstayed my 1-94 record and I had no idea there was a limit to the B2 visa. In total I used it for 13 out of 18 months from the first entry. Now me and my US bf are engaged and want to go ahead and apply for the K1. Do I have to apply for a waiver? The report from the incident claims I was inadmissible to the US under section 212 (a) (7) (A) (i) (I). Does anyone know what this actually means?

Appreciate any help!!!

[kitkat1 5]

Hi all you amazing souls on this webpage!!

Last fall I was denied at POE with my B2 visa. The immigration officers claimed I had overstayed my visa and I had to voluntarily remove my application to enter the US. I NEVER overstayed my 1-94 record and I had no idea there was a limit to the B2 visa. In total I used it for 13 out of 18 months from the first entry. Now me and my US bf are engaged and want to go ahead and apply for the K1. Do I have to apply for a waiver? The report from the incident claims I was inadmissible to the US under section 212 (a) (7) (A) (i) (I). Does anyone know what this actually means?

Appreciate any help!!!

The limit to your B2 was the amount of the time IO gave you when you entered and was written on your I-94.

What do you mean you used 13 of 18 months? Did the IO tell you you could stay in the US for 18 months? (Normal limit is 6)

You wouldn't need a waiver for the I-129F petition. If you needed one it would be upon denial at the visa interview. But denial of entry does not always mean you need a waiver. If you overstayed more than 180 days, you would need a waiver. What are the details of what happened?

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

Who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required

[themaskfamily 0]

Hi all you amazing souls on this webpage!!

Last fall I was denied at POE with my B2 visa. The immigration officers claimed I had overstayed my visa and I had to voluntarily remove my application to enter the US. I NEVER overstayed my 1-94 record and I had no idea there was a limit to the B2 visa. In total I used it for 13 out of 18 months from the first entry. Now me and my US bf are engaged and want to go ahead and apply for the K1. Do I have to apply for a waiver? The report from the incident claims I was inadmissible to the US under section 212 (a) (7) (A) (i) (I). Does anyone know what this actually means?

Appreciate any help!!!

The limit to your B2 was the amount of the time IO gave you when you entered and was written on your I-94.

What do you mean you used 13 of 18 months? Did the IO tell you you could stay in the US for 18 months? (Normal limit is 6)

You wouldn't need a waiver for the I-129F petition. If you needed one it would be upon denial at the visa interview. But denial of entry does not always mean you need a waiver. If you overstayed more than 180 days, you would need a waiver. What are the details of what happened?

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

Who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required

Thanks for your fast reply. I think I actually might have found the answer I hope on the insturctions for the 212 waiver which states people who where deported, removed or excluded more than a year ago can reapply for admission without the waiver as well as people who departed voluntarily without any cost to the US gov't.

My case is this: A student at UCLA 1999-2004 on a student visa, received a B2 in December of 2004 and used it for the first time in February 2005. Since all they grant you each time you enter is 6 months I stayed 5 months and 6 days from Feb until July 2005, returned to the US in mid August and stayed until Mid October= 2 months (was granted 6 months at each entry). Returned on the end of December 2005 and stayed until end of July 2006= 6 months (left 2 days before my 1-94 expired) and when I returned on August 1 2006 I was denied and had the option to voluntarily withdraw or be deported I assume. Hence I withdrew my application and have been seperated from my man ever since (he's been in Sweden but seeing each other every 6 months for 2 weeks just aint cutting it any more). So all in all I never pverstayed any 1-94 since I know what that can lead to and from the first time I used my B2 I spent 13 out of 18 months in the US. I guess this was too much.....???

[Cécy 44]

My case is this: A student at UCLA 1999-2004 on a student visa, received a B2 in December of 2004 and used it for the first time in February 2005. Since all they grant you each time you enter is 6 months I stayed 5 months and 6 days from Feb until July 2005, returned to the US in mid August and stayed until Mid October= 2 months (was granted 6 months at each entry). Returned on the end of December 2005 and stayed until end of July 2006= 6 months (left 2 days before my 1-94 expired) and when I returned on August 1 2006 I was denied and had the option to voluntarily withdraw or be deported I assume. Hence I withdrew my application and have been seperated from my man ever since (he's been in Sweden but seeing each other every 6 months for 2 weeks just aint cutting it any more). So all in all I never pverstayed any 1-94 since I know what that can lead to and from the first time I used my B2 I spent 13 out of 18 months in the US. I guess this was too much.....???

If I remember well the American Law states that you shouldn't be staying more than 6 months every 12 months in the US. You need to live a minimum of 6 month in your home country to prove residency in the eye of the American Government.

So you didn't technically overstayed, but you used your visa too much and too long in a 12 months time.

I have to say I'm surprised that the immigration let you in the second time in the same year after only a few months away. I had trouble getting back in after staying 5 months on a J1 visa, then 15 days on a B2 3 months later and then asking entrance almost 8 months after using my B2 again.

So I would say your case isn't too surprising... (by the way you had the option of asking for a visa extension of your B2 while still in the US...).

I don't know the solution to your problem, but I just wanted to give you an explanation on their denial.

Edited March 31, 2007 by Cécile

[Boiler 45,486]

My case is this: A student at UCLA 1999-2004 on a student visa, received a B2 in December of 2004 and used it for the first time in February 2005. Since all they grant you each time you enter is 6 months I stayed 5 months and 6 days from Feb until July 2005, returned to the US in mid August and stayed until Mid October= 2 months (was granted 6 months at each entry). Returned on the end of December 2005 and stayed until end of July 2006= 6 months (left 2 days before my 1-94 expired) and when I returned on August 1 2006 I was denied and had the option to voluntarily withdraw or be deported I assume. Hence I withdrew my application and have been seperated from my man ever since (he's been in Sweden but seeing each other every 6 months for 2 weeks just aint cutting it any more). So all in all I never pverstayed any 1-94 since I know what that can lead to and from the first time I used my B2 I spent 13 out of 18 months in the US. I guess this was too much.....???

If I remember well the American Law states that you shouldn't be staying more than 6 months every 12 months in the US. You need to live a minimum of 6 month in your home country to prove residency in the eye of the American Government.

So you didn't technically overstayed, but you used your visa too much and too long in a 12 months time.

I have to say I'm surprised that the immigration let you in the second time in the same year after only a few months away. I had trouble getting back in after staying 5 months on a J1 visa, then 15 days on a B2 3 months later and then asking entrance almost 8 months after using my B2 again.

So I would say your case isn't too surprising... (by the way you had the option of asking for a visa extension of your B2 while still in the US...).

I don't know the solution to your problem, but I just wanted to give you an explanation on their denial.

There is no such law, up to the POE.

You were seen to have abused the privilege, with that travel pattern not surprising.

It is a Visa for Visiting, not living in the US.

Withdrawing your application to enter should have no impact on your immigrant petition.

[themaskfamily 0]

My case is this: A student at UCLA 1999-2004 on a student visa, received a B2 in December of 2004 and used it for the first time in February 2005. Since all they grant you each time you enter is 6 months I stayed 5 months and 6 days from Feb until July 2005, returned to the US in mid August and stayed until Mid October= 2 months (was granted 6 months at each entry). Returned on the end of December 2005 and stayed until end of July 2006= 6 months (left 2 days before my 1-94 expired) and when I returned on August 1 2006 I was denied and had the option to voluntarily withdraw or be deported I assume. Hence I withdrew my application and have been seperated from my man ever since (he's been in Sweden but seeing each other every 6 months for 2 weeks just aint cutting it any more). So all in all I never pverstayed any 1-94 since I know what that can lead to and from the first time I used my B2 I spent 13 out of 18 months in the US. I guess this was too much.....???

If I remember well the American Law states that you shouldn't be staying more than 6 months every 12 months in the US. You need to live a minimum of 6 month in your home country to prove residency in the eye of the American Government.

So you didn't technically overstayed, but you used your visa too much and too long in a 12 months time.

I have to say I'm surprised that the immigration let you in the second time in the same year after only a few months away. I had trouble getting back in after staying 5 months on a J1 visa, then 15 days on a B2 3 months later and then asking entrance almost 8 months after using my B2 again.

So I would say your case isn't too surprising... (by the way you had the option of asking for a visa extension of your B2 while still in the US...).

I don't know the solution to your problem, but I just wanted to give you an explanation on their denial.

There is no such law, up to the POE.

You were seen to have abused the privilege, with that travel pattern not surprising.

It is a Visa for Visiting, not living in the US.

Withdrawing your application to enter should have no impact on your immigrant petition.

Thanks for all the replies. If I had known I was in any way abusing my privileges - obviously I wouldn't have. The B2 visa was recommended to me by a lawyer for my specific purpose and I have friends who are in the US on the same visa, for the same purpose, adviced by other immigration lawyers. However, doesn't really help when it clearly isn't the right kind of visa. I should have done my homework better and I'm paying for it now. Love is stronger than the USCIS though so hopefully I will do it right this time. This web page is awesome and I would like to thank everyone who's contributing to this great share of information and experiences. Cheeers!

[kitkat1 5]

Hi all you amazing souls on this webpage!!

Last fall I was denied at POE with my B2 visa. The immigration officers claimed I had overstayed my visa and I had to voluntarily remove my application to enter the US. I NEVER overstayed my 1-94 record and I had no idea there was a limit to the B2 visa. In total I used it for 13 out of 18 months from the first entry. Now me and my US bf are engaged and want to go ahead and apply for the K1. Do I have to apply for a waiver? The report from the incident claims I was inadmissible to the US under section 212 (a) (7) (A) (i) (I). Does anyone know what this actually means?

Appreciate any help!!!

The limit to your B2 was the amount of the time IO gave you when you entered and was written on your I-94.

What do you mean you used 13 of 18 months? Did the IO tell you you could stay in the US for 18 months? (Normal limit is 6)

You wouldn't need a waiver for the I-129F petition. If you needed one it would be upon denial at the visa interview. But denial of entry does not always mean you need a waiver. If you overstayed more than 180 days, you would need a waiver. What are the details of what happened?

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

Who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required

Thanks for your fast reply. I think I actually might have found the answer I hope on the insturctions for the 212 waiver which states people who where deported, removed or excluded more than a year ago can reapply for admission without the waiver as well as people who departed voluntarily without any cost to the US gov't.

My case is this: A student at UCLA 1999-2004 on a student visa, received a B2 in December of 2004 and used it for the first time in February 2005. Since all they grant you each time you enter is 6 months I stayed 5 months and 6 days from Feb until July 2005, returned to the US in mid August and stayed until Mid October= 2 months (was granted 6 months at each entry). Returned on the end of December 2005 and stayed until end of July 2006= 6 months (left 2 days before my 1-94 expired) and when I returned on August 1 2006 I was denied and had the option to voluntarily withdraw or be deported I assume. Hence I withdrew my application and have been seperated from my man ever since (he's been in Sweden but seeing each other every 6 months for 2 weeks just aint cutting it any more). So all in all I never pverstayed any 1-94 since I know what that can lead to and from the first time I used my B2 I spent 13 out of 18 months in the US. I guess this was too much.....???

There is no limit on how much you can use a visitor visa - as Boiler said, it's up to the IO at the POE. Given what you have written, I don't see why you would need a waiver on your K1.