please help

[Gina1992 0]

Hi I am in desperate need of guidance. My fiancee overstayed his work visa and returned to Guatemala to try and make things right. But, they found out he overstayed and now we have no idea what to do. We dont know what next steps to take or how a lawyer can help us. Has anyone gone through this?

Edited March 4, 2017 by Gina1992

[Boiler 45,940]

What work visa did he have, how long did he overstay?

[Gina1992 0]

He overstayed years, and I am finding out right now and will post asap

[David&Femke 91]

6 minutes ago, Gina1992 said:

Hi I am in desperate need of guidance. My fiancee overstayed his work visa and returned to Guatemala to try and make things right. But, they found out he overstayed and now we have no idea what to do. We dont know what next steps to take or how a lawyer can help us. Has anyone gone through this?

I had an overstay in the past on my ESTA, howerever this was only 1 day on record and was because of a diferents in the date.

I was able to get a B2 visa after this. even though I had the overstay.

I think that it really depents on how long the oversyay is though, how they look at it. if it is more then 6 months then that is a garenteed ban from the US.
Andy time shorter that that, they look at it case by case, end depending on that you can either get a diffreent visa or appay for a waiver why they should not count the overstay as a violation.

[Gina1992 0]

H2b

[David&Femke 91]

ooh i only just now see that he overstayd years, and he is not in the US anymore now, Im sorry to say but i dont think there is anything you can do now.
If your lucky, get a good lawyer and probve extreem hardship (if he has children in the US or something like that) then maybe. But I would not be to optemistic

[Boiler 45,940]

5 minutes ago, Gina1992 said:

H2b

So he probably has a 10 year ban and has not been out of the US for 10 years, Any other issues?

 

If you want to go the Fiancee route then you will also need a waiver, 1 601 for the illegal presence, quite doable.

 

Timeline, 15 to 18 months.

[Ben&Zian 4,398]

Definately will need a waiver. This will add time onto the process... that is if the waiver gets approved.

[David&Femke 91]

2 minutes ago, Boiler said:

So he probably has a 10 year ban and has not been out of the US for 10 years, Any other issues?

 

If you want to go the Fiancee route then you will also need a waiver, 1 601 for the illegal presence, quite doable.

 

Timeline, 15 to 18 months.

you can get the 10 year ban waived  withouth hardship?

[Gina1992 0]

Boiler, thank you for your advice. Is the next step for me is to fill out I 601 waiver? then apon approval he will be able to get Fiancee visa? What do you think my chances are of all this working out?

[Boiler 45,940]

1 minute ago, Gina1992 said:

Boiler, thank you for your advice. Is the next step for me is to fill out I 601 waiver? then apon approval he will be able to get Fiancee visa? What do you think my chances are of all this working out?

You have it back to front, first the petition then the interview and then the waiver.

 

Will you be employing a Lawyer?

[Gina1992 0]

Yes I will employ a lawyer.

[Boiler 45,940]

immigrate2us.net has a list of recommended waiver lawyers, does not need to be anybody local, Immigration is Federal.

 

People DIY but does require you to get up to speed and do a lot of research.

[Jawaree 718]

Go marry him then file a spousal v sa, he'll

require a waiver...get an atty to do the waiver