CR1 spouse visa with history of B1/B2 visa overstay

[pinkpaws 5]

Hi,

 

What are the chances of getting a CR1 spouse visa for someone who has a history of overstaying a B1/B2 tourist visa previously? Overstay is under (but close to) 180 days.

 

Thank you!

[Coco8 1,042]

They might ask you/her to fill in a waiver and it could take an extra 4-6 months to process. They will ask her to do it at the interview, if necessary. Whether the waiver is necessary depends on when the overstay was (how long ago) and how many days the overstay was. 

 

It is forgiven for spouses of US citizens, so no problem there. 

[pinkpaws 5]

Hi, thanks for replying!

 

The overstay was for last year and was for 5 months so just under 180 days. Do you think that will be an issue and will they require an immigration lawyer to file the waiver?

[pinkpaws 5]

7 minutes ago, Coco8 said:

They might ask you/her to fill in a waiver and it could take an extra 4-6 months to process. They will ask her to do it at the interview, if necessary. Whether the waiver is necessary depends on when the overstay was (how long ago) and how many days the overstay was. 

 

It is forgiven for spouses of US citizens, so no problem there. 

Also, what does it mean that it is forgiven for spouses of US citizens? I was under the impression that overstays are forgiven for spouses of US citizens (living in the US) doing the AOS. Does it also apply for US citizens living abroad seeking to do the spouse visa?

 

Thanks!

[Coco8 1,042]

2 minutes ago, pinkpaws said:

Also, what does it mean that it is forgiven for spouses of US citizens? I was under the impression that overstays are forgiven for spouses of US citizens (living in the US) doing the AOS. Does it also apply for US citizens living abroad seeking to do the spouse visa?

 

Thanks!

 

Yes, when I was saying "forgiven" I meant because the person has the opportunity to file a waiver and they are usually accepted. 

 

If you are in the US filing through AOS they are just overlooked, without the need of doing a waiver.

 

It does not matter where the USC spouse is living.

 

 

 

Edited July 10, 2017 by Coco8

[pinkpaws 5]

Gotcha, thanks Coco8!

[aleful 1,905]

for less than 6 months there is no need for a waiver, between 6 months to a year of overstay, there is a 3 year ban

 

I don't think  you'll need one, but it will depend on the officer