Do I need to file 601 waiver when I haven't been barred - applying for CR1

[Pressna 0]

This might be a silly/obvious question but I have read online (I know, not the best sources) somewhere that if you are out of status on an F1 visa without being deported and left before the expiry date of your visa you should still be fine moving forward to immigrant visa application (CR1 in my case). I wonder if that's true? I had stayed for a year but COVID played a big part in why I couldn't leave and later on I met my husband and got married immediately.

 

Second question is if I should file CR1 first or vice versa? I read the timeline of someone here they didn't file for i601 until their K1 was denied, and they received their K1 after waiver being approved. So I wonder if I should do the same. Thanks for everyone's reply in advance and thank you for ur help!

 

[SalishSea 17,801]

9 minutes ago, Pressna said:

This might be a silly/obvious question but I have read online (I know, not the best sources) somewhere that if you are out of status on an F1 visa without being deported and left before the expiry date of your visa you should still be fine moving forward to immigrant visa application (CR1 in my case). I wonder if that's true? I had stayed for a year but COVID played a big part in why I couldn't leave and later on I met my husband and got married immediately.

 

Second question is if I should file CR1 first or vice versa? I read the timeline of someone here they didn't file for i601 until their K1 was denied, and they received their K1 after waiver being approved. So I wonder if I should do the same. Thanks for everyone's reply in advance and thank you for ur help!

 

Your husband needs to petition you first.

 

As I understand it, you will apply for a waiver for your overstay-related bar at the immigrant visa interview.

 

How long was your overstay?

[Boiler 45,445]

Well you are probably looking at an IR1, the requirement for a I 601 is determined by the interviewer at the time of the Immigrant Visa interview.

[Pressna 0]

11 minutes ago, Jorgedig said:

Your husband needs to petition you first.

 

As I understand it, you will apply for a waiver for your overstay-related bar at the immigrant visa interview.

 

How long was your overstay?

Became out of status in 2021 December, wanted to leave in May, but left in January this year. I have flight confirmation showing I wanted to leave in May but that's the same month I met my husband.

[Boiler 45,445]

Not sure I understand the relevance of the flight conformation in May.

[SalishSea 17,801]

1 minute ago, Pressna said:

Became out of status in 2021 December, wanted to leave in May, but left in January this year. I have flight confirmation showing I wanted to leave in May but that's the same month I met my husband.

"Wanting to leave" or travel itineraries for flights you did not take are not relevant.

 

So, you will have a ten year bar for a >one year overstay.  Like Boiler said, you will find out at the visa interview if you can apply for a waiver.

[Pressna 0]

1 minute ago, Jorgedig said:

"Wanting to leave" or travel itineraries for flights you did not take are not relevant.

 

So, you will have a ten year bar for a >one year overstay.  Like Boiler said, you will find out at the visa interview if you can apply for a waiver.

Thank you for explaining. Are there scenarios where you won't be given a waiver? How does that usually happen?

[SalishSea 17,801]

28 minutes ago, Pressna said:

Thank you for explaining. Are there scenarios where you won't be given a waiver? How does that usually happen?

Actually, now I'm not sure, since you were on an F-1.  I know that the rules are somewhat different for F-1 visa holders.

 

@Boiler, do you know whether she would have a bar for that overstay?

Edited January 25, 2023 by Jorgedig

[Boiler 45,445]

26 minutes ago, Jorgedig said:

Actually, now I'm not sure, since you were on an F-1.  I know that the rules are somewhat different for F-1 visa holders.

 

@Boiler, do you know whether she would have a bar for that overstay?

I can not be certain either way. Too little information.

[Pressna 0]

4 minutes ago, Boiler said:

I can not be certain either way. Too little information.

What more information can I provide here? 🙏

[Rocio0010 5,579]

9 hours ago, Pressna said:

met my husband and got married immediately.

 

What’s the exact timeline for this?

[Redro 4,611]

8 hours ago, Pressna said:

What more information can I provide here? 🙏

When did you arrive in the US? 
when did your visa expire?

when did you leave school/ fall out of status? 
why did you not leave in May?- flights were cancelled or you wanted to get to know your husband better?

How soon after you met your husband did you get married? 
 

[Timona 4,207]

Go online on I-94 website and tell us when it was set to expire. That will be pivotal.

[Rocio0010 5,579]

13 minutes ago, Timona said:

Go online on I-94 website and tell us when it was set to expire. That will be pivotal.

So is the I-20

[Pressna 0]

My VPN isn't the best so I haven't been replying in this forum. Thanks to everyone that's been helping and responding.