denied K1 after overstaying an F1

[Reflex 0]

My fiance lives in Amman Jordan and was in the US, came in on a visitor visa and changed it to an F1, he stayed for 4 years on the F1 visa. He only went to college for 2 semesters and did not like it so he quit school and stayed anyway. He was asked to leave 2 years later and he complied fully with that request. I applied for his k1 and he went through the interview and all was fine. Later he received word in the mail that he was denied (212g) and we were told we need to file an I-601-the waiver for inadmissability. Is this going to work? If he was overstaying his F1 for over a year is it true that he is barred from the US for 10 years? How long does the I-601 take to process and does it get approved often?

[Mr and Mrs Bird 0]

My fiance lives in Amman Jordan and was in the US, came in on a visitor visa and changed it to an F1, he stayed for 4 years on the F1 visa. He only went to college for 2 semesters and did not like it so he quit school and stayed anyway. He was asked to leave 2 years later and he complied fully with that request. I applied for his k1 and he went through the interview and all was fine. Later he received word in the mail that he was denied (212g) and we were told we need to file an I-601-the waiver for inadmissability. Is this going to work? If he was overstaying his F1 for over a year is it true that he is barred from the US for 10 years? How long does the I-601 take to process and does it get approved often?

I believe yes that his bar is 10 years. Depends on how many days he overstayed. But some here do have more experience in this.

I would strongly recommend you to hire a very good immigration lawyer to help you out with this waiver.

It's hard to say how long the process is, but can be a very long waitingtime if you are not doing this correct from the beginning.

I don't think there are any statistic of approvals or denials.

The only thing I can read from other people here in VJ is that there are certain countries that have to go through a more tough and longer process than other countries.

I wish you very good luck and hope that you will get better and correct answer than I can give you

[kitkat1 5]

Yes it's true he has a ten year bar for overstaying his F1 - he was illegally present in the US for more than 365 days. That's why he was denied.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Processing time depends on location - you need to fill in your timeline. Generally speaking you should plan on at least 6 months.

Approval depends on where you and filing and how strong your hardship letter and evidence is -- you, the USC, need prove extreme hardship to yourself if his visa is denied.

Start by consulting with a qualifed immigration attorney who is experienced in waivers. Then start researching. A few places to begin:

Guidelines for 601 Waiver:

http://www. family based immigration dot com/forum/waivers.php (all one word - the admin here won't allow this link to be posted)

I-601 Waivers and Extreme Hardship: Strategies for Writing a Convincing Narrative for an Application for Waiver of Grounds of Inadmissibility

Laurel Scott Esq. and Elizabeth Cannon

http://www.visacentral.net/I601Memo.pdf

All about waivers:

http://immigrate2us.net/forum/forumdisplay.php?f=5

[bszoom42 0]

you, the USC, need prove extreme hardship to yourself if his visa is denied.

good advice by kitkat1. If you are unable to prove the extreme hardship to the satisfaction of the immigration authorities, then your waiver will not be approved.

[blueblue 0]

He only went to college for 2 semesters and did not like it so he quit school and stayed anyway. He was asked to leave 2 years later and he complied fully with that request. I applied for his k1 and he went through the interview and all was fine.

What Kitkat wrote is generally correct. I would just like to add one point that may be worth looking into. Based on your post it is unclear if he actually overstayed or not. Was his F1 marked D/S? or did he have a specific date? There may be some leeway if it was for D/S (duration of status or stay?). In that case, he is not considered to have overstayed until CIS or an IJ declares that he is out of status. This seems to be what happened when he was 'asked to leave'. But if he complied with that and immediate or within the timeframe given actually left, then I don't believe he would actually have any time in overstay. If that were true, then he would not have a bar nor need to file a waiver.

I would recommend consulting with an immigration attorney and present to the attorney all the details on the F1 visa, when he left and the circumstances to see if there is any other interpretation.

Waivers for Jordan go Athens for adjudication. Recently they have been running about 6-8 months for review which is much better than the 12-18 months they were at 2 years ago. Their approval rate is hard to determine based on the few cases on the boards, but I would certainly recommend if you do end up filing the waiver through there that you make sure it is as solid as possible, with supporting evidence for every possible point in your hardship letter.

Edited August 19, 2007 by blueblue

[kitkat1 5]

I don't know much about F1s but if you check an university website they usually post the rules i.e.

Visa Overstay

Visa Overstay occurs in the following situations:

A student has failed to complete a program of study and has allowed his/her I-20 to expire.

A student interrupts/ceases a program of study and fails to depart the U.S. immediately (break periods and summer vacation are not considered to be an interruption of studies). A student has allowed the 60-day grace period to expire without having received a new I-20 to begin a new program of study or having submitted an application to DHS for Optional Practical Training or a change of visa status.

Consequences of Visa Overstay

Student is considered to have Violated Legal Status

The F-1 entry visa stamp is automatically void

All future U.S. entry visa applications must be made in the individual's home country

It may be extremely difficult to obtain future entry visas to enter the U.S.

Since he quit school and stayed, he appears to have a visa violation as well as an overstay. I didn't realize it was Jordan - a lot longer than 6 months as blueblue said.

[blueblue 0]

Here is a thread on a similar story. Of course, there may be some important differences that may exist which aren't apparent in what you have posted. This is why it is so important for you to seek a consultation with a good attorney familiar with waivers and overstay determination to get a better understanding of your options.

In this persons case, they were told to file a waiver, also in Jordan, because he was accused of overstaying his student visa. After waiting over 16+ months, the waiver came back saying it wasn't needed. He wasn't inadmissible.

So it is just a suggestion that you do your research and see what can be done to be sure they are not making another mistake with you.

http://britishexpats.com/forum/showthread.php?t=289777

[blueblue 0]

Here's the most important part of that thread:

Folinskyinla

Senior Member

Premium Member

Default Re: I-601 issue

Jonathan:

He mentions the age and the unlawful presence was after age 17. What I don't see is any event that would start the "clock" running insamuch as F-1's are "D/S".

In my experience, the ConOffs are pretty savvy on that issue. Especially by now.

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization

Hi:

I noticed your age. However, it seems from you posting that all of your "out-of-status" time was while you were here in F-1 student status. Without more, that would not invoke the 3/10 year overstay bars. So, I'm wondering if there is something missing from your narrative or did the Consular Officer make a mistake in the ground of refusal?

__________________

"Folinskyinla"

Certified Specialist

Immigration & Nationality Law

Calif. Bar Board of Legal Specialization