Please help

[Waiting88 0]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

[pushbrk 12,894]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

[Waiting88 0]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

[pushbrk 12,894]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

[Waiting88 0]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

I guess 1 year and a couple of months. He got here on September 2005 and went back on March 2007. But they filed an extension for another 6 months.

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

I guess 1 year and a couple of months. He got here on September 2005 and went back on March 2007. But they filed an extension for another 6 months.

Sorry I'm not sure how long they filed for the extension. I don't know how long you are allowed for extension.

[pushbrk 12,894]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

I guess 1 year and a couple of months. He got here on September 2005 and went back on March 2007. But they filed an extension for another 6 months.

Overstays in excess of one year can incur a 10 year ban from the US. You need an attorney.

[Waiting88 0]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

I guess 1 year and a couple of months. He got here on September 2005 and went back on March 2007. But they filed an extension for another 6 months.

Overstays in excess of one year can incur a 10 year ban from the US. You need an attorney.

They had filed for extension because they wanted to have have his heart check up. He had this problem when he was a child and he had a surgery here in america when he was 3 or 4 yrs old. He has been going back and forth to the United States.

[pushbrk 12,894]

I filed my I-129F on July and received my NOA1 already. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. Please help me.

How long did he overstay and did he leave on his own?

He got here on September 2005 and left March 2007. Yes he left on his own.

How long did he overstay?

I guess 1 year and a couple of months. He got here on September 2005 and went back on March 2007. But they filed an extension for another 6 months.

Overstays in excess of one year can incur a 10 year ban from the US. You need an attorney.

They had filed for extension because they wanted to have have his heart check up. He had this problem when he was a child and he had a surgery here in america when he was 3 or 4 yrs old. He has been going back and forth to the United States.

Overstays in excess of one year can incur a 10 year ban from the US. You need an attorney with a gameplan to deal with this problem.

[Waiting88 0]

Why would the lawyer say there won't be a problem? Is there any forms that we need to fill out to get this clear? Anyone know?

Edited October 9, 2007 by Waiting88

[eau_xplain 2]

OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.

[Waiting88 0]

OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.

The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble?

[eau_xplain 2]

The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble?

If neither he nor you can determine whether USCIS did grant your fiance an extension, then perhaps it would be a good idea to have a lawyer look at all the documents/letters/communication that your fiance has. We cannot tell you if there is going to be a problem or not as we don't know what kind of response was required and what the effect of your fiance's failure to respond has on his legal stay in the US as a tourist.

[Dan J 277]

OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.

The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble?

It is possible to overcome overstay bans, but the process is much more difficult and of course, there is no guarantee that the wavier will be approved. You need to find out exactly how much of an overstay your fiance has on his record and talk to an attorney that is familiar with wavier processes.

[Waiting88 0]

OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.

The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble?

It is possible to overcome overstay bans, but the process is much more difficult and of course, there is no guarantee that the wavier will be approved. You need to find out exactly how much of an overstay your fiance has on his record and talk to an attorney that is familiar with wavier processes.

Do you know what waiver do we need? I was reading here that some fills out 601 waiver? Can you tell me what the 601 waiver is?

[Dan J 277]

OP, you need to determine for sure whether your fiance was given an extension and if the extension was for 6 months. Only when you get that info will you be able to determine if he is subject to a bar and will or will not have problems with the K1.

Overstay for less than 6 months is not subject to a bar from re-entry. Overstay for over 6 months but less than a year = 3 years bar. Over 1 year overstay is subject to 10 years bar.

The USCIS did send them a letter for the extension. However my fiance was suppose to respond within certain days but did not follow up... so does that mean we are in trouble?

It is possible to overcome overstay bans, but the process is much more difficult and of course, there is no guarantee that the wavier will be approved. You need to find out exactly how much of an overstay your fiance has on his record and talk to an attorney that is familiar with wavier processes.

Do you know what waiver do we need? I was reading here that some fills out 601 waiver? Can you tell me what the 601 waiver is?

Yeah thats the wavier. I'm not really familiar with it though. There is a forum farther down the list that is dedicated to wavier specific issues.

http://www.visajourney.com/forums/index.php?showforum=113