Please help

[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?

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

Thank you soo much...

[pushbrk 13,207]

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

Thank you soo much...

If you recall, my first question asked twice, was, "How long did he overstay?" I take it the most appropriate reply would have been "I don't know." That was the point of the question. You need to know how long he overstayed. Hopefully, we have your attention. The first step is to know the answer to that question. You may need an attorney to find out but will almost certainly need an attorney to deal with any waiver. Perhaps somebody hanging out in the waiver forum can give you some ideas on how to find out what USCIS has on record as his overstay.