OverStay

[Waiting88 0]

Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

Please let me know. I want some hope.

continuation.. We had filed for extention..

[Jason-Sasha 1]

Hmmmm.....well, if you're looking for honesty I'd say there's a small chance of approval. depending on the circumstances they may work around it. But that would be after a long thorough background check. They dont take too kindly to overstayed visas. Never been through that before so I cant really give you definitive answers. But from what I've seen in the past, its not good to have this on your record. Good luck.

[mox 298]

Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

Please let me know. I want some hope.

continuation.. We had filed for extention..

If your fiance is still in the country, stop what you're doing right now and get an immigration attorney. You have more potential options open to you while she's still here than if she leaves now. But don't put it off. The longer she overstays the harder it's going to be.

[Waiting88 0]

Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

Please let me know. I want some hope.

continuation.. We had filed for extention..

If your fiance is still in the country, stop what you're doing right now and get an immigration attorney. You have more potential options open to you while she's still here than if she leaves now. But don't put it off. The longer she overstays the harder it's going to be.

My fiance went back to the Philippines voluntarily. When he was here our lawyer had requested an extension for him to stay so that he can have his heart check. Our lawyer said he will prepare the waiver for us when we go to the interview. I just hope everything will turn out okay..This process is really killing me. Everyday I count the days and minutes...

[mox 298]

My fiance went back to the Philippines voluntarily. When he was here our lawyer had requested an extension for him to stay so that he can have his heart check. Our lawyer said he will prepare the waiver for us when we go to the interview. I just hope everything will turn out okay..This process is really killing me. Everyday I count the days and minutes...

So was the waiver approved, or was he actually in the country illegally at the time he left?

[Waiting88 0]

My fiance went back to the Philippines voluntarily. When he was here our lawyer had requested an extension for him to stay so that he can have his heart check. Our lawyer said he will prepare the waiver for us when we go to the interview. I just hope everything will turn out okay..This process is really killing me. Everyday I count the days and minutes...

So was the waiver approved, or was he actually in the country illegally at the time he left?

We have not fill out the waiver. The lawyer said once we go through the interview he will help us do the waiver. The lawyer said he did not overstay considering he filed for an extension...

[mox 298]

We have not fill out the waiver. The lawyer said once we go through the interview he will help us do the waiver. The lawyer said he did not overstay considering he filed for an extension...

So if he filed an extension, was the extension granted or denied?

[Waiting88 0]

We have not fill out the waiver. The lawyer said once we go through the interview he will help us do the waiver. The lawyer said he did not overstay considering he filed for an extension...

So if he filed an extension, was the extension granted or denied?

It was neither... The extension was filed but the dateline that USCIS had put in there were almost close to a deadline. So they didn't really bother to respond.. Is that bad?? Do you think the waiver will save us?

[cd1111 0]

Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

Please let me know. I want some hope.

continuation.. We had filed for extention..

I think it's late to ask for advice as your fiance is not here anymore. If he is considered an overstay, then he will need a waiver before a petition can be granted, however Manila has a very small approval rate in terms of waiver, so I do not know why your lawyer did not tell you about that. You could have gotten married here and his overstay would have been forgiven, and he could have just applied for an advanced parole so he could travel prior receiving his greencard. Anyway, it's too late now, so hopefully your plan works out. Just FYI, without proof of approved extension, he is then considered overstay.

Good luck!

~cd

[Waiting88 0]

Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

Please let me know. I want some hope.

continuation.. We had filed for extention..

I think it's late to ask for advice as your fiance is not here anymore. If he is considered an overstay, then he will need a waiver before a petition can be granted, however Manila has a very small approval rate in terms of waiver, so I do not know why your lawyer did not tell you about that. You could have gotten married here and his overstay would have been forgiven, and he could have just applied for an advanced parole so he could travel prior receiving his greencard. Anyway, it's too late now, so hopefully your plan works out. Just FYI, without proof of approved extension, he is then considered overstay.

Good luck!

~cd

I am getting depress over this... We have proof that we did file for an extension. He had to go back to the Philippines due to some family problems. We were talking what if this doesn't push through. What will be our next time? Should I go back and marry him in the Philippines? Will that be easier? I don't know what else to do? I can't imagine waiting for sooo long again. This process is killing me. I want him here..

[rebeccajo 14]

When did his visa run out?

When did he leave?

[Waiting88 0]

When did his visa run out?

When did he leave?

he came here on sept 05 left march 07. i'm super worred and stress. what should I do? Please help..

[rebeccajo 14]

Well, when did the visa expire?

If he overstayed by more than a year,he is subject to the 10 year bar.

Six months to one year - three year bar.

But he filed for an extension and it wasn't for a frivolous purpose.

Here's something pulled from Carl Shusterman's site (experienced immigration attorney).

http://www.shusterman.com/up-eos.html

The expiration of the visa is the date we need. Is it possible he overstayed less than 180 days?

Edited November 21, 2007 by rebeccajo

[Waiting88 0]

Well, when did the visa expire?

If he overstayed by more than a year,he is subject to the 10 year bar.

Six months to one year - three year bar.

But he filed for an extension and it wasn't for a frivolous purpose.

Here's something pulled from Carl Shusterman's site (experienced immigration attorney).

http://www.shusterman.com/up-eos.html

The expiration of the visa is the date we need. Is it possible he overstayed less than 180 days?

Well he was suppose to go back home on March of 06 but he overstayed and went back to the Philippines voluntarily on March 07. But they said they he did not over stay because they filed an extension.

[Waiting88 0]

Well, when did the visa expire?

If he overstayed by more than a year,he is subject to the 10 year bar.

Six months to one year - three year bar.

But he filed for an extension and it wasn't for a frivolous purpose.

Here's something pulled from Carl Shusterman's site (experienced immigration attorney).

http://www.shusterman.com/up-eos.html

The expiration of the visa is the date we need. Is it possible he overstayed less than 180 days?

Well he was suppose to go back home on March of 06 but he overstayed and went back to the Philippines voluntarily on March 07. But they said they he did not over stay because they filed an extension.

Is there any hope at all for us? I'm really stress. I don't know what else to do..