Gaining LPR Status Based on Marriage After an Overstay
Hello,
I'm married to an USC and have been for almost 13 years.
We were married in the US after I entered the US on a visa waiver (no intention to marry till I got there-young and in love!). Long story short, I overstayed (2.5 years) and then moved to UK and have been living here ever since.
We are now looking to move back to the US and I am preparing for my interview (permanent residency) in June.
I know I am subject to a 10 year ineligibility to enter the US because of the overstay, and have indicated this on the DS2001 part 2 which I will bring with me.
I understand that I should be eligible for a waiver of this ineligibility as I'm married to a USC, however, my question is whether I will need to complete I 601 and pay the fee at the time of the interview? I have entered the US since the overstay, I applied for a holiday visa (b1 I think) and was given this without having to fill out the I 601 or pay the significant fee.
As it will soon be 10 years since I left the US (end of December) will this make any difference?
Any ideas?
Thanks
Colette
Re: Gaining LPR Status Based on Marriage After an Overstay
If you successfully obtained a visa, it may be that for some reason your unlawful presence or associated bar was not properly applied; if the ten years are about to expire, consider not kicking that sleeping dog and waiting until they're up. That would also eliminate the necessity of seeking a waiver. (How much time are we talking about?)
Re: Gaining LPR Status Based on Marriage After an Overstay
Hi Thanks for the reply.
I did discuss my overstay fully with the staff at the embassy at the time of applying for my holiday visa (in 2005) and they stated that a waiver could be granted for my overstay but never asked for any further information/forms to be filed or extra money. The application was referred to back to the States for approval, which was granted. It wasn't until I started looking into gaining LPR that I discovered thre is a form to apply for a waiver of ineligibility.
We have considered waiting till the end of the year (I left the US after my overstay on 26th Dec 2001) before we move back, however, my husband has a job waiting for him and needs to get back sooner rather than later and we are not prepared to separate the family.
I will see what happens in the interview as if they need me to file I 601 I'm sure they will let me know. I just wondered if it is something they always request or if there is a degree of discretion (as there seems to have been for the holiday visa). I'll just have to make sure I'm prepared and have the extra money with me!
Many thanks
Colette