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

