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  1. #1
    Join Date
    Sep 2006
    Posts
    1

    Default Visa Overstay

    I applied for a K-1 visa for my fiance' back in April of this year. We have had a few bumps the International Marriage Broker Act being the longest delay. But we finally made it to the interview in Bucharest, Romania. We were completely honest about his status when he was in the U.S., he had overstayed his visa by 5 years before returning home voluntarily due to an illness in the family (his mother). I had asked the USCIS several times if the overstay would be an issue and each time I was told no because he left of his own will and was not deported. However, when we got to the interview we were informed of Article 212 of the Immigration and Nationality Act which stuck him with a 10 year ban of re-entry into the U.S. After hearing this we weren't sure what to do and since I was there we went to the courthouse and got married. I am now in the process of filing for a spousal visa and was wondering if anyone could tell me what my chances are. I would really like to have my husband home soon. Please Help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Overstay

    You're going to have to petition to have the period of exclusion waived. For that, I strongly recommend that you at a bare minimum consult an immigration law firm, so you can identify the best arguments in favor of having the bar lifted.

  3. #3
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Visa Overstay

    When you husband attends the visa interview he will receive a ten year ban. You need to have the I-601 waiver form ready and have your letter ready when you go to the interview. The letter is written by the US citizen and needs to demonstrate the hardships you would encounter without your spouse. You will also need to provide back up documentation for all of your hardships. Strong hardships are: medical reasons, kids, cultural barriers (why the us citizen can not live in the spouse's home country), financial, etc. DO NOT write about the emotional hardships. . . that does not qualify for extreme hardship, which is what they are wanting to see. I just went through this process with my husband. If you need any help. . . email me.

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