ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Brazilian illegal in US wants to wed US citizen

Hi. First, thank you for everyone who uses this site. It's great! And forgive me if I am posting this in the wrong place - this is my first time joining any kind of forum. And forgive me if anyone has asked a similar question, but I could not find anything like my situation (although I'm sure I just didn't look long enough :-)).

I have been dating my boyfriend for roughly 1 year. I am a US citizen. He is from Brazil & came to the US illegally (via Mexico) and has been here for 3 years. We want to get married and are not sure if we should try for the fiance visa or spouse visa I am worried that the government/consulate will find out that he has been in the US illegally and will bar him for 10 years. He aquired a tax id # & driver's license in the US (license has since expired). When getting his license somehow a authorization form to work in the US was filed in his name.

I assume either visa we apply for we will have to do the waiver, but does anyone have any suggestions on what is the best thing to do? I have spoken to so many lawyers & they each give me a different answer. Should we do the fiance visa? Spouse visa? If we marry, is it better to marry in the US, Brazil, another country?

Also, I read on one of the postings that someone told the truth on their forms - that they stayed in the US illegally after their visa expired - and they were approved the visa. Is it better to "lie" of tell the truth?

Sorry for the long post. I'm just so overwhelmed! Thanks in advance to all!

Nicole & Wilson

Looks like you have your cake and maybe will be able to "eat it" too.
LOTS of us had to do the process while separated for long distances and long periods of time.
To me your man is here illegally and should be deported and banned.
!

Why r people so bitter!! The girl is in love and trying to find a way that she can be with her faince.. its great that you did the long process and got what you wanted but for god sake listen to yourself!!
Annie+MikeFemaleIreland2007-07-21 08:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 denied

Hi everyone---
I just wanted to say hi to everyone and to meet some people on here who may be in a similiar situation and who might be able to give me some advice..
I recently was denied my k-1 visa and banned from the states for 10 years!! My fiance is american and in 2002-2004 I overstayed a visa- I had origionally thought that I would have been banned for 3 years but much to my surprise on Thursday a CO in dublin took my fingerprints- told me I was banned for 10 yrs and not to try and enter the states!!
He did say that I was eligable to apply for an I 601 but to me it really seems like a shot in the dark!! Has anyone on here been granted a waiver and under what circumstances??


I was denied too and should go through the I-601 thing. My reason was a very old conviction.
You should start right away to file this because it can be a very long waitingtime. :(

so sorry to hear that-- it really sucks- did you get any help in fining your I-601?? Have you gotten a response as of yet?? We are just trying to make our case as strong as possible but it seems that unless you have really harsh circumstance that you can forget it??
Annie+MikeFemaleIreland2007-07-23 11:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 denied
Hi everyone---
I just wanted to say hi to everyone and to meet some people on here who may be in a similiar situation and who might be able to give me some advice..
I recently was denied my k-1 visa and banned from the states for 10 years!! My fiance is american and in 2002-2004 I overstayed a visa- I had origionally thought that I would have been banned for 3 years but much to my surprise on Thursday a CO in dublin took my fingerprints- told me I was banned for 10 yrs and not to try and enter the states!!
He did say that I was eligable to apply for an I 601 but to me it really seems like a shot in the dark!! Has anyone on here been granted a waiver and under what circumstances??
Annie+MikeFemaleIreland2007-07-21 08:17:00
United KingdomFYI
CONGRATS... U LUCKY DUCK

: :thumbs: :thumbs: :thumbs: HELLO all you nice ppl,

well thats me home, got the overnight bus and arrived back in glasgow at 6.30 ........ still cant believe it i have my visa, well not in hand but hopefully soon.



just thought id share some stuff with you lot still going to london..... on oxford st there is a very fancy loo, its called WC1 just passed bond st underground. for £1 you can go in and freshen up, have a wash and use their smelly stuff. for£5 you can get a mini make over or a hand massage.... just the thing to ease the tension dont know if u guys can get in, but i dont see why not. give it a try, its great. A couple of doors down there is a place that does passport fotos, to the exact requirements for the US embassy. I forgot to take mine :wacko: :wacko: and went in there very nice and it only took minutes Price £10. 95 for 2.

when i came out of embassy i came back down duke st, there is nice pub on the corner cant remember name :whistle: :whistle: where i treated myself to lunch and a glass of wine :thumbs: :thumbs: great club sandwich so give it a go.....

hope this is useful happy 4th july :thumbs: :thumbs: :dance: :dance: :dance: :dance: :dance:


Annie+MikeFemaleIreland2007-07-04 11:15:00
US Embassy and Consulate DiscussionForms !!!
:help:

Hi everyone, This is my first time posting on this site- I am in the process of applying for a K-1 Visa
Presently I have recieved documents from the US embassy in Dublin and am told to Fill out the DS-230 and send it off to them as soon as possible...
:blink: The only thing is that I have visited my fiancee on a number of times, have had J1 Visa's and have overstayed a holiday 90 day visa in the states ;)
I have lost my passport though and am not 100% sure of dates of entry or exit to the states.. does anyone have any words of advise for me- also does anyone know A time frame of how ling the process should be from here?
I would really appreciate any guidance anyone can give me.. :blush:
Looking forward to someone, anyone Please!!
Annie+MikeFemaleIreland2007-04-21 09:26:00
US Embassy and Consulate DiscussionInterview with embassy!!!
Hi everyone-
I have just recieved my interview date with the us embassy in dublin it is for 2 weeks time and I am really nervous- does anyone have any advise for me- I have previously overstayed my visa in the states by 362 days but have not attempted to return to the states in over 3 three years :blush: Has anyone in been in a similiar situation???
I would really really appreciate any :help: r advise that you can give me Please :(

Annie

Annie+MikeFemaleIreland2007-06-13 12:03:00
US Embassy and Consulate DiscussionPolice Report in the USA
My Fiance has her interview date with the Irish Embassy next Tuesday and she was double checking her forms when she noticed that it says she needs a Police Certificate from the town she lived in the USA since she was there for more than a year. She did overstay her visa now and I cant find any information and the Police Department i called doesnt know anything either. Any info would be helpful. Thanks, Mike

Edited by Annie+Mike, 18 June 2007 - 10:04 AM.

Annie+MikeFemaleIreland2007-06-18 10:03:00
US Embassy and Consulate DiscussionForms for K-1 Visa

ON THE DS 157 IT ASKS HAVE YOU MADE SPECIFIC TRAVEL ARRANGEMENTS--- DO YOU KNOW WHAT THIS MEANS???
:hehe:


Have you bought airplane tickets?

YA BUT TO WHERE?? IS IT TO TRAVEL TO THE US IF I GET THE VISA OR ALL THE AIRLINE TICKETS i HAVE EVER PURCHASED!! SORRY FOR ALL THE QUESTIONS
Annie+MikeFemaleIreland2007-06-27 10:16:00
US Embassy and Consulate DiscussionForms for K-1 Visa

ON THE DS 157 IT ASKS HAVE YOU MADE SPECIFIC TRAVEL ARRANGEMENTS--- DO YOU KNOW WHAT THIS MEANS???
:hehe:

thanks so much- yes my fiance has filed the I 129f form in the states that was in april of this year- i got my interview for 26 june, it has just been a night mare so far as our lawyer that we hired never sent in our documents so we have been trying to do this ourselves :unsure: .. i did ger sone forms from the embassy detailing medical, police certs and all of that- i also completed ds-230 part one as the requested- i am soo worried at the moment- your help is really appreciated!
Thank you!!

Your fiancee did file I-129F to the USCIS and it has been processed? You may want to do a timeline to give us a better understanding.

K-1 will need DS-156 (2 copies) and DS-156K, as well as perhaps DS-157 (2 copies)

SEE:

http://travel.state....forms_1342.html
http://travel.state....types_2994.html


Note DS-156 is an online form that generates a unique barcode on page 3, just print this out twice.


Annie+MikeFemaleIreland2007-06-27 09:54:00
US Embassy and Consulate DiscussionForms for K-1 Visa
thanks so much- yes my fiance has filed the I 129f form in the states that was in april of this year- i got my interview for 26 june, it has just been a night mare so far as our lawyer that we hired never sent in our documents so we have been trying to do this ourselves :unsure: .. i did ger sone forms from the embassy detailing medical, police certs and all of that- i also completed ds-230 part one as the requested- i am soo worried at the moment- your help is really appreciated!
Thank you!!

Your fiancee did file I-129F to the USCIS and it has been processed? You may want to do a timeline to give us a better understanding.

K-1 will need DS-156 (2 copies) and DS-156K, as well as perhaps DS-157 (2 copies)

SEE:

http://travel.state....forms_1342.html
http://travel.state....types_2994.html


Note DS-156 is an online form that generates a unique barcode on page 3, just print this out twice.


Annie+MikeFemaleIreland2007-06-27 09:34:00
US Embassy and Consulate DiscussionForms for K-1 Visa
:help:
Hi Please is there anyone out there who can advise me-- I was in the US embassy in Dublin yesterday and it was horrible!!!
I went up thinking that I had every form that I needed filled out and when I got to the counter the gentleman asked me where my DS-156 was! I just froze! :crying: he was really nice and gave me the opportunity to go to a hotel to fill it out but there systems were down and to make a long story short I had to reschedule my interview for Monday 2 July.
I would really appreciate it if some one could please list off the forms that I need to have completed for this visa...
Currently I have:
my police certs, medical info,
DS 230, G 325, BIRTH CERT,
AFFIDAVID OF SPPORT, PROOF OF REALTIONSHIP.
I now know that I also need the DS 156 is there anything else that I need
Please I would really appreciate any help!!!!
:unsure: :unsure:
Annie+MikeFemaleIreland2007-06-27 08:52:00
US Embassy and Consulate DiscussionDS 158
that is me-- ya i was posting about the k-1 visa- i am still in the middle of doing up all the forms that i "THINK" that i need for monday- u see when the embassy sent out my interview letter at the end of it there was encl. packet 4-- but nothing arrived with the package and when I rang them up to ask them about it they told me that there was nothing supposed to come with the letter-- so I got such a landon tue when I went up and realised that I had not filled out some forms-- sooo I went onto visajourney and got a list of all the forms associated with the k-1 and am now in the process of completing all of them regardless of whether i need them or not-- to be honest i am unsure about my time line- i know that we started submitting paperwork in january this year. also i found that a date is wrong on one of the foems that I submitted so I am redoing that and hopefully they will acccept it on monday-- that u think???

Hmm... I never had to fill out a DS-158, hadn't even heard of it (just looked it up on the Department of State's website though, and it looks to me like you do need to fill in your parents' & siblings' addresses, wherever they are) - maybe someone else knows more and can help. :)

But where are you in the process? Weren't you posting about your interview in the K-1 forum the other day? (Could you fill out a timeline, it'll help people know what stage you're at so they can give better answers!)

Hopefully someone will come along who knows about this mysterious DS-158... but I'm moving this to the foreign consulate & embassy forum, as I'm pretty sure that's where it belongs! :)


Annie+MikeFemaleIreland2007-06-29 09:09:00
US Embassy and Consulate DiscussionDS 158
HI---
i AM FILLING OUT MY DS 158 AT THE MOMENT-- I AM JUST WONDERING IN THE SPACE WHERE IT SAYS
6. Full Names and Addresses of Children, Parents, and Siblings (Postal box numbers are unacceptable.)

DO I NEED TO GIVE MY PARENTS AND SIBLINGS ADDRESS IN IRELAND OR IS IT ONLY IF THEY R RESIDING IN THE STATES???
:blink:
Annie+MikeFemaleIreland2007-06-29 08:41:00
US Embassy and Consulate DiscussionDS-156: Question 32

hello VJ members

what would be the appropriate answer in DS-156: Question 32 for K1 Visa?

tnx. God bless u all :D


Hi-- if you go up to the example documents on visa journey they are a great help when filling out the forms- I clicked on the YES box and put employer unknown at present in the box below--
Good luck
Annie+MikeFemaleIreland2007-06-30 09:09:00
US Embassy and Consulate DiscussionINTERVIEW
ACTUALLY JUST DID THE CALCULATIONS AGAIN AND I OVERSTAYED BY 363 DAYS!!!SOOOOO WHAT U THINK???

HI-- THANKS FOR YOUR POST--
I ENTERED THE STATES ON 7 NOV 2002 AND LEFT IT ON 3 FEB 2004 SO THAT GIVES ME 426 DAYS IN TOTAL IN THE COUNTRY. SO IF I TAKE THE 90 DAY AUTOMATIC ENRTY VISA AWAY FROM THAT I GET 336 DAYS THAT I OVERSTAYED MY VISA BY. I HAVE NOT ATTEMPTED TO ENTER THE COUNTRY SINCE THAT DATE-- SO IF I CAN FIND ALL THE RELEVENT DOCUMENTATION TO SUPPORT THIS I SHOULD BE OK RIGHT???? :(

A waiver will be needed.


Not if they can show the overstay was less than 1 year. It has already been more than 3 years since they left.


Annie+MikeFemaleIreland2007-07-04 11:12:00
US Embassy and Consulate DiscussionINTERVIEW
HI-- THANKS FOR YOUR POST--
I ENTERED THE STATES ON 7 NOV 2002 AND LEFT IT ON 3 FEB 2004 SO THAT GIVES ME 426 DAYS IN TOTAL IN THE COUNTRY. SO IF I TAKE THE 90 DAY AUTOMATIC ENRTY VISA AWAY FROM THAT I GET 336 DAYS THAT I OVERSTAYED MY VISA BY. I HAVE NOT ATTEMPTED TO ENTER THE COUNTRY SINCE THAT DATE-- SO IF I CAN FIND ALL THE RELEVENT DOCUMENTATION TO SUPPORT THIS I SHOULD BE OK RIGHT???? :(

A waiver will be needed.


Not if they can show the overstay was less than 1 year. It has already been more than 3 years since they left.


Annie+MikeFemaleIreland2007-07-04 11:07:00
US Embassy and Consulate DiscussionINTERVIEW
Hi- I am located in Killarney and at the moment am demented with trying to get paper work together to prove the entry and exit dates.
I have gotten a copy of the ticket that I purchased from the travel adgent for entering the country on 7th nov 2002 and am not going through so much red tape with trying to get my it on paper about my return date on 3feb 2004-- this is such a night mare- they were really horrible up at the embassy- have not slept really at all with all of the worry :wacko: it is just horrible

I am sorry to hear about your trouble. I am also a little worried about this happening as I overstayed my F-1 student visa by a couple of months so as I could stay with my fiance longer. I know that I had 60 days of extended stay as a freebe with the visa, but I ended up staying for 120 days. (Visa ended early May 2005 with extended stay until early July, I stayed until the start of Sept).

I'm also applying for the actual visa at Dublin, as we relocated here from the UK last year. I guess I should contact my bank in the UK and get statements for the period of time I was in the States, the record of my paying for my flight home and records of withdrawls when I came home. Hopefully that will be okay to prove that I came back. I'm a little worried with regards to the three year ban as that won't expire until next Sept.

Good luck with getting it sorted out. Where are you located, btw? We're in Cork.


Annie+MikeFemaleIreland2007-07-04 11:00:00
US Embassy and Consulate DiscussionINTERVIEW

WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-
I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA
I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD
OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG
SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW
HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???
HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA :crying: CAN SOMEONE PLEAS HELP ME!!


An overstay of 180+ days gets a 3 year ban. An overstay of 1 year gets a 10 year ban. I imagine they are attempting to determine which ban to impose. If it's the 3 year ban, it is already over. If it's the 10 year ban, you will be denied the visa and will need to apply for a waiver that may or may not be granted. How long was your authorized stay when you overstayed?

My 3 year ban is allready over and now legal to go into the states. I just have to prove that it was 3 years.
Annie+MikeFemaleIreland2007-07-02 09:53:00
US Embassy and Consulate DiscussionINTERVIEW
WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-
I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA
I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD
OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG
SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW
HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???
HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA :crying: CAN SOMEONE PLEAS HELP ME!!
Annie+MikeFemaleIreland2007-07-02 09:40:00
US Embassy and Consulate DiscussionThird time a charm!!
Hey guys well here I am in Dublin AGAIN....
Up to the Embassy again for the 3rd time and hopefully this time I will have some results-- i have to prove entry and exit dates from the states which included me re tracting airline tickets from 3 1/2 years ago... what a nightmare!! anyway I have eventually gotten them so along with some letters of support from various people I am just praying that me result today will be positive... Please everyone keep everythin crossed for me!! Will let you know how I get on..
Annie+ Mike :unsure:
Annie+MikeFemaleIreland2007-07-19 05:26:00
US Embassy and Consulate DiscussionDENIED!!!

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information :unsure:
In hindsight perhaps we should have gotten another lawyer..


Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).




Well there is use addressed the lawyer issue if he's guilty of malpractice, in which case, you may be able to recoup your money or perhaps more importantly, protect other unknowing clients from being harmed by his negligent legal work. Report him to the state bar at once.

And we're still missing facts here I think - I can't figure out how long you thought you could stay or when you started counting 90 days from or after, etc . . . .

I entered the stated on 7th November 2002- at that time I was on a 90 day holiday visa that all europeans get which would have allowed me to be in the states Legally until 6th february 2003-
I didn't leave the states until 3rd february 2004 which means that I overstayed by 362 days. However the embassy are including the 90 days in their calculations which puts me being in the states for 452 days.. Is this any clearer for you??
ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike
Annie+MikeFemaleIreland2007-07-21 07:53:00
US Embassy and Consulate DiscussionDENIED!!!

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information :unsure:
In hindsight perhaps we should have gotten another lawyer..


Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike
Annie+MikeFemaleIreland2007-07-20 12:47:00
US Embassy and Consulate DiscussionDENIED!!!

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information :unsure:
In hindsight perhaps we should have gotten another lawyer..
Annie+MikeFemaleIreland2007-07-20 12:38:00
US Embassy and Consulate DiscussionDENIED!!!

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.


Yes but in all honesty it is a little crappy when I overstayed to be with my future husband!! We have our secure relationship and now we cannot set up a future together in the US!! We will be married for god sake.. to be honest I think that it is BS.. The only thing that I did was fall in love! I have no convictions or character flaws and there are no hard and fast rules when it comes to love!
Think some humanity would be nice :angry:
Annie+MikeFemaleIreland2007-07-20 12:28:00
US Embassy and Consulate DiscussionDENIED!!!

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.



yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.
Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?
Am I wrong???


So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?


Yes I went up to them yesterday with all of the information that I had gotten from Aerlingus-- they say that it is a 10 year ban-- To be honest I am in chock and still confused!


had you ever overstayed, even for just a few days, besides this one time? Overstays are cumulative--you don't just count the longest overstay, you add them together.


No this is the only time that I over stayed :blush:
Annie+MikeFemaleIreland2007-07-20 12:19:00
US Embassy and Consulate DiscussionDENIED!!!

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.



yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.
Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?
Am I wrong???
Annie+MikeFemaleIreland2007-07-19 10:24:00
US Embassy and Consulate DiscussionDENIED!!!
Well as the title suggests I got denied my visa stated that I had overstayed! I assumed that every person had a 90 day amnesty and that the overstaying started on the 91st day!!
Anyway I just got told that I am banned from the states for 10 years!!!
He did give me a I-601 form for a waiver-- does anyone know about this process and how successful it is??
PLEASE HELP!!!! :crying:
Annie+MikeFemaleIreland2007-07-19 09:22:00
US Embassy and Consulate DiscussionQuestion re: vacation in states
Hi Guys,

This may be a really silly question but I said that I would put it out there anyway. blush.gif I applied for a k-1 visa and was denied due to an overstay. The US Embassy stated that I have a 10 yr ban. Since then I have married my fiance and we are appealing the Embassy decision.
My question is- My husbands brother is getting married next Sept. Is there anyway that I can apply to the embassy to see if they can grant me a waiver for a week so that I can attend the wedding?
Anybody? headbonk.gif
Annie+MikeFemaleIreland2008-01-27 15:17:00
Removing Conditions on Residency General DiscussionTravelling outside of USA
HI Everyone :D,

Just a general question in relation to traveling outside of the USA while being processed.
Currently I am being processed at the Vermont center in relation to lifting restrictions on my status here in the USA- I filed this on June 13 2011 and am planning on returning home for the Christmas holidays.

I am just wondering if you know if it is ok to do this if I have not heard anything from the immigration center??? Will I be allowed back into the country or do you think I will have trouble???

Any info shared would be appreciated
:clock:
Annie+MikeFemaleIreland2011-11-18 12:47:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsUPDATE AND THANK YOU!!
HI ALL

ITS ME AGAIN-- I JUST WANTED TO THANK EVERYONE WHO HAS HELPED ME IN MY PANIC TODAY-- YOU ARE SOOO NICE AND HELPFUL. SO BELOW IS A LIST OF WHAT FORMS I COMPLETED TODAY;
DS 156- 2 COPIES
DS 156K 2 COPIES
DS 157 2 COPIES

I HAVE COMPLETED:
DS 230
G 325 A

MY FIANCE HAS COMPLETED
I 129F
G25A
AFFIDAVID OF SUPPORT

I HAVE MY BIRTH CERT, POLICE CERT AND DOCUMENTS TO SUPPORT RELATIONSHIP..
DOES ANYONE KNOW ANY THING ELSE THAT I MIGHT NEED..
I AM CURRENTLY DOING THE
DS 158
oHHH THE STRESS! ;)
Annie+MikeFemaleIreland2007-06-27 10:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExtention of CR-1??
QUOTE (imaisha @ Jun 2 2009, 01:02 PM) <{POST_SNAPBACK}>
QUOTE (Annie+Mike @ Jun 2 2009, 01:52 PM) <{POST_SNAPBACK}>
QUOTE (imaisha @ Jun 2 2009, 12:50 PM) <{POST_SNAPBACK}>
If it's CR-1 (rather than a K-1 like your profile says) why don't you enter before then, get the I-551 stamp and then go back to Ireland? Once you have the stamp you can travel freely and you'll probably save on shipping costs- two trips, two chances to bring things over in your suitcases!



wow thats great-- thanks so much for the info-- where do I get teh I-551 stamp? at immigration at the airport?? is that time limited??? thanks for the info sooo helpful


yes that's the stamp that you get when you go through immigration at the airport. they'll take your brown envelope, process you, stamp the passport and then you'll officially be a permanent resident. it's meant to act as your green card until you get the physical one in the mail. i think the stamp will be valid for a year (even though your conditional residency is for 2 years).


Thanks sooo much I really appreciate it!! that is great to know-- roll on the wedding and the states yahoo!!! biggrin.gif

Annie+MikeFemaleIreland2009-06-02 13:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExtention of CR-1??
QUOTE (imaisha @ Jun 2 2009, 12:50 PM) <{POST_SNAPBACK}>
If it's CR-1 (rather than a K-1 like your profile says) why don't you enter before then, get the I-551 stamp and then go back to Ireland? Once you have the stamp you can travel freely and you'll probably save on shipping costs- two trips, two chances to bring things over in your suitcases!



wow thats great-- thanks so much for the info-- where do I get teh I-551 stamp? at immigration at the airport?? is that time limited??? thanks for the info sooo helpful
Annie+MikeFemaleIreland2009-06-02 12:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExtention of CR-1??
QUOTE (100% Al Ahly Fan @ Jun 2 2009, 12:37 PM) <{POST_SNAPBACK}>
QUOTE (Annie+Mike @ Jun 2 2009, 12:34 PM) <{POST_SNAPBACK}>
Hi Guys--
I got my CR-1 Visa YEAH!!!! It is great news-- only prob is that it says I have to be into the states by nov 7th 09- my sisters wedding 2 days before and I do not want to make her wedding all about me leaving- Does anyone know is it possible to extend the visa so I could enter later on??

I would appreciate any feedback wacko.gif
Annie



Sorry, I don't know the answer, but congrats on the Visa!!!




Wow that was quick-- thanks anyway- am over the moon- just dont wanna do anything to jeprodise it now tongue_ss.gif

QUOTE (gogo @ Jun 2 2009, 12:41 PM) <{POST_SNAPBACK}>
can I buy the visa from you if you aren't going to use it? wacko.gif some of us have been waiting a long time for one.. don't let it go to waste..


Oh God NO!!!! have fought long and hard for it!!!
Annie+MikeFemaleIreland2009-06-02 12:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresExtention of CR-1??
Hi Guys--
I got my CR-1 Visa YEAH!!!! It is great news-- only prob is that it says I have to be into the states by nov 7th 09- my sisters wedding 2 days before and I do not want to make her wedding all about me leaving- Does anyone know is it possible to extend the visa so I could enter later on??

I would appreciate any feedback wacko.gif
Annie
Annie+MikeFemaleIreland2009-06-02 12:34:00
K-1 Fiance(e) Visa Process & ProceduresConfused
Oh ok- Thanks for that-
Wil wait the 6 mths and file the I-130 form and file with ucsis for the K-3.
Thanks a milion good.gif
Annie+MikeFemaleIreland2008-01-07 12:55:00
K-1 Fiance(e) Visa Process & ProceduresConfused
Thank you all so much for your information and support-
so as far as I understand it I should ask the US Embassy to ignore the present I-601 which is attached to the fiance visa- wait for 6 mths and file a K-3 visa as well as the I-601 at the same time??
Annie+MikeFemaleIreland2008-01-07 11:13:00
K-1 Fiance(e) Visa Process & ProceduresConfused
QUOTE (shannon65 @ Jan 7 2008, 08:26 AM) <{POST_SNAPBACK}>
I think you need an I-601 waiver to overcome the 10-year ban. It's a waiver of inadmissibility in which the US citizen has to prove "extreme hardship" of living in the alien's country. Someone correct me if I'm wrong, please. but I believe if you get married it invalidates K-1 visas or any appeals of denials of K-1s, as they are only for fiances. You might want to consult a lawyer, I-160s are not that simple.





At present i think that it is the I-601 that we have filed I was just confused as to whether the fact that we got married meant that that form was null and void and that there was a different form we needed to fill our as a result.
Annie+MikeFemaleIreland2008-01-07 07:45:00
K-1 Fiance(e) Visa Process & ProceduresConfused
Hi I was wondering if anyone here could assist me.
I am from Ireland and origionally filed for a K-1 fiance visa- this was denied as I had overstayed when I was in the states and they informed me that I have a 10 year ban. I am appealing this decision, however in the mean time my fiance and I have got married and he is now in Ireland.

My query is does the appeal for the K-1 still stand or do we now have to fill out a load of different paperwork??
I would be grateful for any information.

blush.gif
Annie+MikeFemaleIreland2008-01-07 06:58:00