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Full Version: Waivers for prior overstays
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

sam and nic
Does anybody else have any experience with filing after having overstayed in the US before?

My fiance had an overstay in 1997 and left willingly in January 2008. Our attorney told us that he should have been subject to the 3-year bar and shouldn't need a waiver as it's been ten years since it happened.

Now that I am looking at the forms they mention a waiver that you need to obtain in advance, but she told us this wouldn't be necessary. Any advice would be much appreciated!!!
YuAndDan
Waivers need to be filed at the request of the interviewing counselor officer, at the embassy or consulate.
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