Hello,

I recently married in Toronto Canada. I have applied for K-3 visa in February, 2006. Currently, we have already mailed Packet 3, which the Montreal consulate told us that the application was completed on June 28th.

Currently, we are waiting for the Interview date. The letter states that it would be 2-4 months.

1. Can anyone give me an idea of when we may get the date?

On another note, my wife came to America when she was 13 years old. She came on vistor visa, which was valid for one year. Here is timeline.

1. Exact date of Arrival in USA: Dec 19, 1994
2. Exact date of departure from USA: Nov 2, 2000
3. My visa was from 16 OCt 1994 - 15 OCT 1995.
4. # of over stay days from 18 : 1 yr 2 months 16 days

My understanding is that overstay days count starts after the age of 18. She left on her own accord without any proceding.

1. Over stay count starts after you become 18 years old. Is this correct?


I understand that there is a possibility that we might need a waiver. Here are my questions.

1. Given that she is a minor during the overstay, never worked, already spent almost 6 years outside the state, do you think that the consular officer will ask for the waiver?

2. I was told that she might need 212 or 601 form. I thought that 212 is for folks who was removed or deported. Will it be a 212 or 601 or both.

3. Any helpful information would be appreciated.


Thank you in advance

I'll try to add what I know - hopefully someone who has been through the experience in Montreal can add more.

1) Overstay counting begins when you turn 18
2) Although you state that she was a minor, she did have 1 yr 2 months 16 days of overstay after the age of 18, correct?
3) If so, more than 6 months of overstay results in a 10 year ban. The 601 waiver is the correct waiver for an overstay. She will submit the 601 waiver along with a hardship letter that you write, explaining the hardships you would face if her visa is denied and you are required to relocate permanently to Canada.

Check out http://www.immigrate2us.net/forum/viewforu...ab2b90858c89872

for examples of hardship letters as well as lots of advice and support.

Good luck.