VisaJourney.com > Fiance was in USA overstayed

patient1

Dec 31 2006, 01:49 AM

My fiance was in the USA for several years and over stayed. He Volentary went back to his country. We have been approved and waiting for the interview my question is will we have a problem with this during his interview?? I have heard that this could be a problem anyone have information of this issue.If so please share.

QUOTE(patient1 @ Dec 31 2006, 02:47 AM)

My fiance was in the USA for several years and over stayed. He Volentary went back to his country. We have been approved and waiting for the interview my question is will we have a problem with this during his interview?? I have heard that this could be a problem anyone have information of this issue.If so please share.

Let me add we filed the fiance visa..was approved and sent to embassey in his country we are just waiting the interview.

kitkat1

Dec 31 2006, 11:11 AM

Illegal presence in the US of over 180 days = a 3 year ban, over 365 days = 10 year ban. Both bans can be waived with a 601 waiver. His visa will be denied due to the illegal presence and if he is eligible, he will be told that he can file a 601 waiver. Along with the waiver you, as the USC, will need to provide a letter of proving "extreme hardship" to you if his visa is denied and you are forced to relocated permanently to his country. The letter needs to provide evidence and documentation.

Start with the 601 forum on immigrate2us.net for more information on the letter.

Read the Algeria embassy website for more on waivers:

http://algeria.usembassy.gov/visas_k.html:

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Overstaying a previous visa

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

patient1

Jan 3 2007, 09:16 PM

QUOTE(kitkat1 @ Dec 31 2006, 10:11 AM)

Illegal presence in the US of over 180 days = a 3 year ban, over 365 days = 10 year ban. Both bans can be waived with a 601 waiver. His visa will be denied due to the illegal presence and if he is eligible, he will be told that he can file a 601 waiver. Along with the waiver you, as the USC, will need to provide a letter of proving "extreme hardship" to you if his visa is denied and you are forced to relocated permanently to his country. The letter needs to provide evidence and documentation.

Start with the 601 forum on immigrate2us.net for more information on the letter.

Read the Algeria embassy website for more on waivers:

http://algeria.usembassy.gov/visas_k.html:

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Overstaying a previous visa

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

Hi just wanted to say thanks for your help. We found out that my fiance was able to clear his overstay with the court before he returned to Algeria. thanks again for all your help. He will soon have his interview in Algeria. I will give an update after the interview.

patient1

Apr 3 2008, 10:44 PM

QUOTE(patient1 @ Jan 3 2007, 09:16 PM)

QUOTE(kitkat1 @ Dec 31 2006, 10:11 AM)

Illegal presence in the US of over 180 days = a 3 year ban, over 365 days = 10 year ban. Both bans can be waived with a 601 waiver. His visa will be denied due to the illegal presence and if he is eligible, he will be told that he can file a 601 waiver. Along with the waiver you, as the USC, will need to provide a letter of proving "extreme hardship" to you if his visa is denied and you are forced to relocated permanently to his country. The letter needs to provide evidence and documentation.

Start with the 601 forum on immigrate2us.net for more information on the letter.

Read the Algeria embassy website for more on waivers:

http://algeria.usembassy.gov/visas_k.html:

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Overstaying a previous visa

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

Hi just wanted to say thanks for your help. We found out that my fiance was able to clear his overstay with the court before he returned to Algeria. thanks again for all your help. He will soon have his interview in Algeria. I will give an update after the interview.

QUOTE(patient1 @ Apr 3 2008, 10:42 PM)

QUOTE(patient1 @ Jan 3 2007, 09:16 PM)

QUOTE(kitkat1 @ Dec 31 2006, 10:11 AM)

Illegal presence in the US of over 180 days = a 3 year ban, over 365 days = 10 year ban. Both bans can be waived with a 601 waiver. His visa will be denied due to the illegal presence and if he is eligible, he will be told that he can file a 601 waiver. Along with the waiver you, as the USC, will need to provide a letter of proving "extreme hardship" to you if his visa is denied and you are forced to relocated permanently to his country. The letter needs to provide evidence and documentation.

Start with the 601 forum on immigrate2us.net for more information on the letter.

Read the Algeria embassy website for more on waivers:

http://algeria.usembassy.gov/visas_k.html:

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Overstaying a previous visa

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

Hi just wanted to say thanks for your help. We found out that my fiance was able to clear his overstay with the court before he returned to Algeria. thanks again for all your help. He will soon have his interview in Algeria. I will give an update after the interview.

patient1

Apr 3 2008, 10:47 PM

We filed the 601 waiver 11 months ago...it was approved 04.01.08. We are so happy...waiting for the Algerian Embassey to the Visa..Long wait ..very worth the wait. I love my baby and can't wait to see him again.