Full Version: overstaying visa problems in k1 procces
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
Hi.guys. how is everybody doing? Im getting my stuff prepared for sending the 1-129F to VSC. Im very worried about everyhing to dont be denied because i overstayed my previous j1 visa with 2 months because we wanted to get married in States but my baby dididnt had the divorce papers finalised...the lawyer said that i should not have problems with that but still...im so worried. do u guys know any cases when they denied the visa because overstaying? thanks alot...good luck in your process!
See Duplicate Post: http://www.visajourney.com/forums/index.php?showtopic=62570
QUOTE(YuAndDan @ Apr 5 2007, 10:03 AM) 
See Duplicate Post: http://www.visajourney.com/forums/index.php?showtopic=62570
oh..i saw...but someone told me to post here cuz maby i find somebody here who knows more. sorry..
I ment maybe you should have moved your original post here. But, no worries, we have the link now the the post in the K1 now, so this will help out others on this forum who have experience with this. Good luck. 
QUOTE(together2love @ Apr 5 2007, 10:14 AM)
I ment maybe you should have moved your original post here. But, no worries, we have the link now the the post in the K1 now, so this will help out others on this forum who have experience with this. Good luck.
ohh..sorry..i dididnt knew that...thanks
This might help you
ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235((1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
(iii) Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
Baileyj96
ALIENS UNLAWFULLY PRESENT.-(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(
(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
(iii) Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
Baileyj96
QUOTE(dora_david @ Apr 5 2007, 09:43 AM)
Hi.guys. how is everybody doing? Im getting my stuff prepared for sending the 1-129F to VSC. Im very worried about everyhing to dont be denied because i overstayed my previous j1 visa with 2 months because we wanted to get married in States but my baby dididnt had the divorce papers finalised...the lawyer said that i should not have problems with that but still...im so worried. do u guys know any cases when they denied the visa because overstaying? thanks alot...good luck in your process!
Two months of overstay is not a problem unless your J1 visa had some different regulation. Visas are denied (not petitions) for overstays of more than 180 days. Once your divorce papers are finalized you can file the petition and it will be approved. If there are any overstay issues, they will come up at the interview. But again, overstay problems don't begin until you have overstayed more than 180 days.
What does this mean, in regular people words?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
QUOTE(ilovemyfrenchie @ Apr 5 2007, 01:10 PM)
What does this mean, in regular people words?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
Unfortunately this does not come into play. It's only a question of whether or not the J1 had restrictions or alternate rules. Otherwise, the OP is well under the 180 day rule and no need for a waiver.
QUOTE(kitkat1 @ Apr 5 2007, 11:37 AM)
QUOTE(ilovemyfrenchie @ Apr 5 2007, 01:10 PM)
What does this mean, in regular people words?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
Unfortunately this does not come into play. It's only a question of whether or not the J1 had restrictions or alternate rules. Otherwise, the OP is well under the 180 day rule and no need for a waiver.
I'm sorry. I was asking about this family unity thing. It says that people (oversatys) don't get their overstay time counted against them? When does this apply? How would I know if my spouse is a "alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990?"
I'm sure I'm dreaming...
QUOTE(ilovemyfrenchie @ Apr 5 2007, 11:45 AM)
QUOTE(kitkat1 @ Apr 5 2007, 11:37 AM)
QUOTE(ilovemyfrenchie @ Apr 5 2007, 01:10 PM)
What does this mean, in regular people words?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
"Exceptions:
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."
Anyone know?
Unfortunately this does not come into play. It's only a question of whether or not the J1 had restrictions or alternate rules. Otherwise, the OP is well under the 180 day rule and no need for a waiver.
I'm sorry. I was asking about this family unity thing. It says that people (oversatys) don't get their overstay time counted against them? When does this apply? How would I know if my spouse is a "alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990?"
I'm sure I'm dreaming...
You can find the INA and check it out; posted at uscis.gov: http://tinyurl.com/26ct8r
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