hey,
does anyone have the same problem?
me and my husband got married couple weeks ago in the US and he had to go home last week. We haven't had chance to change his visa status with overstay problem. I have to file K3 visa and have him to wait for interview from his local embassy. Does anyone know about the overstay status would cause problem when issuing k3 visa? even though we are legally married? thanks

What type of visa was it and how long was his overstay? Was it an emergency that he had to go home for?

he came in with student visa and it was almost 2 yrs overstay... and yes, it's family emergency

I'm really sorry I can't help you further. It would be advisable to ask for a recommendation for a good immigration lawyer. If he had been able to remain in the US during adjustment of status, the overstay would have been easily bypassed.

Okay, here we go, I found some more info. You have to go through the K3 process. The visa will be denied at interview, and then a 601 wavier will have to be filed to prove extreme hardship to you over the separation. Make sure he does not attempt to come to the US before the whole process is finished - he would face a 10 year ban. See the folder below about I-601 waivers.

thanks... i will check on the I-601 waiver form... even with I-601 form, will that be a chance to get denied again? and do you have any idea how long will it take to go thru the entire process?

I don't know about I-601 waiver denials - there is a chance so just be really prepared and well-researched.

I am sorry to say that it will take a very long time. The K3 process will take roughly six months, and I read that the I-601 wavier takes 12 to 18 mos - I may have misunderstood that, so just read around in the folder here on VJ about waviers.