Hello visajourney friends!

I have a friend that is thinking about going through K-1 visa, but she had already overstayed a vista once when she was in the US working as an Au Pair!

But, according to what she relates to me, she was not guilty because, a certain time before her visa expires, she asked for a permission to remain in the country for a few months more and they sent the authorization letter LATE and with the term expired!

So, do you think it's necessary for her to go into a Waiver process before applying for K-1 visa? If so, how long does this process take and what does she need to do?

Thank you very much!!

If she feels that she will need a waiver, I would suggest preparing the paperwork for one and being ready to file it at the time of the visa interview (if necessary).

I've never heard of 'going into' a waiver before even applying for a visa. (How could you need a waiver for something that does not yet exist?) Or course, I could be wrong on that, so hopefully someone wiser than me will happen along this thread.

If she thinks she will need a waiver she needs to gather her documents and have them ready at the time of her interview. Waivers are not filed for in advance and once it is requested you file then. Good luck.

Mary

Hi, Tracy!

I read a forum once where people discussed about waivers and a girl told that the waiver process is done before the K-1 or K-3 petition... She said that it's necessary because this way the government will "allow" you to start with a visa process. Then, once they "forgive" you, you can go into the visa process normally! But I also don't know if it's really like this. That's what I'd like to know... hehe If there's a way to do things together, it's much better, uh?

Let's see if our friends have more things to say...

Thank you very much, dear!



Oh, if it's like this, it will be easier to her... But since she was not guilty for the overstaying, do you think it would be better for her to do this waiver process or simply not to mention the overstaying?

Unfortunately, I sort of doubt the govt. will care whose incompetance caused her the overstay (her or her employer). I sure would mention it in the waiver paperwork, though! Can't hurt!

This person was misinformed. You can not file for a waiver until you are denied at the embassy level durring your interview. They determine if you need to file a waiver and will instruct you on what you are being denied for and what you need to do.

You can research and ask around (immigrate2us.net is another good site) and make your own determination if you think you will need a waiver. You can construct your hardship letter with all your supporting documents and have it ready to file asap. Some embassy's allow you to file the waiver the same day as your interview and some do not.

Good luck,
Baileyj

[quote name='TracyTN' date='Apr 6 2006, 11:26 AM' post='114755']
[quote]

Unfortunately, I sort of doubt the govt. will care whose incompetance caused her the overstay (her or her employer). I sure would mention it in the waiver paperwork, though! Can't hurt!
[/quote]

Hummm... That's what I think too! It seems the government wouldn't analyze carefully the circumstances if they found out she overstayed the visa. I guess they simply would notice she overstayed, and would deny the visa!

Humm... So, she would have to call or e-mail the Consulate to know if they allow this? And can't she do the waiver process DURING the visa process, like the girls said?

Email the consulate to see if they allow what? A waiver to be filed?

I don't recall saying that she could file the waiver DURING the visa process, unless you are including the interview as being 'during' the visa process. Normally the interview is the last official step of the K1 process (save actually getting your passport back with the visa in it and entering at POE) unless a waiver is required. If she is denied the visa at the interview, she can subsequently file a waiver.

What Bailey is saying (correct me if I'm wrong, Bailey!) is that some consulates allow you to file the waiver as soon as they are denied at the interview - that very same day - and some consulates do not allow that.

Its really pretty straightforward.

Good! I still get confused with english sometimes... I misunderstood!

So, now I understood that the only way for her is to get the paperwork ready for the interview in case they deny her visa for this reason! It's clear now!

Thank you very much!

No problem. Any time you're dealing with the govt., it can be confusing!

She will have to go through the visa process and at the interview she can file the Waiver. How long was her overstay and how long ago. If it was under a year then there is a 3 year ban. If she has the 3 year ban they may not even ask for a waiver. Depends on the embassy. timing all depends on where she is filling from. Some waivers can take 3 months and some can take a year.

Thanks for the information concerning to the time!

Hummm... I think she overstayed the visa only for some days! When she received the letter with the expired date and found out she was illegal, she came back to Brazil almost immediatelly!

Could you explain better this 3 year ban thing? I don't think she knows about this...

I think if she overstayed for less then 180 Days, she we not need a waiver and she is not subject to a bar.

The Bar goes like this.

If you over stay your visa for more then 180days and less then 1 year, you are bared for 3 years.

If you over stay for more then 1 year then you are barred for 10 years

In both cases you will have file a waiver, which is the I-601 to lift that bar.

If you are talking only a few days. Let her be honest and I don't think she will need a waiver.

Wow! This is such a precious information! I'll tell her!