Over stayed visiters visa

[tanak45 17]

I filed petition for fiancé. My fiancé over stayed his visiters visa 10 months, went back to his country on his own. Will this cause a denial for visa. Anyone know. Pls help

[Harpa Timsah 13,258]

Yes, he has a ban. You will need a waiver, unless... how long has it been since he left?

Edited April 17, 2014 by Harpa Timsah

[Boiler 43,362]

3 year ban from the date he left.

[tanak45 17]

He left November 2013, an waiver takes 6 months right.

[tanak45 17]

Another question can he file wavier in India or do I have to file it?

[Boiler 43,362]

The USC files it, last time I looked they take approx 6 months.

[JayJayH 546]

Another question can he file wavier in India or do I have to file it?

He'll be denied at the visa interview as he is subject to a 3 year bar from re-entry.

I-601 waivers are generally not DIY. Unless you are absolutely certain about the requirements and how to write up a good waiver petition, I'd hire a lawyer. I-601 waivers are not easy to get, though his overstay isn't 'that bad'. They generally take roughly 6 months.

Edited April 17, 2014 by Yang-Ja

[tanak45 17]

Does anyone know if I should start waiver now, or wait till interview. If we know he will be denied, should get head start on it. With just an overstay we should be able to do waiver.

[Boiler 43,362]

I would start now.

[Mark88 183]

Definatly start right now.

[tanak45 17]

Do I need a lawyer?

Do I the ogle the waiver or does fiancé

File

What does DYI mean?

[Mark88 183]

DIY = Do it yourself

If you are not fluent in english writing, and don't know how to formulate a waiver, I would seek expert (laywer) advice.

[JayJayH 546]

Do I need a lawyer?

Do I the ogle the waiver or does fiancé

File

What does DYI mean?

You, the US citizen has to file the waiver.

DIY = Do It Yourself. I would absolutely get a lawyer. I-601 waivers are not a formality, they can be quite difficult to obtain. In essence, you have to prove to the USCIS that you, a US citizen, will suffer extreme hardship if you have to wait until your husband's bar is up.

Consult with an immigration attorney who has experience with I-601 waivers.

[Mark88 183]

On how far who files the waiver, you will need read the instructions: http://www.uscis.gov/i-601

"Who May File This Form?"

An immigrant visa applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible;

You, the US citizen has to file the waiver.

Are you sure on that one? I ask because the instructions say:

"Who May File This Form?"

An immigrant visa applicant who is outside the United States who has had a visa interview with a consular officer and was found inadmissible

http://www.uscis.gov/i-601

By reading this, it doesn't say only the USC can file.

Edited April 18, 2014 by Mark88

[tanak45 17]

Not sure what to do, my fiancé wants to wait, because he knows someone who overstayed the're visa by 10 years, an was not denied visa at interview.