Fiance with previously overstayed visa

[KayDeeCee 4,891]

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about needing I-601 waiver ~

[Soul Froosh 31]

Bearing in mind he could not have been doing things many 18 year old's do, drive, get a job then I think he knew.

Knowing he was "illegal" is one thing (I'm not denying that), but being able to get on a plane at the age of 18 (cost?) and crash-landing somewhere with no home (?) is another.

As you mentioned in a later post, he did leave when he was 19, when he was able to.

I'm just completely dumbfounded that people can say he "knowingly broke immigration law and is fully responsible"

He had no choice in being there in the first place.

I understand he will likely need a waiver. It just seems people here have become so absorbed with immig law that they've lost touch with human reality.

[christeen 966]

Now he will "likely" need a waiver.... They WILL need a waiver. Not putting personal judgement on his overstay.. But the govt outlines the rules and does not pick and choose if someone will be judged different based on human reality considerations... That is a value judgement... What members here are try g to say, what matters is how the govt looks at the reality, and that is, at age 18 a person is responsible for their actions and any overstay is counted, regardless of ignorance of the law or any other human realities.

The OP needs to know this and needs to know the reality of dealing with the situation. Nobody said they could not get a waiver, just that they would need one... Period. So the sooner the OP gathers info on how to prepare for,that reality, the better off they will be. Sugar coating and qualifying why the overstay happened does not eliminate the fact that there was an overstay, they will be denied and a 10 year ban will be incurred and they will have the chance to file a waiver (which if presented correctly is many times approved) which will take more time... Better to go into this eyes wide open...

[Jonmar70 0]

Hi! You are not able to submit a I 601 waver until after they have told you you are elegible for one. Second, the form is one, but the waiver entitles a lot of work, you need proof and usually it takes months to assemble one (I did mine without a lawyer) and I was requested additional evidence and the process lasted for around 12 months, I would say, go to the interview and see what you are told, good luck.

[Soul Froosh 31]

Now he will "likely" need a waiver.... They WILL need a waiver. Not putting personal judgement on his overstay.. But the govt outlines the rules and does not pick and choose if someone will be judged different based on human reality considerations... That is a value judgement... What members here are try g to say, what matters is how the govt looks at the reality, and that is, at age 18 a person is responsible for their actions and any overstay is counted, regardless of ignorance of the law or any other human realities.

The OP needs to know this and needs to know the reality of dealing with the situation. Nobody said they could not get a waiver, just that they would need one... Period. So the sooner the OP gathers info on how to prepare for,that reality, the better off they will be. Sugar coating and qualifying why the overstay happened does not eliminate the fact that there was an overstay, they will be denied and a 10 year ban will be incurred and they will have the chance to file a waiver (which if presented correctly is many times approved) which will take more time... Better to go into this eyes wide open...

There are ways to word things to other people on forums, especially when it's dealing with loved ones.

People come here for a human response, not a robotic one you'd expect from a USCIS agent that is likely to make the OP feel like her fiance is a criminal.

Lay down the hard facts - fine. But do it like you would to a human being in real life. Ya know, with a bit of warmth. That's not sugar-coating.

[christeen 966]

Actually, that is what sugar coating is... Definition is the act of maki g something unpleasant or distasteful seem more appealing or pleasant...

[NigeriaorBust 4,087]

the facts

You will be denied

a wavier will be needed if they allow one

immigration will take a lot longer at least 6 months longer if not years.

[christeen 966]

the facts

You will be denied

a wavier will be needed if they allow one

immigration will take a lot longer at least 6 months longer if not years.

All true, But say it sweeter than that....

[AmyWrites 593]

There are ways to word things to other people on forums, especially when it's dealing with loved ones.

People come here for a human response, not a robotic one you'd expect from a USCIS agent that is likely to make the OP feel like her fiance is a criminal.

Lay down the hard facts - fine. But do it like you would to a human being in real life. Ya know, with a bit of warmth. That's not sugar-coating.

OP will never see her fiance like a criminal. The issue is she should know what lies ahead so she can prepare for it, telling her things "will work themselves out" or whatever is just a waste of time. Honesty gives her the power to prepare.

[Boiler 43,436]

Knowing he was "illegal" is one thing (I'm not denying that), but being able to get on a plane at the age of 18 (cost?) and crash-landing somewhere with no home (?) is another.

As you mentioned in a later post, he did leave when he was 19, when he was able to.

I'm just completely dumbfounded that people can say he "knowingly broke immigration law and is fully responsible"

He had no choice in being there in the first place.

I understand he will likely need a waiver. It just seems people here have become so absorbed with immig law that they've lost touch with human reality.

His Parents sent him to the US at 14, crash landed?

He had no home in the US seems to have stayed with family friend?

No doubt they paid international school rates.

At 19 he returned home.

[Jawaree 717]

There is a waiver or overstays.He has to be petitioned and

go thru the motions until interview where CO will deny

visa and give him 221G if he is qualified for I 601 at the

moment, using a waiver atty makes sense & if U departed on

your own, proof U left the country will be required by stamped

PP. plane tickets and records that U have been living in your

country. pay slips , medical visits records, school records etc