overstay visa

[dragonleo 0]

Hey guys I have a question maybe someone can help me? My wife Natasha came to America on a J1 visa March 21, 2007 her visa expired Sept 12th 2007 we were married February 24, 2008, her grandmother passed away and she left to go back home to Russia February 25, 2208. We didn't know anything about Visa or K1, k2, k3 k4 CR1, so when she was ready to come back to America she was not allowed. I did alot of research and found this web site VISA JOURNEY (really great site) anyways she (overstayed) her visa but didn't stay in America more than 6 months and less than a yr. Do i need some sort a (WAIVER????)

I filed I-130 Sept 12, 2008 received (Noa1 Sept 16, 2008) and received (NOA2 April 3, 2009) and I have not received anything from USCIS or NVC about her being her in America past her VISA expiration Date!!!! Can any one tell if we will be having problems over this overstay issue, because our case has been forwarded to NVC and I have already pay some fees to them already and they have yet to say anything about her overstay.!

thanks for any one who can help

[LoveMyTico 999]

if she overstayed under 180 days, I believe she does not have a ban from the US. You wouldn't hear anything about an overstay until you get to your interview. The approval from the USCIS is only an approval granting you an interview. The embassy will determiine your approval and tell you whether you are eligible to file a waiver. Research overstays... over 180 days is a 3 year ban, over 360 is a 10 year ban. Misrepresentation is a lifetime ban.

Be sure to be honest at your interview. If they ask, don't lie. Trust me.... they already know.

[emt103c 10]

She will not have a ban for the immigrant visa based on her overstay. . .it was less than 180 days according to your information.

The concern I have is what they did when she was denied entry. Was she allowed to withdraw her application or was she given an expedited removal? Do you have the documentation?

[dragonleo 0]

She will not have a ban for the immigrant visa based on her overstay. . .it was less than 180 days according to your information.

The concern I have is what they did when she was denied entry. Was she allowed to withdraw her application or was she given an expedited removal? Do you have the documentation?

When I say she was not "allowed back to America" she didn't try and come back, I just read that she need another visa to come back to America. So I got docs together and filed I-130 and wondering if she is gonna have problems when she goes to Embassy in Moscow if she is gonna have problems.

[emt103c 10]

Oh, then that is cool. There should be no issue with the overstay when she interviews as long as the dates are accurate.

Was her J visa subject to the 2-year foreign residency requirement?

[dragonleo 0]

Oh, then that is cool. There should be no issue with the overstay when she interviews as long as the dates are accurate.

Was her J visa subject to the 2-year foreign residency requirement?

the 2 year rule does not apply to her visa (thank god about that)

[emt103c 10]

Good stuff! You guys should be fine then.