Will we need a waiver if he overstayed a tourist visa while applying for a work visa?

[bsclarinet 0]

My fiance was in the U.S. on a tourist visa, but while he was here (1 1/2 years) he was applying for a work visa. This was denied, and he just left this week to go back to Brazil. So now we are applying for the K-1. My question is this: What are the chances that our K-1 will get denied because of the overstay? And would we need to file a waiver? Even if he was trying to get another visa rather than just continuing to stay on the expired tourist visa?

Thanks

[canadian_wife 1,823]

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

Good luck.

[bsclarinet 0]

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

Good luck.

His tourist visa expired in June or July of 2008. We found out his work visa was denied a couple of weeks ago, but I'm not sure exactly when he started the process of applying for the work visa. If I remember correctly, it was before his tourist visa expired, but I'm not positive.

[NArocks 13]

Is he here in the US?

[bsclarinet 0]

Is he here in the US?

Not anymore. He left (voluntarily) on August 4th.

[NArocks 13]

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

[familyguy 2]

Is he here in the US?

Not anymore. He left (voluntarily) on August 4th.

That was one of many mistakes. It may have been better for him to remain and marry then AOS as it is he possibly subject to a ban for the overstay in which case he will almost certainly need a waiver. Pehraps someone else can clarify if he was in fact in or out of status whilst applying for the work visa, I really have no clue. I think his best way forward is to see an immigration attorney as this is not a straight forward case. I am getting a headache just thinking about it so goodness knows how you must feel. Good luck to the pair of you.

[bsclarinet 0]

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

His tourist visa expired in June or July of 2008. We found out his work visa was denied a couple of weeks ago, but I'm not sure exactly when he started the process of applying for the work visa. If I remember correctly, it was before his tourist visa expired, but I'm not positive.

[bsclarinet 0]

Is he here in the US?

Not anymore. He left (voluntarily) on August 4th.

That was one of many mistakes. It may have been better for him to remain and marry then AOS as it is he possibly subject to a ban for the overstay in which case he will almost certainly need a waiver. Pehraps someone else can clarify if he was in fact in or out of status whilst applying for the work visa, I really have no clue. I think his best way forward is to see an immigration attorney as this is not a straight forward case. I am getting a headache just thinking about it so goodness knows how you must feel. Good luck to the pair of you.

Oh no. Now I'm really worried about it.

[chinausa 7]

My fiance was in the U.S. on a tourist visa, but while he was here (1 1/2 years) he was applying for a work visa. This was denied, and he just left this week to go back to Brazil. So now we are applying for the K-1. My question is this: What are the chances that our K-1 will get denied because of the overstay? And would we need to file a waiver? Even if he was trying to get another visa rather than just continuing to stay on the expired tourist visa?

Thanks

as long as you applied work visa before your B1/B2 visa expired, and filed extention on your B1/B2 visa, either your extention was approved and your work visa was pending, you are safe. if your B1/B2 denied, or you didn't file extention on B1/B2, then you left America after your work visa denied, you might have problem, not quite sure. better hire an attorney.

that all i know so far, i'm not gurrantee my information is 100% correct, please consult an attorney.

[spookyturtle 9,466]

I thought that it was not possible to change a tourist visa to any other class of visa without leaving the counrty? The work visa would be issued in Brazil, not here. As advised above, it would have been better to marry here, the overstay would most likely be forgiven without returning to Brazil and no waiver would have been needed. Now it is almost a certainty. You can do a consult with Heather Poole at http://www.humanrightsattorney.com/ or Laurel Scott at http://www.scottimmigration.net/ Both are excellent lawyers and experienced with waivers. Perhaps emt103c will chime in. She is a member here who is very knowledgeable about waiver issues. You may also want to post this at immigrate2us.net, by far the best waiver site on the internet.

Edited August 7, 2009 by spookyturtle

[spookyturtle 9,466]

I thought that it was not possible to change a tourist visa to any other class of visa without leaving the counrty? The work visa would be issued in Brazil, not here. As advised above, it would have been better to marry here, the overstay would most likely be forgiven without returning to Brazil and no waiver would have been needed. Now it is almost a certainty. You can do a consult with Heather Poole at http://www.humanrightsattorney.com/ or Laurel Scott at http://www.scottimmigration.net/ Both are excellent lawyers and experienced with waivers. Perhaps emt103c will chime in. She is a member here who is very knowledgeable about waiver issues. You may also want to post this at immigrate2us.net, by far the best waiver site on the internet.

I am wrong about not being able to change status on a tourist visa. Now it will depend on when he started the process etc if he will be considered an overstay or not. It would be a good idea to consult a lawyer for more information.