Waiver for overstay

[RinoGattuso 0]

Helly VJ people, i have a question regarding the I-601 Waiver Form.

We are currently on the K1 visa process.

Does somebody know if I need to file an I-601 Waiver form for an overstay of 51 days?

That overstay occured approximately a year ago (January 2010). I was in the US on a tourist B2 visa and my I-94 form expired, i left the US 51 days after it expired (I didnt surrender the form).

After that overstay, I went back to the US like 7 times without a problem at the Port of Entry and in 2 occasions I was granted new I-94 forms ( this time i surrender both of them when leaving ).

Ive been reading on the I-601 Instructions form that K visa applicants should file a Waiver if they overstayed for more than 180 days or more than a year, they dont mention anything bout filing a waiver for less than 180 days but I still want to make sure about that.

Any advice/experiences are appreciated.

[RichiJenny 14]

if you overstayed less than 180 days, you dont need one.

[RinoGattuso 0]

if you overstayed less than 180 days, you dont need one.

Thanks for your answer.

I guess that in form DS-156 - Question 38 - bullet #4 : Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States? ... The answer is still yes in my case even though i overstayed less than 180 days right?

Regards

[Used to be broken 143]

Thanks for your answer.

I guess that in form DS-156 - Question 38 - bullet #4 : Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States? ... The answer is still yes in my case even though i overstayed less than 180 days right?

Regards

I would put a * in that box and add an attached statement, saying your dates of leaving and totaling the days so there is no confusion, also if you have copies of the tickets, or stamps of exit entry include them. This is another example of a problem USCIS causes by asking multiple questions and only providing space for a yes no. You can also inquire with USCIS for the definition of "unlawful presence", which I don't think is the case here, you were simply "out of status" for those extra days. Violating the terms is working I think.