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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.

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


USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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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

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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.

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