Overstayed K1 visa, applying for tourist visa B2 or J1

[ana77 0]

Hi all,

I have some questions and hoping you guys will be able to help out with some answers.

I came to the states in 2003 on K1 visa but things didn't work out at the end and i did not marry the petitioner.

I've tried a few different laywers and tons of consultations to find a way to stay and fix my status but all of them told me the same thing; either stayed illegaly or go back home, I overstayed for 3 years. In despair of hope and money. I eventually went back on my own because i didn't want to be out of status anymore.

I understand there's 3 or 10 years banned. I think mine is 10 years.

My mom and sister (just got naturalized last november) and now they are an american citizen. The only problem is they are not qualified (financially) to be a sponsor since my mom is retired.

It has been over 4 years since I've been back in my home country, I really miss my family and wanted to go back to the states.

I'm applying as an au pair and have found a perspective family to be my sponsor, they invited me to check out their family and home but before i sign a contract as an au pair, they wanted me to come on a tourist visa first for a couple weeks, and if everything works out they will apply a J1 visa for me.

I'm not sure how this will work? Am i even elegible to apply for a tourist visa? What do i need to apply for tourist visa? What do i need to do to remove the banned? and What do i need from the sponsor? any suggestions??

Thank you for your time. I really appreciate your help.

Looking forward to hearing from you guys.

A

[Bobby+Umit 161]

You have incurred a 10 year ban (3 year overstay) - so you would have to file a request to remove the ban (601 waiver) - ( you would have to wait 6 more years for it to expire by itself - according to your timeline).

Doubtful if you would be granted it, or the visitors visa (J-1 also), since you all ready overstayed one visa, you have family in the US (which could mean you would have intent to immigrate), and no sponsors.

But your biggest hurdle is to remove the ban.

[canadian_wife 1,791]

You can apply for anything you'd like, however with the ban it is unlikely you will be issued one

I am sorry, but like Bobby said, it is doubtful due to the overstay and family in the US

Good luck

[Brother Hesekiel 2,235]

Although the bar is "only" 10 years, you will not be able to get a non-immigrant visa, such as a B2 or J1 for the rest of your natural life. That has nothing to do with extended punishment. Keep in mind that any visa petition, tourist visas included, is evaluated on its own merits. Usually the applicant has to convince the Consular Officer that she will not stay longer in the US than authorized. In your case, you have a history of doing exactly that. Hence, not a chance for you to get one.

The only chance for you to travel to the US again is if your mother as a US citizen applies for an immigrant visa for you based on being an immediate relative of her. I assume you are over 21 years old, so that will take quite a few years to process due to the remote priority date. In plain English: you'll be in your 30s by the time this is happening.

[Boiler 43,430]

An individual can not sponsor a J1.

You would need to go through one of the authorised agencies.

Both the J1 and B2 are non immigrant visa's so the I 601 does not apply, you can ask for a waiver - d3, what are your ties, spouse, children etc that would require you to return.