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Overstayed K1 visa, applying for tourist visa B2 or J1

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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.


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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.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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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

August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2

February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete

May 4, 2009

May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011


April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony


September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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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.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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