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Swizz

RE: J1 - Summer Work and Travel overstayed, I-129F approved

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Hi all! Please help anyone! My fiance was in the U.S. from May 2009 to August 2010. She had J1 visa valid until October 3, 2009. Thus, she overstayed for about 10 month or so. Currently our I-129F petition has been approved and forward to NVC. Should we file I-601 when going to the interview? Is it possible to get K1-Visa with such overstay? Any suggestions?

P.S. I'm currently living with my fiancee in Kazakhstan from July 2010 and waiting for interview with her.

P.P.S. When I filed I-129F petition, i mentioned what my fiance stayed in the U.S. on expired visa

Edited by Swizz

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Im not 100%, but you may need a waiver. As anything over a 6 month overstay carries a 3 year ban I think. Or could be 10 year, im not sure so dont worry until someone else chimes in here. But there are waivers you can apply for to get around that I believe.. I guess you may not know until the interview..


  • I-129F Sent : 2011-09-15
  • I-129F Delivered:At 5:48 am on September 17, 2011 in DALLAS, TX 75266.
  • NOA1 Received: 2011-09-21
  • NOA2 Received: 2012-02-2
  • NVC Received: 2012-02-13
  • Packet 3 Received: 2012-2-28
  • Packet 3 Mailed to embassy: 2012-03-07
  • Packet4 Received: 2012-03-12
  • Interview Date: 2012-03-26
  • Interview Result: APPROVED!!
  • POE: Dublin: 2012-04-26
  • AOS Sent: 2012-07-20
  • EAD & AP Card received: 2012-11-05
  • AOS Approved: 2013-04-19
  • Conditional Green Card Received: 2013-04-27
  • I-751 Sent: 2015-02-17
  • NOA1 Received: 2015-02-18
  • RFE: 2015-09-16
  • Biometrics: 2015-04-02
  • Interview: N/A
  • Approval Date: 2015-10-15
  • Green Card Received: 2015-10-22

Make Real Wishes

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Hi all! Please help anyone! My fiance was in the U.S. from May 2009 to August 2010. She had J1 visa valid until October 3, 2009. Thus, she overstayed for about 10 month or so. Currently our I-129F petition has been approved and forward to NVC. Should we file I-601 when going to the interview? Is it possible to get K1-Visa with such overstay? Any suggestions?

P.S. I'm currently living with my fiancee in Kazakhstan from July 2010 and waiting for interview with her.

P.P.S. When I filed I-129F petition, i mentioned what my fiance stayed in the U.S. on expired visa

I had hired an aupair from Brazil on J1, considered student exchange visa. Not good to overstay, she had 30 days from end of job for travel. Below is link for information and waivers.

(G) Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or condition of such status under section 214(l) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

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