BAN! HELP

[tulya 0]

Hello. I really need your help please!

I am from Ukraine, went to the US as a J-1 visa student, after what applied for changing status into B2 tourist visa. It was approved the 1st time, but after I tried to extend it - got a denial. I did an appeal but it was denied again. I did not leave within 180 days after that but left before 1 year. So its probably 3 years ban!

My boyfriend is American. We have distance relationship for a year already but it's really hard cause he is military and is unable to visit me often. I'm getting my Master in Germany now. Is there any way for us to cut the ban (any waivers or smth)???? We want to get married but this ban is killing me. I have a chance to go as M1 student for a semester from my German university but I'm really scared even try to apply for a visa. Would really appreciate your help.

Edited January 23, 2013 by natasha89

[Gary and Alla 3,694]

Hello. I really need your help please!

I am from Ukraine, went to the US as a J-1 visa student, after what applied for changing status into B2 tourist visa. It was approved the 1st time, but after I tried to extend it - got a denial. I did an appeal but it was denied again. I did not leave within 180 days after that but left before 1 year. So its probably 3 years ban!

My boyfriend is American. We have distance relationship for a year already but it's really hard cause he is military and is unable to visit me often. I'm getting my Master in Germany now. Is there any way for us to cut the ban (any waivers or smth)???? We want to get married but this ban is killing me. I have a chance to go as M1 student for a semester from my German university but I'm really scared even try to apply for a visa. Would really appreciate your help.

You cannot apply for a waiver until you have something to waive. In other words, you must apply for some sort of visa and be denied for the reason of the overstay and THEN submit a waiver request. I have heard of some people bringing and presenting the waiver request WITH the visa application. Good luck

The overstay will not affect the approval of a petition for a finacee or spouse visa BUT it will affect the issuance of the visa.

[tulya 0]

You cannot apply for a waiver until you have something to waive. In other words, you must apply for some sort of visa and be denied for the reason of the overstay and THEN submit a waiver request. I have heard of some people bringing and presenting the waiver request WITH the visa application. Good luck

The overstay will not affect the approval of a petition for a finacee or spouse visa BUT it will affect the issuance of the visa.

Thank you very much for your quick response!

[Laherida 0]

Thank you very much for your quick response!

You will also need to start gathering information to prove your need for a waiver. That part takes a long time!

[Gary and Alla 3,694]

You will also need to start gathering information to prove your need for a waiver. That part takes a long time!

That part I have -0- experience with but there is a sub-forum here that deals with it. I suggest the OP get to studying up on that. The OP is not the first by any means and there is plenty of experience to learn from

[Laherida 0]

I am not 100 percent sure about waivers available for your situation. My husbands waiver was just approved, but he used a i601 which is only valid for spouses of US citizens. That being said, if there is not a waiver for your situation DONOT get married. You will be permanently barred for marriage to obtain a visa. Their may also be a way for you toshorten the ban if he applies for you because he is active military. I have no experience with that because my husband and I are not.

[Jahwaree 83]

Other family members can file waivers Not only spouses, also if OP has a legitimate relationship and wants

to get marry nothing is wrong with a bonified marriage as long as she see him in the last 2 yrs in person, have

proof of on going relationship and get an atty that specializes in waivers, it may be a bump but not hopeless

one of the experts will come along with an answer. ...good luck