prior tourist visa cancelled- K1 interview soon

[New Yorker 0]

Hello to everyone,

HAPPY NEW YEAR! my best wishes..

Please advice me! Im going to my k1 interview next days. Im afraid thinking if I need a waiver:

My overstay is for 130 days. the day 130th they cancelled my visa and gave me a hearing with a special permission to remain the US until that hearing. After that hearing judge ordered a voluntary departure within the next 90 days. I left the US ontime on a plane.

my question is: the days between my cancelled visa and the day I left the US are also in my overstay count?

Waiver is needed when an overstay in 180 days or more? is that correct?

Thanks, I appreciate ANY help!!

XoXo

[New Yorker 0]

Nobody? Looking thru the internet I found this answers from an attorney website. Maybe those days beetween visa cancelled and the day of departure from the US are "tolling".. I leave this info in case someone is in my same situation.. and more opinions are welcome.. Please!

HAPPY NEW YEAR

TOLLING
[b]The stamp on my I-94 has expired, but the visa in my passport is still valid, am I 'illegal'?[/b]
Yes, you are now out of status. The Department of State (DOS) issues visas from consular offices. This visa will give you the opportunity to apply for a visa from the Bureau of Citizenship and Immigration Services (BCIS) at the border or airport. The visa issued by the BCIS is what I call the 'true' visa and appears as a stamp on your I-94 card. If you remain in the US after that stamp expires, you are out of status even if your DOS visa does not expire for years. 

[b]I applied for an extension or change of my temporary visa. While the application has been pending, my original visa has expired. Am I 'illegal'?[/b]
No, you are still in a period of authorized stay called 'tolling'. Your stay is authorized until BCIS makes a decision on your case. If you receive a notice that it has been denied, you begin accumulating 'out of status' time at that point and must leave the country immediately.