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Just an update, wife and I went to the consulate in Montreal Friday for our interview, because my wife overstayed she's got to request a waiver. She did enter legally but overstayed that Visa by more than a year...we were married while she was in the country illegally.....what are the chances this waiver will be approved? I know if she entered illegally the chances are quite small, but not sure if the fact that she did enter on a legal visa will enhance those odds....

Thanks in advance for the help!

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With a reasonably well prepared waiver, the vast majority are approved.


“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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Although you would need to show why it would be a hardship to you, not her, if she were not (re-)admitted to the US.


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My husband entered Illegally without a visa and stayed here for over 7 years before we began the process and we too had to apply for a waiver.You must show proof of why you can't GO with her to her home country AND why you can't stay here without her.Ours was approved in 2 months no problems.Just make a table of contents,include pictures and letters from anyone else i.e family members that can help your case.Explain yourself well.As long as she doesn't have any criminal history other than entering illegally she should be approved as long as you make your case well.GOOD LUCK!

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If you prepare a good waiver with LOTS of evidence of your hardships (ie, why you can't move there and why you need her here), then your chances are pretty high that the waiver will be approved

Edited by mrskvelasco

11/06: Husband EWI from Mexico
11/08: Started dating

11/11: Husband got deported
1/11/14: Got married
3/13/14-11/2/14:
I-130
1/26/15-3/17/15: NVC

5/28/15: INTERVIEW - denied

6/8/15: I-601/I-212 waivers received

11/17/15: I-601/I-212 waivers APPROVED

12/11/15: HUBBY HOME!! :dance:

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Does anyone who has gone through this process know how long it takes ?

My fiancee went for his K-1 interview on March 31st and was denied, then told we needed to do the I-601 and I-212.

I am meeting with an atty on Monday, but have no idea how long this process takes.

We are both devastated. We had a beach wedding planned for May 30th. He has already been in Peru for much longer than expected. ( 18 months )

We are both anxious to get this part of our lives over with.

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~3-6 months. Make no plans that cannot be cancelled with a full refund. May is likely unrealistic, unfortunately.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Thank you so much for your input.

THe May 30th wedding date was actually planned before we knew that he was denied. We had NEVER thought the visa would be denied.

I am certain the attorney will make sure the application is complete.

I am hopeful we will be together before the end of the year.

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