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Waiver Process?

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So my husbands interview(cr1) isn’t until the 17th but Im wondering what the process is like if you have to get a waiver. I know i shouldn’t be paranoid about these things but Im wondering if anyone else had to go through that process (e.g. cost, how long it takes). I know its possible that they could request this so im trying to wrap my brain around all this now. It seems like everyone has been quite successful on here so im hoping it won’t happen. If anyone has gone through this pleass let me know :)

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Waiver for what? Depends on what the issue is.


“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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16 minutes ago, Boiler said:

Waiver for what? Depends on what the issue is.

Sorry forgot to mention. It would be for unlawful presence. Basically a few years ago he was adjusting status in the US and departed the states a few days after he withdrew his visa. He has reentered the states since then without a problem so it makes me think maybe he didn’t overstay afterall?

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16 minutes ago, Ceezee5 said:

Sorry forgot to mention. It would be for unlawful presence. Basically a few years ago he was adjusting status in the US and departed the states a few days after he withdrew his visa. He has reentered the states since then without a problem so it makes me think maybe he didn’t overstay afterall?

how long of a ban did he incur, if any?

 

if he has been able to re-enter the states, it would seem if there was one, it has since expired. these are things you need to know/find out.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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3 minutes ago, debbiedoo said:

how long of a ban did he incur, if any?

 

if he has been able to re-enter the states, it would seem if there was one, it has since expired. these are things you need to know/find out.

It had been about a year from the time he left until he re-entered the states. To my knowledge there was never a ban because he entered with no problem at all and left within his 90 days. So im hoping they see this the same way? 

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There is mention of visa, which one.

 

Adjusting status to what?

 

Then 90 days suggests the VWP but an overstay would preclude that.

 

Intriguing.


“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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Adjusting status through previous marriage. Basically the relationship didn’t work out so he withdrew his visa and left. I don’t know anyone else that has re-entered if they truly had overstayed because they would have sent him back to the UK right then and there. We are in a very interesting situation so im just unsure of what to think

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So he had a previous K1, that might generate a few questions.

 

Using the VWP? after a prior overstay, may well cause a few additional questions. It is clear that if you overstay the VWP that is it for future VWP visits, less clear if it was a K1.


“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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There needs to be more details for accurate answers.

 

What visa did he enter on when he previously tried to adjust status?

When did he/his ex spouse file for that adjustment? Had he overstayed his allowed stay when he filed?

 

If he has overstayed did he update his ESTA with his overstay?

 

Can you give a more detailed timeline of his previous U.S. travel history?

 


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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