Overstay on F-1

[The-wait-is-on 0]

Hello All,

This is my first post here and I hope someone can hep me out.

I am an Indian citizen and my fiance is a US citizen. We are planning on getting married in July in India itself and then file for a K-3visa.

The problem is that I entered the US in 2002 on a student visa (F-1). I got a job in 2006 and my employer filed for my H1B visa but he messed up the dates which made me out-of-status from September 15, 2007. However, USCIS approve my application for H1B but denied my change of status. I consulted a lawyer who advised me to leave the country and re-enter on either the H1B visa which was approved or a new F-1 visa. I left the US on Jan 01, 2007. I then applied at the Mumbai consulate for a new F-1 visa (since I did not trust my employer with the visa documents anymore), which was denied on the basis that I was a possible immigrant. The officer just asked me why I fell out-of-status after I mentioned it to her,but did not ask any further questions regarding the same.

Now, I need to know what are my chances with a K-3 visa? Would I need to file for a waiver?

Please help.

[Dan J 277]

Assuming that you went out of status Sept 15, 2006 and left Jan 1 2007, you may not need a wavier since you are not actually facing a ban. Unless your dates are wrong and you had actually overstayed more than 180 days.

A 3 year ban is given for a 180 day or more overstay. 10 year ban for an overstay of a year or more. You only need a wavier if your facing a ban.

[The-wait-is-on 0]

Assuming that you went out of status Sept 15, 2006 and left Jan 1 2007, you may not need a wavier since you are not actually facing a ban. Unless your dates are wrong and you had actually overstayed more than 180 days.

A 3 year ban is given for a 180 day or more overstay. 10 year ban for an overstay of a year or more. You only need a wavier if your facing a ban.

Thanks so much for your help. No, my dates as per the notice from USCIS, dated December 06, 2006 also states that I fell out of status on September 15, 2006. Leaving the US on Jan 01, 2007 makes my out-of-status period less than 180 days.

Its a huge relief to know this, thanks again.