Annie+Mike

HI Everyone ,

Just a general question in relation to traveling outside of the USA while being processed.

Currently I am being processed at the Vermont center in relation to lifting restrictions on my status here in the USA- I filed this on June 13 2011 and am planning on returning home for the Christmas holidays.

I am just wondering if you know if it is ok to do this if I have not heard anything from the immigration center??? Will I be allowed back into the country or do you think I will have trouble???

Any info shared would be appreciated

If it's CR-1 (rather than a K-1 like your profile says) why don't you enter before then, get the I-551 stamp and then go back to Ireland? Once you have the stamp you can travel freely and you'll probably save on shipping costs- two trips, two chances to bring things over in your suitcases!

wow thats great-- thanks so much for the info-- where do I get teh I-551 stamp? at immigration at the airport?? is that time limited??? thanks for the info sooo helpful

yes that's the stamp that you get when you go through immigration at the airport. they'll take your brown envelope, process you, stamp the passport and then you'll officially be a permanent resident. it's meant to act as your green card until you get the physical one in the mail. i think the stamp will be valid for a year (even though your conditional residency is for 2 years).

Thanks sooo much I really appreciate it!! that is great to know-- roll on the wedding and the states yahoo!!!

If it's CR-1 (rather than a K-1 like your profile says) why don't you enter before then, get the I-551 stamp and then go back to Ireland? Once you have the stamp you can travel freely and you'll probably save on shipping costs- two trips, two chances to bring things over in your suitcases!

wow thats great-- thanks so much for the info-- where do I get teh I-551 stamp? at immigration at the airport?? is that time limited??? thanks for the info sooo helpful

I was just curious to see how many other people had filed for a CR-1 visa, everyone from the UK seems to be filing for the K-1's

I'm sure my wife and I aren't the only one's and it would be great to hear from other people in the same boat as us.!

We first filed in november '08 and NVC recieved all our paperwork on the 19th of May so we're just waiting for NVC to finish with our stuff and forward them to London.

I am across the water in Ireland- I received my CR-1 on the 8th may so delighted- am in a little situation in that I may need to extend the visa to enter the states at a later stage due to family circumstances- do u know anything about getting it extended by any chance??

Hi Guys--

I got my CR-1 Visa YEAH!!!! It is great news-- only prob is that it says I have to be into the states by nov 7th 09- my sisters wedding 2 days before and I do not want to make her wedding all about me leaving- Does anyone know is it possible to extend the visa so I could enter later on??

I would appreciate any feedback

Annie

Sorry, I don't know the answer, but congrats on the Visa!!!

Wow that was quick-- thanks anyway- am over the moon- just dont wanna do anything to jeprodise it now

can I buy the visa from you if you aren't going to use it? some of us have been waiting a long time for one.. don't let it go to waste..

Oh God NO!!!! have fought long and hard for it!!!

Hi Guys--

I got my CR-1 Visa YEAH!!!! It is great news-- only prob is that it says I have to be into the states by nov 7th 09- my sisters wedding 2 days before and I do not want to make her wedding all about me leaving- Does anyone know is it possible to extend the visa so I could enter later on??

I would appreciate any feedback

Annie

A ban is a ban is a ban. It is in effect for any and or all types of visas. No visa can be issued until such time as the "sentence" has been served or the ban is "waived".

Yes that is what I thought too and is the reason that I have not tried to enter for the past 4 1/2 to 5 yrs now-- However I have heard of a man in my neighbourhood in the same situation and is allowed to visit on a holiday visa for specific periods of time-- was just wondering if anyone on here had experienced it??

Make sure that the man in your neighborhood is telling the whole story and is giving you accurate information. Everyone has an uncles, sisters, cousins, nephews. houskeeper who has a simple fix to every immigration issue. There is a type of waiver to get for a situation as you describe, I can't remember what it is called. It is not easy to get.

Thanks a million for that informatiion-- I wonder is it a visa waiver by any chance??

A ban is a ban is a ban. It is in effect for any and or all types of visas. No visa can be issued until such time as the "sentence" has been served or the ban is "waived".

Yes that is what I thought too and is the reason that I have not tried to enter for the past 4 1/2 to 5 yrs now-- However I have heard of a man in my neighbourhood in the same situation and is allowed to visit on a holiday visa for specific periods of time-- was just wondering if anyone on here had experienced it??

hi guys--- I hope that I am in the right forum-- I just wanted to enquire about the B-2 vistors visa-- I live in Ireland and have received a 10 year ban after applying for a fiancee visa to live in the states due to overstay.

I am now living in Ireland with my husband (american) and we are hoping to apply for a B-2 visa so that I can visit the states for a hoilday- Does anyone know about this or of anyone who has gone through a similar situation. I would appreciate any friendly information.

Thank you

Annie and Mike

Hi Guys,

This may be a really silly question but I said that I would put it out there anyway. I applied for a k-1 visa and was denied due to an overstay. The US Embassy stated that I have a 10 yr ban. Since then I have married my fiance and we are appealing the Embassy decision.

My question is- My husbands brother is getting married next Sept. Is there anyway that I can apply to the embassy to see if they can grant me a waiver for a week so that I can attend the wedding?

Anybody?

Oh ok- Thanks for that-

Wil wait the 6 mths and file the I-130 form and file with ucsis for the K-3.

Thanks a milion

Thank you all so much for your information and support-

so as far as I understand it I should ask the US Embassy to ignore the present I-601 which is attached to the fiance visa- wait for 6 mths and file a K-3 visa as well as the I-601 at the same time??

I think you need an I-601 waiver to overcome the 10-year ban. It's a waiver of inadmissibility in which the US citizen has to prove "extreme hardship" of living in the alien's country. Someone correct me if I'm wrong, please. but I believe if you get married it invalidates K-1 visas or any appeals of denials of K-1s, as they are only for fiances. You might want to consult a lawyer, I-160s are not that simple.

At present i think that it is the I-601 that we have filed I was just confused as to whether the fact that we got married meant that that form was null and void and that there was a different form we needed to fill our as a result.

Hi I was wondering if anyone here could assist me.

I am from Ireland and origionally filed for a K-1 fiance visa- this was denied as I had overstayed when I was in the states and they informed me that I have a 10 year ban. I am appealing this decision, however in the mean time my fiance and I have got married and he is now in Ireland.

My query is does the appeal for the K-1 still stand or do we now have to fill out a load of different paperwork??

I would be grateful for any information.

Hi everyone---

I just wanted to say hi to everyone and to meet some people on here who may be in a similiar situation and who might be able to give me some advice..

I recently was denied my k-1 visa and banned from the states for 10 years!! My fiance is american and in 2002-2004 I overstayed a visa- I had origionally thought that I would have been banned for 3 years but much to my surprise on Thursday a CO in dublin took my fingerprints- told me I was banned for 10 yrs and not to try and enter the states!!

He did say that I was eligable to apply for an I 601 but to me it really seems like a shot in the dark!! Has anyone on here been granted a waiver and under what circumstances??

I was denied too and should go through the I-601 thing. My reason was a very old conviction.

You should start right away to file this because it can be a very long waitingtime.

so sorry to hear that-- it really sucks- did you get any help in fining your I-601?? Have you gotten a response as of yet?? We are just trying to make our case as strong as possible but it seems that unless you have really harsh circumstance that you can forget it??

Hi everyone---

I just wanted to say hi to everyone and to meet some people on here who may be in a similiar situation and who might be able to give me some advice..

I recently was denied my k-1 visa and banned from the states for 10 years!! My fiance is american and in 2002-2004 I overstayed a visa- I had origionally thought that I would have been banned for 3 years but much to my surprise on Thursday a CO in dublin took my fingerprints- told me I was banned for 10 yrs and not to try and enter the states!!

He did say that I was eligable to apply for an I 601 but to me it really seems like a shot in the dark!! Has anyone on here been granted a waiver and under what circumstances??

Hi. First, thank you for everyone who uses this site. It's great! And forgive me if I am posting this in the wrong place - this is my first time joining any kind of forum. And forgive me if anyone has asked a similar question, but I could not find anything like my situation (although I'm sure I just didn't look long enough :-)).

I have been dating my boyfriend for roughly 1 year. I am a US citizen. He is from Brazil & came to the US illegally (via Mexico) and has been here for 3 years. We want to get married and are not sure if we should try for the fiance visa or spouse visa I am worried that the government/consulate will find out that he has been in the US illegally and will bar him for 10 years. He aquired a tax id # & driver's license in the US (license has since expired). When getting his license somehow a authorization form to work in the US was filed in his name.

I assume either visa we apply for we will have to do the waiver, but does anyone have any suggestions on what is the best thing to do? I have spoken to so many lawyers & they each give me a different answer. Should we do the fiance visa? Spouse visa? If we marry, is it better to marry in the US, Brazil, another country?

Also, I read on one of the postings that someone told the truth on their forms - that they stayed in the US illegally after their visa expired - and they were approved the visa. Is it better to "lie" of tell the truth?

Sorry for the long post. I'm just so overwhelmed! Thanks in advance to all!

Nicole & Wilson

Looks like you have your cake and maybe will be able to "eat it" too.

LOTS of us had to do the process while separated for long distances and long periods of time.

To me your man is here illegally and should be deported and banned.

!

Why r people so bitter!! The girl is in love and trying to find a way that she can be with her faince.. its great that you did the long process and got what you wanted but for god sake listen to yourself!!

I awoke with butterflies yesterday and that gave way to nervousness midday and by the time my friend was driving me to the church, I was beginning to feel ill and I starting thinking about all the ways it could go wrong. So I pleaded with my friend to turn the car around and after a heated argument and tears, she did. I honestly cannot believe this has happened and honestly I do not even know what has happened. I am afraid to call my fiancé. I called my parents and they said they were relieved that nothing bad happened to me,but they were very disappointed. So, now I feel doubly horrible. I just really cannot believe what has happened. My mom told me that even after my own family started to leave saying I was not coming, he just sat down and waited

Wow the poor guy!! I agree you should contact him asap and let him know how you are feeling-- if it is meant to be I am sure that you will be able to work thing out and overcome this-

Good luck!

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

Well there is use addressed the lawyer issue if he's guilty of malpractice, in which case, you may be able to recoup your money or perhaps more importantly, protect other unknowing clients from being harmed by his negligent legal work. Report him to the state bar at once.

And we're still missing facts here I think - I can't figure out how long you thought you could stay or when you started counting 90 days from or after, etc . . . .

I entered the stated on 7th November 2002- at that time I was on a 90 day holiday visa that all europeans get which would have allowed me to be in the states Legally until 6th february 2003-

I didn't leave the states until 3rd february 2004 which means that I overstayed by 362 days. However the embassy are including the 90 days in their calculations which puts me being in the states for 452 days.. Is this any clearer for you??

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.

Yes but in all honesty it is a little crappy when I overstayed to be with my future husband!! We have our secure relationship and now we cannot set up a future together in the US!! We will be married for god sake.. to be honest I think that it is BS.. The only thing that I did was fall in love! I have no convictions or character flaws and there are no hard and fast rules when it comes to love!

Think some humanity would be nice

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?

Yes I went up to them yesterday with all of the information that I had gotten from Aerlingus-- they say that it is a 10 year ban-- To be honest I am in chock and still confused!

had you ever overstayed, even for just a few days, besides this one time? Overstays are cumulative--you don't just count the longest overstay, you add them together.

No this is the only time that I over stayed

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

Well as the title suggests I got denied my visa stated that I had overstayed! I assumed that every person had a 90 day amnesty and that the overstaying started on the 91st day!!

Anyway I just got told that I am banned from the states for 10 years!!!

He did give me a I-601 form for a waiver-- does anyone know about this process and how successful it is??

PLEASE HELP!!!!