10 Year Bar - Waiver Approved

35 views
Skip to first unread message

kaco...@my-deja.com

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
Since there has not been a lot of discussion
regarding this subject, I thought I would let all
who are in this situation know that there is
hope. My fiance overstayed his visa waiver by
two years and went back to Ireland due to a
family emergency. When he tried to come back six
months later he was refused entrance due to the
overstay (denied by the INS at the Dublin
aiport).

I immediately hired a lawyer who had never
handled a case like this, but decided that we
should attempt to apply for a K1 fiance visa and
Waiver 212 d 3, as well as submit numerous
notarized affidavits from people in the U.S. that
knew us urging the INS to grant the waiver, such
as my family and our friends. After several
months of delays due to one reason or another, he
had his interview (or lack there of) at the end
of October. He was just told to sign some
papers. My lawyer then contacted the consular
officer in Dublin who told him that she was
making a recommendation that he be granted the
waiver and she would forward it to the INS in
Shannon, Ireland. She communicated to my lawyer
that more than likely we would be granted the
waiver as the INS does not like to keep families
apart. INS then required us to apply for an I-
601 waiver, even though we are not married this
is the procedure. The waiver would overlook his
overstay as well as his misrepresentation (due to
nervousness and ignorance, he intially told the
INS at the Dublin airport that he had never been
to the U.S., but then admitted he had a couple of
minutes later). So we had to prepare statements
for the I-601. His statement concentrated on the
fact that he was very sorry that for his overstay
and misrepresenation and his desire to be with
me. My statement of extreme hardship
concentrated on the fact that I received my
college education in the U.S. and that I have a
really good job with excellent carrer
opportunities that would not be available to me
in Ireland.

Well my fiance just called to inform me that he
was standing outside of the embassy in Dublin
with visa in hand. He will arrive in Houston on
Christmas Eve. INS at Houston Intercontinental
will be our last hurdle.

I hope this information helps anyone who is in a
similar situation.

Katharine


Sent via Deja.com http://www.deja.com/
Before you buy.

lovea...@my-deja.com

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
Thank you so much for posting that! :)

My fiance overstayed his visa by only 179 days, but I've still been so
worried that it would ruin our chances of getting his visa.

We still haven't started the process since we keep running into
obstacles.

The latest is that he has lost his passport. That's the only thing he
has to prove how long his stay in the US was (meaning that it was under
the 180 days). He came into the country through Canada by bus and
doesn't have the ticket stub. He did, however, have his ticket from the
flight out of the country. He mailed it to me, though, several weeks
ago, but it still hasn't arrived. We're afraid his package got lost in
the mail somewhere between Australia and the US. The package also had
his signed bio form and other paperwork we needed.

I'm really not sure what to do at this point...but we're still trying!

I do have a question about your reason for extreme hardship...were you
saying that it was the fact that since your education and job
opportunities were here in the US, he didn't leave because you couldn't
go with him and still have a good job? So he stayed because he wanted
to be with you?

paulgani

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
On Wed, 22 Dec 1999 12:15:22 GMT kaco...@my-deja.com wrote:
> minutes later). So we had to prepare statements
> for the I-601. His statement concentrated on the
> fact that he was very sorry that for his overstay
> and misrepresenation and his desire to be with
> me. My statement of extreme hardship
> concentrated on the fact that I received my
> college education in the U.S. and that I have a
> really good job with excellent carrer
> opportunities that would not be available to me
> in Ireland.

Did you have to file just a single I-601 for both
violations, or one for each one?

Paul
--
Free audio & video emails, greeting cards and forums
Talkway - http://www.talkway.com - Talk more ways (sm)


paulgani

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
On Wed, 22 Dec 1999 14:36:49 GMT lovea...@my-deja.com wrote:
> Thank you so much for posting that! :)
>
> My fiance overstayed his visa by only 179 days, but I've still been so
> worried that it would ruin our chances of getting his visa.
>
It shouldn't. My wife overstayed 178 days, which was documented
by the stamps in her passport. The consular officer counted the days
several times, and even consulted a supervisor. He then told me that
we were lucky she hadn't stayed 2 days longer, and she got her visa.

DannaF5269

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
Hi Katharine,

Congratulations....may I ask how long this whole process took from start to
finish?

Happy holidays,

Danna

Starwind

unread,
Dec 22, 1999, 3:00:00 AM12/22/99
to
On Wed, 22 Dec 1999 14:36:49 GMT, lovea...@my-deja.com wrote:
>
>The latest is that he has lost his passport. That's the only thing he
>has to prove how long his stay in the US was (meaning that it was under
>the 180 days). He came into the country through Canada by bus and
>doesn't have the ticket stub. He did, however, have his ticket from the
>flight out of the country. He mailed it to me, though, several weeks
>ago, but it still hasn't arrived. We're afraid his package got lost in
>the mail somewhere between Australia and the US. The package also had
>his signed bio form and other paperwork we needed.
>

Two points:

One, if his experience entering by bus was like mine, he got off the
bus and went into a building to speak with the INS and Customs; the
INS *entered him into the computer* so *THEY* have a record of his
entry, even if you do not.

Two, the airline should be able to provide you with a duplicate
itinerary for the flight out. Call their customer service number and
ask.

SW.

lovea...@my-deja.com

unread,
Dec 23, 1999, 3:00:00 AM12/23/99
to

> It shouldn't. My wife overstayed 178 days, which was documented
> by the stamps in her passport. The consular officer counted the days
> several times, and even consulted a supervisor. He then told me that
> we were lucky she hadn't stayed 2 days longer, and she got her visa.

Well, my big concern was that since he's lost his passport, we had
stamp dates for them to count the days...

lovea...@my-deja.com

unread,
Dec 23, 1999, 3:00:00 AM12/23/99
to

> Two points:
>
> One, if his experience entering by bus was like mine, he got off the
> bus and went into a building to speak with the INS and Customs; the
> INS *entered him into the computer* so *THEY* have a record of his
> entry, even if you do not.
>
> Two, the airline should be able to provide you with a duplicate
> itinerary for the flight out. Call their customer service number and
> ask.
>
> SW.

Hmmm...thanks for the info! I'll ask him if he was entered into the
computer when he came into the country!

Good news..the package arrived today!! So I do have the ticket for his
flight home. :)

Reply all
Reply to author
Forward
0 new messages