Waiver or Not!!!!!?????????
Jan 13th 2004, 10:16 am
#1
Just Joined
Thread Starter
Joined: Aug 2003
Posts: 20
Waiver or Not!!!!!?????????
Hello
I had my Interview on Dez.22.03 for the K 3 Visa, well what happend is that the Consulate thinks that I overstayed my J1 Visa back in 1994. they think that I never left the country.
The consul officer told me that I should send them all information what I have that i was back home.
What I did, I send them my work refrences,Tax etc.
I try to remember that I might overstayed my Visa for 2 weeks.
The Officer told me that he will have to wait to get my file from the Immigration to see what they have on me, then he will dicide I get the Visa or not.
My question know is lets say I overstayed the Visa for 2 weeks nearly 10 years ago, could they really say I have to appley for a waiver?Thanks for any help.
I had my Interview on Dez.22.03 for the K 3 Visa, well what happend is that the Consulate thinks that I overstayed my J1 Visa back in 1994. they think that I never left the country.
The consul officer told me that I should send them all information what I have that i was back home.
What I did, I send them my work refrences,Tax etc.
I try to remember that I might overstayed my Visa for 2 weeks.
The Officer told me that he will have to wait to get my file from the Immigration to see what they have on me, then he will dicide I get the Visa or not.
My question know is lets say I overstayed the Visa for 2 weeks nearly 10 years ago, could they really say I have to appley for a waiver?Thanks for any help.
Jan 13th 2004, 10:36 am
#2
Charlie Tuna
Joined: Jun 2003
Location: Sacramento, Ca
Posts: 1,387
Re: Waiver or Not!!!!!?????????
I had an overstay of 2 years (I know this is a lot more then a couple of weeks), yet it was my responsibility to show it was only 2 years. I had spent 5 years in the USA, and had originally gone through the AOS but abandoned my application (not really that simple but for this the details aren't really that important). I had to prove exactly when I became classed as overstaying otherwise the ConOff was going to accept that I had been illegal the whole time I was there.
Once I had proved the date that I left things became a lot easier.
If at any time the ConOff had overlooked my overstay, I would myself have asked to apply for a waiver.
I'm not sure how they view an overstay of a couple of weeks but I do know that even if the consulate overlook it and issue a visa, the immigration officers at your POE can still refuse you entry on the grounds of an overstay, hence I wanted to be sure that issue was resolved completely before I even attempted to enter the USA.
Your best course of action would be to give the consulate everything they ask for, and if necessary file the waiver. Remember they are god-like, its a good way of dealing with them.
Once I had proved the date that I left things became a lot easier.
If at any time the ConOff had overlooked my overstay, I would myself have asked to apply for a waiver.
I'm not sure how they view an overstay of a couple of weeks but I do know that even if the consulate overlook it and issue a visa, the immigration officers at your POE can still refuse you entry on the grounds of an overstay, hence I wanted to be sure that issue was resolved completely before I even attempted to enter the USA.
Your best course of action would be to give the consulate everything they ask for, and if necessary file the waiver. Remember they are god-like, its a good way of dealing with them.
Jan 13th 2004, 12:35 pm
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Waiver or Not!!!!!?????????
Originally posted by vally
Hello
I had my Interview on Dez.22.03 for the K 3 Visa, well what happend is that the Consulate thinks that I overstayed my J1 Visa back in 1994. they think that I never left the country.
The consul officer told me that I should send them all information what I have that i was back home.
What I did, I send them my work refrences,Tax etc.
I try to remember that I might overstayed my Visa for 2 weeks.
The Officer told me that he will have to wait to get my file from the Immigration to see what they have on me, then he will dicide I get the Visa or not.
My question know is lets say I overstayed the Visa for 2 weeks nearly 10 years ago, could they really say I have to appley for a waiver?Thanks for any help.
Hello
I had my Interview on Dez.22.03 for the K 3 Visa, well what happend is that the Consulate thinks that I overstayed my J1 Visa back in 1994. they think that I never left the country.
The consul officer told me that I should send them all information what I have that i was back home.
What I did, I send them my work refrences,Tax etc.
I try to remember that I might overstayed my Visa for 2 weeks.
The Officer told me that he will have to wait to get my file from the Immigration to see what they have on me, then he will dicide I get the Visa or not.
My question know is lets say I overstayed the Visa for 2 weeks nearly 10 years ago, could they really say I have to appley for a waiver?Thanks for any help.
Don't forget that overstays before April 1, 1997 did not incurr any penalties. So any time of overstay is pretty irrelevant. If you were subject to the 2 year FRR, you have to show you were in your home country for 2years after departure.
