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Ok .. i have screwed upnow i need advice.

Ok .. i have screwed upnow i need advice.

Old May 23rd 2001, 5:41 am
  #1  
bigpond
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Hi, I would like to thank you all for advice on my situation. I have a girlfriend in
the US and I enter the US with a vistitor visa. The visa was valid for 2years. I
didnt read the fine print that states i was only allowed to stay for 6 months
period. I stayed for approximently 13Months. On arriving back to Australia i noticed
my mistake and went to the consulet and told them of my mistake.(which i was told
was a mistake in itself). Anyway, Being honest i wanted to clear things up. The
consult immediately cancelled my visa and banned me. Even though i repeated stated
that i did not delibrately stay to break the law, and it was an honest mistake.
Anyway, it has been 1 year + now and my girlfriend and i after many phone calls and
HUGE bills has decide to get married. The first thing as i understand is that i have
to get unbanned from the US and then get a I-129F forms and fill them. My question
is, where can i find this unban form??? how should i go about fixing the mistakes
that i have made.???

Many thanks in advance Freeme
 
Old May 23rd 2001, 9:36 am
  #2  
^xRun^
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I could be wrong now, and I invite someone with more details to prove it... I belive
your mistake may have been registered as visa fraud. In that case, getting a fiance
visa could prove very difficult. Excludable people usually get excluded for a period
of 3 to 10 years, and in severe cases for life. I'd try and find out the timeframe
for your exclusion if I were you, withoug revealing any intent to go stateside either
to visit or immigrate. I have not heard of any way to make the INS change their mind
on this. Once you are on the books under the heading "fraud" you're pretty much out
of luck I'm afraid.

I'm not a lawyer... bla bla... not legal advice.

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Old May 23rd 2001, 5:34 pm
  #3  
Shelley
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I pretty sure there is a way to do this, unfortunately I don't know what it
is. I would suggest that you post your question at alt.visa.us.marriage-based I'm
sure someone there will have the answer for you. Take Care. Shelley

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Old May 27th 2001, 1:58 am
  #4  
Ed MacNeil
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Hi,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

What you need now is a waiver and obtaining one is definitely "lawyer work". If you
are not currently represented by an experienced immigration attorney and would like a
referral please let me know.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

bigpond wrote:

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Old May 27th 2001, 12:02 pm
  #5  
ctd123
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You did the right thing in telling them up front that you overstayed in the U.S. but
now you want to get married and will need a I-601 waiver along with your I-129F. The
process is simple and takes what ever the caseload is at the consulate you are
dealing with. Once your I-129F is approved and sent to the consulate (it is filled by
her not you) they call you in for an interview. During this interview they will tell
you of the need for a I-601 because of your overstay. You should have the forms and
the money order ($170US) with you. The I-601 is a request for a waiver due to
hardship to the U.S. citizen so you have to show how it will effect her if she has to
move to your country to live with you. Things like giving up her career, mom is sick,
medical treatment and so on.
 

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