Kimberly

I have written several things on my daughters boyfriend in Mexico, so I won't go into all the details again. My main question is about the fiance visa. He entered illegally at age 16 and left at age 18 and 9 months. I realize there is a ban for staying past 18 and 6 months. What I am wondering is there a way he could get out of the ban for entering as a minor? Is there a waiver he could get since the overstay was so close to 18 and 6 months? I would really appreciate your advice. They want to do things legally.
Thank you,
Kim

Cloweii

He probably will not answer you because you specifically asked for him. Sorry
he will not give personal consultations

Kimberly

Thanks for the advice!
I would welcome anyones advice on this matter!
We really need some answers.
Kim

Folinskyinla

Hi:

I remember you. And even though addressed to me and I usually don't answer such questions, you ARE following up on prior string.

There IS a waiver -- but you have to go through the whole process, be denied and THEN file for the waiver.

BTW, the bar is only three years in this case. I hate saying "only" but it just might be the easiest and quickest way of dealing with the matter.

Kimberly

Should she file a fiance visa or go ahead and get married in Mexico first? What would be faster?
Thank you so much,
Kim

Kimberly

Another thing I was wondering, Is it a sure thing he will be denied because of the few months he overstayed?

Pallyn

In general, the K-1 is faster than either of the spousal visas. In other words, it should be quicker if they stay unmarried. They are going to have to contend with the waiver no matter which visa they choose.
I am not sure about forgiveness of the overstay, but want to wish them and you good luck and good faith. This will probably be a long ordeal either way.

MarthaMujica

I relative of mine overstayed 3 days after his allowed 3 months were expired. Two years later he arrived at the Atlanta Airport where was questioned and stopped by Immigration officials. He was returned to his home country from the airport and was told he was banned for 2 or 3 years from reentering the country. He was also told he should have requested or attempted to request additional stay time via immigration before deciding to stay longer.

Michael Voight

Kimberly wrote:
    >
    > Another thing I was wondering, Is it a sure thing he will be denied
    > because of the few months he overstayed?

He didn't "overstay" a visa as I recall, it was an illegal entry.
That would surely be noticed if they list all of his previous addresses.

Kimberly

Yes, it was an illegal entry at age 16.

Kimberly

Has anyone ever had a similar situation?

Christa

At age 18 and 9 months, filing a fiancé visa would be my preferred option.


"Kimberly" wrote in message
news:[email protected]...
    > Should she file a fiance visa or go ahead and get married in Mexico
    > first? What would be faster?
    > Thank you so much,
    > Kim
    > --
    > Posted via http://britishexpats.com