julieb

Please could any one let me know if I have any chance of having my 3 year bar waived? I overstayed on a visa waiver then tried to re enter US but they deported me...No cost incurred to US as I had return ticket...has any one else been through this.? If anyone has successfully had a bar lifted what was involved and how long did it take. We are both desperate to be together again and any help or advice is very welcome..!!

Michael E. Piston

If you are in fact eligible for a K-3 visa then the consulate is supposed to process you for a waiver under Section 212(d)(3)(A) of the Immigration and Nationality Act. However, the waiver will only be approved if the consul is persuaded that your USC spouse would suffer "extreme hardship" if you are not permitted to immigrate to the U.S., and that you are worthy of a favorable exercise of discretion.