One of my in-laws is a from abroad and overstayed her tourist visa for nearly six years before returning to her home country. Apparently she has incurred a 10-yr ban. Two years have passed. She is now engaged to a USC who is planning on marrying her in her country this summer.

Can anyone give advice on how difficult it is to obtain the waiver? Her American fiance is planning on staying in the country until the waiver comes through.

(Also, since returning home she has lost her I-94 card and her old passport that she used to get into the country. Her old passport expired while in the US and she obtained a new one from her country's consulate.)

Thoughts?? Time frame?? Guesses??

-Thanks

Hello Jones and welcome to ILW

Didn't she hand in her I-94 when she left the US. Usually the I-94 has to be handed in upon departure.

If and when she enters the US, she will be given a new I-94.
Immigration will have the I-94 details on their system if she handed it in.

I'm sorry I don't know the answer to your main question, but I am sure that someone will come along and give it. If not tonight, someone will tomorrow, please check back

Depends which country, on average a couple of years.

Regarding the post from "Sprint_girl07":

She didn't turn in her I-94 card upon exiting. She did give a finger or thumb print.

Does anyone think that a trying to get a waiver through the fiance visa would be easier than via spousal?

("Theone" and "Sprint_girl07"-thanks for your help.)

if the USC spouse thinks that by staying in his vias-cheating illegal alien's country will somehow 'speed up' the waiver, he is mistaken. His location on the planet is not relevant to the adjudication of a waiver....plan on about two years....

yo no se nada de eso

Why did this person overstayed the visa? There is meaning to expiration of the stay. By not obeying it in the first place, they broke the immigration law and now they want to by pass the system getting engaged to USC. Wow....if it is a love then USC can move to her country. That should speed things up to be closer.