Waiver-Overstay and form DS156

[Zorek]

Hello,

Im currently on the K1 visa process and i was wondering if i will need to file a I-601 Waiver form for a 51 days overstay in the past.

As far as I know only overstays of more than 180/365 days need to file this form according to the Instructions form.

I also found this:

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more


So according to form DS-156, question 38, bullet #4:

Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?

Am i an unlawfully present alien still with an overstay of 51 days?


Any advice is appreciated

[nichole]

So according to form DS-156, question 38, bullet #4:

Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?

YES, you were unlawfully present during your overstay.