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l43tr31

Interview for a K1 fiance visa with previous overstay

By l43tr31 in US Embassy and Consulate Discussion

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l43tr31 Rookie

l43tr31   0

Posted
Filed: Lift. Cond. (pnd) Country: Bulgaria
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Hi there!

I'm pretty new in this forum so I have the following question.

I was on my second J1 visa and I got into a car accident which was not my fault. I hired a immigration lawyer and filled for a humanitarion parole. At this time the lawyer assured me that I was legal and in process of waiting and I can stay. However I found out I can't apply for humanitaran parole from the US and everything got confused. Menawhile I was going with doctors and etc. and waiting for the result my application was sent from jurisdiction to jurisdiction all accross the US. Nobody from the USCIS couldn't take my case. I wated about 200 days and I left the country. My case was abounded and than I continued doing it from back home. The lawyer suggested me to go and apply for tourist visa with medical purpose. I got denial because all letters I presented in the interview were too old or at least this is what the officer told me. However I continued doing the humanitarian parole from home and I got all documentation from doctors with all new letter with statement that I need to get medical help in the US. However my application was denied.

6-8 months later my fiance (american citizen) applied for K1 visa and we got approved. I'm about to schedule the interview in the next couple of weeks. My concern is if my overstay will affect my interview and if I will get denial? I have all communication logs from my email with this lawyer who confused everything, all letters I have received from USCIS meanwhile waiting for the humanitarian parole...

...thanks a lot

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sounds more like a 3 year ban.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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l43tr31 Rookie

l43tr31   0

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Filed: Lift. Cond. (pnd) Country: Bulgaria
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Posted (edited)

When you applied for your tourist visa again did they mention a possible ban? It sounds like you have a possible 10 year ban. You're going to need an immigration at tourney. At least consult one.

The officer did not mention anything about ban... I have hired new attorney and now everything is going smooth. He prepared all documents for the K1 visa and he mention that I might need a waiver. He was wonder why on my interview for tourist visa the officer did not mention anything. I believe the officer should mention something for overstay. All she said was "Everything you have bring is very good but the letters from the doctors is too old...and we could not issue you tourist visa for medical reason"

Sounds more like a 3 year ban.

This is my concern right now. I was waiting over 1 year for the Humantarian parole, 7 months for the fiancee visa to get approved and if I need to apply for waiver will get even more complicated...

Edited by l43tr31
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Boiler Grand Master

Boiler   43,429

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Filed: K-1 Visa Country: Wales
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The ban would only matter if was going to approve the visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   43,048

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves the interview phase. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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