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Previous overstay and k-1 visa application

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Filed: Other Country: Ghana
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I am new to this platform and I am hoping to find some answers from here.

I last entered the USA on the 1/03/2012 on a B1/B2 visa and I was supposed to have left the USA by the 31/08/2012. However, I overstayed. I left the USA on 13/04/2013, which means I overstayed for about 8 months which incurs an automatic 3 year ban. I have not tried to go back to the USA since. I had met a lady during my last visit and we intend to get married for which reason she intends to apply for a K-1 visa for me. It has been more than 3 years since I left the USA, would the previous overstay eventhough its been more than 3 years still pose a problem for the k-1 application process and for my interview? Does anyone have any ideas or has someone had a similar experience? Please help.

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Filed: Citizen (apr) Country: Mexico
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If it has been over 3 years since you left the US, then your bar time would over, so that in itself would not make you ineligible for a K-1.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: IR-1/CR-1 Visa Country: Ghana
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Perhaps your fiancée had visited you after you left the US. It would have been good if you guys had married and file cr1 it would have been much better to prove you are not just trying to go back to US by all means. As for the over stay it wount be an issue since the barred time had elapsed. The system will automatic release you from being barred, but mind you that you have to be ready to explain to the visa officer why you over stayed.

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Filed: Other Country: Ghana
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But... if you met a lady during your last visit in the US (3 years ago), she can't fill K-1, since you haven't met face to face in the last 2 years.

You are right, we havent met since I left but we intend to meet before she files for the K-1 since we realised that is a requirement for the k-1.

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Filed: Other Country: Ghana
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Perhaps your fiancée had visited you after you left the US. It would have been good if you guys had married and file cr1 it would have been much better to prove you are not just trying to go back to US by all means. As for the over stay it wount be an issue since the barred time had elapsed. The system will automatic release you from being barred, but mind you that you have to be ready to explain to the visa officer why you over stayed.

Thanks for your respose. My fiancé is yet to visit me. She will be visiting my home country in February, 2017. I have been trying to do some research since we decided to marry and live together, and learned CR1 takes longer to process than K-1 and that is why we are thinking of that route.

I am also worried that it might seem I am trying to get back at all cost. I travelled twice to the USA on an 2 years F1 visa. Then travelled 3 times on a 5year B1/B2 visa. As at the last time I was leaving USA in 2013 my B1/B2 visa was expiring in 2016 eventhough technically I knew I could not return on that visa because I has overstayed my last visit. But I am wondering if my previous visits wont account to anything as if I had intensions of staying I would have stayed in any of those visits and not returned?

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Filed: Other Country: Ghana
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Perhaps your fiancée had visited you after you left the US. It would have been good if you guys had married and file cr1 it would have been much better to prove you are not just trying to go back to US by all means. As for the over stay it wount be an issue since the barred time had elapsed. The system will automatic release you from being barred, but mind you that you have to be ready to explain to the visa officer why you over stayed.

Since she is yet to visit in Feb, 2017 would you advise that we get married in my home coutry and then apply for CR1? And would that be enough to prove I am not trying to go back by all means??????

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Since she is yet to visit in Feb, 2017 would you advise that we get married in my home coutry and then apply for CR1? And would that be enough to prove I am not trying to go back by all means??????

May I ask under what circumstances you finally decided to leave? Have you and your now fiancée been in constant contact since you left? At what point did you decide to marry? Why isn't she coming to live with you instead?

These are all questions that a IO likely will ask you to determine intent. You need to have clear and honest answers to them.

I over-stayed when I was younger, and I am now married and going through AOS. It was never an issue although it was raised both in writing (DS-160) and at consulate interview.

I didn't meet my now husband over there though. That is another dimension to your situation. I hope you find the answers you need to be with your lady :) Good luck

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Filed: IR-1/CR-1 Visa Country: Ghana
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With your case now I suggest you don't get married at her first visit. Am using myself as an example, got married the first time my wife was here and the embassy had big issues with that and coupled with some issues which should not be an issue they refused me visa at that and returned my case back. We had to fight for it to be reaffirmed. So wen she visit and go let her do the K visa for you or you let her come back after few months then you can marry and do the cr1. My opinion though.

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Filed: K-1 Visa Country: Ghana
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Sometimes at around or after the 4 year mark they wonder why you didn't marry after all that time and deny for whatever reason. I think only if you have overwhelming evidence for the K1 you should try it, like you should front load and try to do it that way. Use pictures, ring receipts, letters you have mailed to each other, address the overstay issue in a cover letter maybe and the whole nine. But since you haven't seen her in 3 years, it might be difficult to get because you may not have collected all this up until now. If not then I would suggest you guys marry and do CR-1, still address the overstay issue, get a good timeline of the relationship, all the concrete evidence that shows that you guys are married, possessions and such and hopefully more visits with more pictures. Even letters from family and friends vouching for the relationship couldn't hurt. Now is the time to evaluate the evidence you believe you can get including lots of face time and make the decision.

K-1 Visa Journey: :wub:

05/24/2016 -- I-129F mailed to Lewisville, TX

05/27/2016 -- I-129F delivered to Lewisville, TX

06/01/2016 -- NOA1 email and text, case routed to USCIS California Service Center

06/02/2016 -- Check Cleared

06/06/2016 -- Form I-797C/NOA1 received in the mail

08/08/2016 -- Petition Approved (68 Days)

08/13/2016 -- Form I-797/NOA 2 received in the mail

08/19/2016 -- NVC case received and Case ID assigned

09/01/2016 -- Consulate received

10/19/2016 -- Packet 3 & 4 received

01/04/2017  -- Interview--> Approval!! :dancing:

02/21/2017  -- POE :clock:

 

 

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Filed: Citizen (apr) Country: Ghana
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Since she is yet to visit in Feb, 2017 would you advise that we get married in my home coutry and then apply for CR1? And would that be enough to prove I am not trying to go back by all means??????

I would advice against the CR1 option for you. The reason is this would be her first visit to Ghana and the first time you've seen each other in person in several years. The CO would likely view it as you two got married on the first trip, which is considered a red flag. There are quite a few couples on here who have been denied for that very reason. I would suggest enjoy the time together in February....take lot of pictures...apply for the K1....and see if she can make another trip to Ghana before the interview. This is a tough embassy that will denied you for any reason. Good luck!
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K1 would be a bit tougher; a denied K1 wastes time.. CR1 is a less riskier bet from ghana based on OP's experience.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: K-1 Visa Country: Ghana
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You're the group of people that make visa acquisition in ghana so hard. Why do u have to overstay and just make others go through hell in their visa process

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Filed: AOS (apr) Country: Saudi Arabia
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You're the group of people that make visa acquisition in ghana so hard. Why do u have to overstay and just make others go through hell in their visa process

People overstaying in America doesn't make the Ghana embassy so hard. It's the amount of fraud that comes out of Ghana. Don't blame one person for making the Ghana process hard. That's unfair, as the issues in Ghana have been there way before this person overstayed.

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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Filed: K-1 Visa Country: Wales
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No rush take your time schedule a few visits.

“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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