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Natasha vaitl

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hi, there i am trying to figure out how long my ban is. as i was thinking it was three years but was now told its 10 years. i entered the US on the 29th of Jan 2013 and left the US on the 2nd of April 2014. when do they start calculating an overstay? cause technical i was in the US legally for 3 months after which i was there illegally for 11. or do they count from the day i arrived? thank you

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14 minutes ago, Natasha vaitl said:

hi, there i am trying to figure out how long my ban is. as i was thinking it was three years but was now told its 10 years. i entered the US on the 29th of Jan 2013 and left the US on the 2nd of April 2014. when do they start calculating an overstay? cause technical i was in the US legally for 3 months after which i was there illegally for 11. or do they count from the day i arrived? thank you

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

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)

 

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24 minutes ago, Suss&Camm said:

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

 

thank you for your reply, is there a way for me to find out when my i-94 expired? because i thought that it was always 90 days after entering because i entered on an esta tourist visa

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Filed: Citizen (apr) Country: Ireland
Timeline

Look in your passport- the stamp in there should have a date on it.

 

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

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Filed: Other Country: United Kingdom
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3 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

 

What exactly have you had an interview for and what was said?

 

Going by the timeline you stated you overstayed by less than a year so the ban period was 3 years from when you left.

That ban doesn't finish until next month.

 

If it's a non-immigrant visa you're applying for then even after the ban is over you can still be denied because of the overstay under sect. 214(b).

Previous breaking of the rules increases the presumption of immigrant intent.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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2 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

To be honest, I think you have the 10 year ban. You are too close to 1 year to make that argument. Any immigration official reviewing your case can make that call and it sounds like they did. You are trying to use technicalities to reduce the amount of retribution you receive.

 

Think of it this way, immigration puts the human interaction in the process for a reason. CO conduct interviews and are trained to see if the applicant are truthful and sincere or has a risk. Officials review cases and see if a person has a pattern of bad judgement. If everything in immigration was 100% technical, there would be no need for interviews.

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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1 hour ago, Suss&Camm said:

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

I can't edit anymore,  but ofc it's supposed to say "over 180 days" not "up to"

21 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

Well.. like someone said even if it was 3 years, those years aren't up yet. I suppose it's possible that they got it wrong and it would be 3 and not 10... but even if it were so, applying right when the time is up, might be perceived as just wanting back in the country. Also as Nuestra mentioned... after a ban is up, they would very much like to be convinced that you have learned smth and would not make the same decision again. Being able to visit the US is a privilege, as visiting any other country...and not a right, which makes it hard to "fight", since you have no real rights in the matter. 

Ofc you can always apply again in a while and make sure you have good evidence of why you have to return etc. Provided it was 3, and not 10 years.

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)

 

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1 hour ago, MacUK said:

 

What exactly have you had an interview for and what was said?

 

Going by the timeline you stated you overstayed by less than a year so the ban period was 3 years from when you left.

That ban doesn't finish until next month.

 

If it's a non-immigrant visa you're applying for then even after the ban is over you can still be denied because of the overstay under sect. 214(b).

Previous breaking of the rules increases the presumption of immigrant intent.

 

i was applying for a visit visa and i was completely honest at the interview. said i had overstayed because i was young and stupid fell in love overstayed cause we thought it was the best thing to do at the time. then i had to leave cause of family issues and my now fiance and i figured we'd just move away together and figure it out later. now he's had to move back because of a family matter. it's just bad timing that it's exactly when the 3 years are up but was hoping to go visit him. but the ladies now said because i overstayed 1 year and 2 months i have a ten-year band so i was just wondering if it would make a difference if i told them that it wasn't 1 year and 2 months. i'll probably have to look at getting a lawyer and try to get a waiver. 

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2 minutes ago, Natasha vaitl said:

i was applying for a visit visa and i was completely honest at the interview. said i had overstayed because i was young and stupid fell in love overstayed cause we thought it was the best thing to do at the time. then i had to leave cause of family issues and my now fiance and i figured we'd just move away together and figure it out later. now he's had to move back because of a family matter. it's just bad timing that it's exactly when the 3 years are up but was hoping to go visit him. but the ladies now said because i overstayed 1 year and 2 months i have a ten-year band so i was just wondering if it would make a difference if i told them that it wasn't 1 year and 2 months. i'll probably have to look at getting a lawyer and try to get a waiver. 

Why not just do the K1?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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With a waiver it is doable.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Canada
Timeline

Yes. Apply for the K-1 CR-1 visa, attend the interview, it will get denied, however afterwards you can file for a waiver.

 

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

 

You'll need to be married first.

Edited by zilchfox

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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Filed: K-1 Visa Country: Wales
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You have a 3 year ban that is not up until next month and even then are unlikely with that history to obtain a non immigrant visa.

 

There is a waiver for non immigrant visa's but you have to be otherwise eligible to be recommended for one.

“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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