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sherafour

Fiance with previously overstayed visa

By sherafour in Waivers (I-601 and I-212) and Administrative Processes (221g)

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sherafour Apprentice

sherafour   0

Posted
Filed: K-1 Visa Country: Belize
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Posted

Hello,

My fiancé came here on a visitors Visa when he was 14 and stayed with a family member for 5 years. I was told that he overstayed his visa but was not a legal adult when he was sent here. He was attending school the entire time he was here and it has been about 3 1/2 years since he returned to his country. Will this affect our K1 visa and how/when would we disclose this information? During the interview or prior to it? He really had no control over the situation so I'm hoping that it won't be held against him.

Thanks!

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MacUK
MacUK

Mostly true, he was an innocent kid when he was taken to the US. When he turned 18 he was responsible for his own actions.

Soul Froosh
Soul Froosh

So he was supposed to be self aware of his situation, having been schooled and given a home somewhere by his parents in a state of innocence, to suddenly take charge of the situation and deport himsel

Soul Froosh
Soul Froosh

Knowing he was "illegal" is one thing (I'm not denying that), but being able to get on a plane at the age of 18 (cost?) and crash-landing somewhere with no home (?) is another. As you mentioned in a

Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Who made him leave?

Prior.

“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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Blossomman999 Explorer

Blossomman999   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

It's might affect K1 and might get deny for interview or they might put you in 221g too!!!

Sorry for telling this worst thing to you

★　Time Line　★
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19 Sep 2013 - Filed paperwork 　
23 Sep 2013 - USCIS received
30 Sep 2013 - Noa 1 Approved
15 Nov 2013 - Noa 2 Approved
30 Jan 2014 - Got letter from USCIS that"Your case has been requested and will be forwarded to NVC ,please allow 60 days before requiring with the NVC"
13 Feb 2014 - NVC received petition of approval

19 Feb 2014 - Got case number and already left NVC

3 Mar 2014 - Case ready

4 Mar 2014 - P3 sent

7 Mar 2014 - Received P4 ,only 2 more weeks to get interview ...

8 Mar 2014 - Medical Examination done

24Mar 2014 - Interview(Getting under 221g ) Please re-submit your medical exam to Panel Physician who must reflect your surgeries in the report.

24Mar 2014 - Re-submit again

31 Mar 2014 - AP

21 Apr 2014 - AP

01 May 2014 - AP

20 May 2014 - Ready

21 May 2014 - AP

21 May 2014- Visa Issued


ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ーー●ー●ー●ー●ー●ー●ー●ー●ー●

　　　　　　　　　　　　　　　　　　　　　　マイカル　wub.png 　ノーちゃん
　　　　　　　　　　　　　　　　　　　　 heart.gif 大成功　！！！　大成功 heart.gif
　　　　　　　　　　　　　　　　　　　　　　　　　素敵ねぇぇぇぇ
　　　　　　　　　　　　　　good.gif ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★good.gif

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

It's might affect K1 and might get deny for interview or they might put you in 221g too!!!

Sorry for telling this worst thing to you

Why?

“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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sherafour Apprentice

sherafour   0

Posted
Filed: K-1 Visa Country: Belize
 Timeline
  • Author
Posted

It's quite complicated but he was not forced to leave. He went back to his country to be with family. He was young and didn't really know much about his own Visa situation at the time. Is there something I can do in advance to disclose this information and avoid further processing time in the future?

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Blossomman999 Explorer

Blossomman999   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

But you can try then you will see what's gonna happen when they figure out your interview.

If you have strongly reason enough why your fiance have to overstayed visa,Explain them the truth thing,then you would know the Final decision.

Good luck !!!

★　Time Line　★
●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ーー●ー●ー●ー●ー●ー●ー●ー●ー●

19 Sep 2013 - Filed paperwork 　
23 Sep 2013 - USCIS received
30 Sep 2013 - Noa 1 Approved
15 Nov 2013 - Noa 2 Approved
30 Jan 2014 - Got letter from USCIS that"Your case has been requested and will be forwarded to NVC ,please allow 60 days before requiring with the NVC"
13 Feb 2014 - NVC received petition of approval

19 Feb 2014 - Got case number and already left NVC

3 Mar 2014 - Case ready

4 Mar 2014 - P3 sent

7 Mar 2014 - Received P4 ,only 2 more weeks to get interview ...

8 Mar 2014 - Medical Examination done

24Mar 2014 - Interview(Getting under 221g ) Please re-submit your medical exam to Panel Physician who must reflect your surgeries in the report.

24Mar 2014 - Re-submit again

31 Mar 2014 - AP

21 Apr 2014 - AP

01 May 2014 - AP

20 May 2014 - Ready

21 May 2014 - AP

21 May 2014- Visa Issued


ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ー●ーー●ー●ー●ー●ー●ー●ー●ー●ー●

　　　　　　　　　　　　　　　　　　　　　　マイカル　wub.png 　ノーちゃん
　　　　　　　　　　　　　　　　　　　　 heart.gif 大成功　！！！　大成功 heart.gif
　　　　　　　　　　　　　　　　　　　　　　　　　素敵ねぇぇぇぇ
　　　　　　　　　　　　　　good.gif ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★good.gif

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nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

It could be that a k1 visa might get approved, despite the prior overstay. When anyone asks, obviously tell the truth, explain what happened, and see what they say. Particularly since your fiancé was a minor the whole time (under 21) he may not be held to the same standards as an adult.

If you are refused, you will need to file for a waiver, at which time I would hire a lawyer. But you probably don't need one for the original petition.

Go ahead and file. You can apply for the waiver if and when you are denied.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

That is when 3 kicks in.

“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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sherafour Apprentice

sherafour   0

Posted
Filed: K-1 Visa Country: Belize
 Timeline
  • Author
Posted

He left when he was 19. I am hoping that the fact that he was a minor the entire time is considered. Thanks to everyone for the information this far.

Just to confirm, we should just wait until the interview to disclose this?

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He was a minor until he was 18.

“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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belinda63 Experienced

belinda63   2,981

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Overstay time begins when he turned 18. If he overstayed by 180 days to 364 days he has a three year ban. overstay of 365 days or more after he turned 18 is a 10 year ban. If the ban has not been served out he will be denied the visa and told he can apply for an I-601 waiver.

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Boiler Grand Master

Boiler   43,425

Posted
Filed: K-1 Visa Country: Wales
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Posted

Fill out?

Prepare would be a better term.

“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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