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Tourist Overstay and K1-visa interview

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Hi, I couldn't find anything under this so i figured why not ask. I'm a US citizen applying for my fiancé to come join me. We have already been approved (sent the application june 28, received on july 2 and approved july 29th) and the application in now with the NVC.

My fiancé entered the UK with a tourist visa and he has overstayed more than 3 years now. In our application we stated that he would be going back home for the interview but I'm hearing that as long as he is still in the UK and he entered legally, the US embassy will still give him an interview there. How true is this? Can we change our location back to the UK if this is true, or is it too late to make that change? Anybody with any information should please let me know.

Thanks guys!

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I never heard of that, where did you hear it?


“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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Where is your fiance from and is he legally resident in the UK?


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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As far as I'm aware a beneficiary may interview in another country only if they are legally resident in that country.

So going by that then your fiance would need to return to Ghana.


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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Oh ok. Thank you very much MacUk. Does he need a police report before he leaves the country? Also we are planning on waiting till he gets an interview to leave the UK. Is it possible to have the medical exams done in the UK before he goes to Ghana?

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Oh ok. Thank you very much MacUk. Does he need a police report before he leaves the country? Also we are planning on waiting till he gets an interview to leave the UK. Is it possible to have the medical exams done in the UK before he goes to Ghana?

I'm sorry but I don't know about those things but I'm sure there are others on here who will


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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I am not sure how sticklers the UK are for rules but you are supposed to interview at a place you have a right to be at. ( meaning you have legal resident status) Tourist visas are not considered valid status. That being said he will need a UK police report because he has lived there more than 6 months legal or not.


This will not be over quickly. You will not enjoy this.

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He would need a Police Certificate from the UK and from Ghana.

From what I have been reading K1's are very hard to get in Ghana, very different to being able to go through London.


“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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NigeriaorBust Thank you for the information. I'll let him get one. What exactly should he say to obtain the police report?

For the UK Police certificate you can apply online. It costs about £45 for one and £55 for two copies.

https://www.acro.police.uk/police_certificates.aspx

He can apply for these from the UK or from Ghana. They post internationally.


History
Nov 2005 - Became friends online...... Oct 2006 - Met in person for the first time...... May 2014 - Became girlfriends...... Nov 2014 - I asked her...... Apr 2015 - She asked me


K-1 Visa
2 May 2015 - Mailed I-129F
7 May 2015 - NOA1 received. We got California! (+5 days)
18 June 2015 - NOA2 received. (+6 weeks)

14 July 2015 - NVC received. Had to call them. (+26 days)

23 July 2015 - NVC sent case to Embassy in Dublin. Also had to call the NVC. No notice in mail from NVC and CEAC website still said "At NVC" for 3 more days. (+9 days)

30 July 2015 - Dublin Embassy received case. (+1 week)

31 July 2015 - Packed 3 received after requesting it. It was emailed to Irish Beneficiary. They never contacted US Petitioner as they said they would, probably because I was emailing them already. (+1 day)

4 Aug 2015 - Notification of Readiness emailed to embassy. (+4 days as I had to wait to print necessary documents).

5 Aug 2015 - Medical. Booked before Embassy received case. (Appointment was 9 days after I called to make it)

12 Aug 2015 - Packet 4 received. Notified of interview date. (+8 days after Notification of Readiness was sent).

21 Aug 2015 - INTERVIEW! (+17 days after Notice of Readiness was sent; +22 days after embassy received our case; +106 days, or 15 weeks 1 day, since NOA1)

28 Aug 2015 - Visa Recieved in the mail. (+1 week since interview)

23 Sept 2015 - POE Orlando, FL

9 Oct 2015 - Applied for SSN

17 Oct 2015 - SSN recieved in mail.

19 Nov 2015 - MARRIAGE!

16 Dec 2015 - Filed for AOS/EAD/AP

14 Jan 2015 - Biometrics appointment (+1 month)

13 Feb 2015 - GC ISSUED! (+1 month) NO INTERVIEW! And no EAD/AP issued!

For a detailed account of my Medical experience, read my blog post HERE

For a detailed account of my Interview in Dublin, read it HERE

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The Foreign Affairs Manual says he should apply in his place of "residence", for both nonimmigrant visas and immigrant visas, and that his legal status in that country is irrelevant.

9 FAM 42.61 N1.2

INA 101(a)(33) states, in part: “The term “residence” means the place of general abode; the place of general abode of a person means his or her principal, actual dwelling place in fact, without regard to intent.” If an alien can show that his or her “principal, actual dwelling place” is or was in a specified country, the fact that the alien does/did not have, or intend to have, the status of a lawful permanent resident or any other legal status in that country is not relevant.

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