2nd time k1 visa application..

[skarletluv 3]

Hi there! Is there anyone here who is applying for k1 visa for the second time? I am the beneficiary and was previously married but got divorced?

I’ve had applied my first k1 visa on March of 2013 but was granted the visa of April 2014.. i flew to the US on April 2014 and  got married July 2014.. To make it short the relationship didn’t work out though we tried work and save our relationship We decided to end it and I went back to my country on December of the same year.. we finally got divorced on July of 2015.. 

An on September of 2015 I met someone online and chatted for over a year became good friends and continued talking and became really close until we decided to meet in person.. he came to visit for the first time August of 2017 grew more closer with each other.. and came to visit me again on December 2017 and proposed to me on New Years Eve.. and now we have a baby on the way.. 

We applied for K1 visa again sent our package last Feb and have our NOA1..

Is my previous k1 application will affect my  current k1 application? I have been worried about it 🙁

[Ben&Zian 4,397]

5 minutes ago, skarletluv said:

Hi there! Is there anyone here who is applying for k1 visa for the second time? I am the beneficiary and was previously married but got divorced?

I’ve had applied my first k1 visa on March of 2013 but was granted the visa of April 2014.. i flew to the US on April 2014 and  got married July 2014.. To make it short the relationship didn’t work out though we tried work and save our relationship We decided to end it and I went back to my country on December of the same year.. we finally got divorced on July of 2015.. 

An on September of 2015 I met someone online and chatted for over a year became good friends and continued talking and became really close until we decided to meet in person.. he came to visit for the first time August of 2017 grew more closer with each other.. and came to visit me again on December 2017 and proposed to me on New Years Eve.. and now we have a baby on the way.. 

We applied for K1 visa again sent our package last Feb and have our NOA1..

Is my previous k1 application will affect my  current k1 application? I have been worried about it 🙁

 

Did you ever apply for adjustment of status (green card) or did you just remain in the US? Any out of status overstay (from time the 90 days ran out of your last K-1 or I-94 to when you left in December that year) may definately be brought up but not again a total killer.

 

Overall it won't really; but do expect extra scrutiny during the interview process as to why another American. Again can be overcome with good evidence of relationship.

[skarletluv 3]

2 minutes ago, Ben&Zian said:

 

Did you ever apply for adjustment of status (green card) or did you just remain in the US? Any out of status overstay (from time the 90 days ran out of your last K-1 or I-94 to when you left in December that year) may definately be brought up but not again a total killer.

 

Overall it won't really; but do expect extra scrutiny during the interview process as to why another American. Again can be overcome with good evidence of relationship.

Hi! Thank you for the reply..

but no we decided not to continue to apply for the AOS.. we got married April 2014 before the 90 days.. and i left the US came back to my country December of 2014.. we filed the divorce on April of 2015 and finally got divorced July 2015.. 

was I overstaying? 

[Ben&Zian 4,397]

1 minute ago, skarletluv said:

Hi! Thank you for the reply..

but no we decided not to continue to apply for the AOS.. we got married April 2014 before the 90 days.. and i left the US came back to my country December of 2014.. we filed the divorce on April of 2015 and finally got divorced July 2015.. 

was I overstaying? 

 

If you remained in the US after the expiration of the I-94 (the 90 days allotted from when you entered on the K-1), then yes you overstayed. As soon as the 90 days hit you became out of status. Depending on the exact date of when that was, you may have received (without your own knowledge) a three year ban; but you need to make sure of that. As to the ban anyways, it's over the three years since you left so it would be done with. As to what that could mean during the interviewing process I'm unsure, but you need to make sure to calculate your dates as specifically as possible to know if you did indeed receive that potential ban.

[skarletluv 3]

3 minutes ago, Ben&Zian said:

 

If you remained in the US after the expiration of the I-94 (the 90 days allotted from when you entered on the K-1), then yes you overstayed. As soon as the 90 days hit you became out of status. Depending on the exact date of when that was, you may have received (without your own knowledge) a three year ban; but you need to make sure of that. As to the ban anyways, it's over the three years since you left so it would be done with. As to what that could mean during the interviewing process I'm unsure, but you need to make sure to calculate your dates as specifically as possible to know if you did indeed receive that potential ban.

How am I supposed to know if I receive that potential ban? I have not receive any letter stating that I am ban for a certain time.. should I call the USEM in my country and tell them about it? I am very worried now 

[Ben&Zian 4,397]

3 minutes ago, skarletluv said:

How am I supposed to know if I receive that potential ban? I have not receive any letter stating that I am ban for a certain time.. should I call the USEM in my country and tell them about it? I am very worried now 

 

You don't get told it or any letter, you just get triggered in the system when you leave. Again though, you may not have, depends if you overstayed 6 months or more. That's why you need to establish exact dates. Now again though, the 3 year time frame would be over now anyways, so might not matter; but you may need some other documentation do to this. I'm not entirely certain, I know @geowrian may know more answers for this though.

[skarletluv 3]

3 minutes ago, Ben&Zian said:

 

You don't get told it or any letter, you just get triggered in the system when you leave. Again though, you may not have, depends if you overstayed 6 months or more. That's why you need to establish exact dates. Now again though, the 3 year time frame would be over now anyways, so might not matter; but you may need some other documentation do to this. I'm not entirely certain, I know @geowrian may know more answers for this though.

I just looked on to my old visa and it said: 

ISSUE DATE: April 7, 2014 

EXPIRATION DATE: September 4, 2014  

And as I calculated it I overstayed for 3months and 5 days because I got back December 9, 2014.. I hope @geowrian could get to read all of it and is able to help me.. 

[Mollie09 1,543]

12 minutes ago, skarletluv said:

I just looked on to my old visa and it said: 

ISSUE DATE: April 7, 2014 

EXPIRATION DATE: September 4, 2014  

And as I calculated it I overstayed for 3months and 5 days because I got back December 9, 2014.. I hope @geowrian could get to read all of it and is able to help me.. 

It's not related to the expiration date of your visa, the visa was void as soon as you used it. It's the expiration date of your I-94.

If you entered the US sometime in April 2014, you had 90 days of authorized stay after that entry, so probably until sometime in June/July 2014. Every day after that date is a day you overstayed. If you accumulated 180 days of overstay between that day and when you left, you have a ban.

[skarletluv 3]

16 minutes ago, Ben&Zian said:

 

You don't get told it or any letter, you just get triggered in the system when you leave. Again though, you may not have, depends if you overstayed 6 months or more. That's why you need to establish exact dates. Now again though, the 3 year time frame would be over now anyways, so might not matter; but you may need some other documentation do to this. I'm not entirely certain, I know @geowrian may know more answers for this though.

I really do appreciate you for taking time to answer all my questions and it helped me a lot.. I can understand that on my interview process the consul will ask me about my previous marriage and I’m going to be ready for that and be truthful with anything.. and I am confident and I can prove that my current relationship is genuine.. 

[skarletluv 3]

23 minutes ago, Mollie09 said:

It's not related to the expiration date of your visa, the visa was void as soon as you used it. It's the expiration date of your I-94.

If you entered the US sometime in April 2014, you had 90 days of authorized stay after that entry, so probably until sometime in June/July 2014. Every day after that date is a day you overstayed. If you accumulated 180 days of overstay between that day and when you left, you have a ban.

Hi there! Thank you for sharing your thoughts and knowledge..  

if it happens that I didn’t accumulate the 180 days? Say 158 days,

I’m still ban for 3 years?

Edited March 13, 2018 by skarletluv

[geowrian 22,335]

1 hour ago, skarletluv said:

I just looked on to my old visa and it said: 

ISSUE DATE: April 7, 2014 

EXPIRATION DATE: September 4, 2014  

And as I calculated it I overstayed for 3months and 5 days because I got back December 9, 2014.. I hope @geowrian could get to read all of it and is able to help me.. 

As noted, the time that matters is when your I-94 expired. You can check that here: https://i94.cbp.dhs.gov/I94/. it should be 90 days starting from when you entered the US.

The overstay starts at day 1 after the I-94. If you accrued 180 or more days of overstay, then you have a bar.

 

33 minutes ago, skarletluv said:

if it happens that I didn’t accumulate the 180 days? Say 158 days,

I’m still ban for 3 years?

Nope. At 179 days or less of overstay, you have no bar. You almost certainly won't get any kind of other non-immigrant visa anytime in the near future, but a K-1 (or immigrant visa) should be fine.

Be sure to carry some evidence of when you left the US to the interview...just in case they question it at all.

[skarletluv 3]

1 hour ago, geowrian said:

As noted, the time that matters is when your I-94 expired. You can check that here: https://i94.cbp.dhs.gov/I94/. it should be 90 days starting from when you entered the US.

The overstay starts at day 1 after the I-94. If you accrued 180 or more days of overstay, then you have a bar.

 

Nope. At 179 days or less of overstay, you have no bar. You almost certainly won't get any kind of other non-immigrant visa anytime in the near future, but a K-1 (or immigrant visa) should be fine.

Be sure to carry some evidence of when you left the US to the interview...just in case they question it at all.

Hi Geowrian! Thank you for your response I have here my I-94 and it says the expiration date is 11/30/2014. And I left the US December 2014.. I took a picture of it you might want to take a look at it.. is this enough evidence that I can bring on my interview? 

Edited March 13, 2018 by Ontarkie
Attachments removed do to personal information

[geowrian 22,335]

11 minutes ago, skarletluv said:

Hi Geowrian! Thank you for your response I have here my I-94 and it says the expiration date is 11/30/2014. And I left the US December 2014.. I took a picture of it you might want to take a look at it.. is this enough evidence that I can bring on my interview?

Thanks. Let me check the dates, but the admit until date was 7/25/2014. I just wanted to relay to please remove the image since it contains personal info. After 10 minutes, you can't edit and a mod needs to do it.

 

Edit: My calculation puts that at 137 days of overstay. So you should be fine.

Edited March 13, 2018 by geowrian

[Mollie09 1,543]

Expiration is 07/25/2014, so if you left before 01/21/2015 you didn't incur a ban.

Not sure where you got 11/30/2014.

 

[TNJ17 1,329]

2 hours ago, skarletluv said:

I just looked on to my old visa and it said: 

ISSUE DATE: April 7, 2014 

EXPIRATION DATE: September 4, 2014  

And as I calculated it I overstayed for 3months and 5 days because I got back December 9, 2014.. I hope @geowrian could get to read all of it and is able to help me.. 

That’s not how you calculate. It’s not from visa issued dat. It’s 90 days from POE. After your i94 date, you were overstaying and because you didn’t adjust status you were illegally there. If you stayed illegally there for 180 days or more you triggered a ban. But like others said if you triggered 3 years then it’s over. US immigration is not required to tell people they have a ban. You were wrong to overstay without adjusting status. If you were worried about your immigration status and how it could affect your future you should have adjusted status. I agree with others who say they may give you hel l at the interview because you are again engaged to another American even though you went back to your home country. You have to prove to them that you are not just trying to get your hands on a greencard and that your relationship is real. Having a previous K1 doesn’t disqualify you, but they may or may not give you hel l at the interview.