2nd time k1 visa application..

[skarletluv 3]

21 minutes ago, geowrian said:

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.

@geowrian thank you very much for making yourself free to answer all my concerns you are a big help to me.. thank you 

[skarletluv 3]

45 minutes ago, geowrian said:

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.

 

22 minutes ago, TNJ17 said:

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. 

Hi! Yes I am completely aware how it is calculated because someone have explained it to me.. if you could read my first post the relationship didn’t work though we tried and we decided to part ways.. if I wanted to get a green card I should have stayed there and pretend the marriage is ok but I did not because we are both know the relationship won’t work and it’s best for us to parted ways so I came back to my country because I know it is the right thing to do.. and I’m confidently can prove that my now relationship is real and genuine.. 

Edited March 13, 2018 by skarletluv

[skarletluv 3]

40 minutes ago, Mollie09 said:

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.

 

@Mollie09 I got the 11/30/2014 on the top right it says Expiration date so I’d thought it’s the visa expiration date.. by the way thank you very much as well for answering my questions you too is a big help.. 

[Mollie09 1,543]

2 minutes ago, skarletluv said:

@Mollie09 I got the 11/30/2014 on the top right it says Expiration date so I’d thought it’s the visa expiration date.. by the way thank you very much as well for answering my questions you too is a big help.. 

That's the expiration date for the form. Your period of authorized stay was indicated by the "Admit Until Date"

[ALIENRJ187 43]

I previously applied for a K1 for my ex-fiance.  I cancelled the process about a week before she went to her interview to get the fiancee visa.  I cancelled it because I learned she was lying and cheating on me, and I wasn't going to have any of that.  They were quite expedient about cancelling everything too.  The second one I did was with my wife back in 2015 and it went through without any problems.  Just make sure when the question on the K1 asks if you've ever filed before, you say yes and you list everything they ask for about it on those extra pages.  Like reason for denial, old WAC#, dates, etc.  My wife got through fine so it shouldn't be much of a problem.

[bad4tatt 168]

18 hours 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.

Actually you are incorrect. The 90 days K1 is the time frame they need to get married. The beneficiary does not have to file for AOS they can just leave the country. All the K! visa is, is a visa to allow the person to come to the US and get married. This information is on the USCIS website and I encourage everyone that is in some kind of processing to go to the site and get correct information...

[Mollie09 1,543]

22 minutes ago, bad4tatt said:

Actually you are incorrect. The 90 days K1 is the time frame they need to get married. The beneficiary does not have to file for AOS they can just leave the country. All the K! visa is, is a visa to allow the person to come to the US and get married. This information is on the USCIS website and I encourage everyone that is in some kind of processing to go to the site and get correct information...

All that @Ben&Zian said was correct, they didn't say anything about filing for AOS. If you enter on a K1 you have 90 days of authorized stay. If after 90 days you don't

a) leave the country OR

b) file for AOS

you are present in the country illegally and it doesn't matter whether you are married or not.

[NovaDC 270]

4 hours ago, bad4tatt said:

Actually you are incorrect. The 90 days K1 is the time frame they need to get married. The beneficiary does not have to file for AOS they can just leave the country. All the K! visa is, is a visa to allow the person to come to the US and get married. This information is on the USCIS website and I encourage everyone that is in some kind of processing to go to the site and get correct information...

Exactly what i was thinking. 90 days is the time frame that you need to get married not to adjust status. I applied for AOS after the 90 days and but got married 24 days after i get here in the US and i never had a problem with my application for AOS. 

[NovaDC 270]

In my opinion,her not adjusting her status yet ending the marriage and going home in the Philippines just shows that she is not aftering the green card. She can use that as an evidence that her previous marriage was in good faith

[Sunnyland 639]

5 minutes ago, NovaDC said:

In my opinion,her not adjusting her status yet ending the marriage and going home in the Philippines just shows that she is not aftering the green card. She can use that as an evidence that her previous marriage was in good faith

 

 I totally agree. At least she went home when relationship was not working. Unfortunately USCIS also might question her why another US citizen so soon after the other relationship did not work. She has to be prepared for any questioning. Just in case. 

[Elvis&Sky 26]

A lot of wrong info in this topic, to the person who started the discussion, you are fine you are not under any ban if your timeline is correct, the 90 days rule apply ONLY for you to get marry to the petitioner, there is not a time frame to AOS, after you get married within the 90 days you’re allowed to remain in the country indefinitely, the thing is that you fall in an immigration limbo, even though you’re allowed to stay you’re without a status and if you leave the country (which you did) you surrender your oportunity to AOS.

[geowrian 22,335]

29 minutes ago, Elvis&Sky said:

A lot of wrong info in this topic, to the person who started the discussion, you are fine you are not under any ban if your timeline is correct, the 90 days rule apply ONLY for you to get marry to the petitioner, there is not a time frame to AOS, after you get married within the 90 days you’re allowed to remain in the country indefinitely, the thing is that you fall in an immigration limbo, even though you’re allowed to stay you’re without a status and if you leave the country (which you did) you surrender your oportunity to AOS.

Yes and no.

 

The 90 days of legal status upon entry on the K-1 visa allows you to be in the US legally for that time period. You can marry or not in that time period. If you do marry within that time period, you are permitted to file for AOS based on that marriage (without needing an I-130 petition). This can be filed at any point after the marriage while still in the US. That said, after the 90 days and without filing for AOS, you would be out of status and deportable - married or not.

 

So yes, there's no time limit to file for AOS. But no, you are not permitted to remain in the country indefinitely. You must file for AOS to gain authorized stay...until then, you're in the same position as anybody else who has overstayed their visa (technically deportable, but not a priority for ICE in itself).

If somebody were to accrue 180+ days of unlawful presence and exit (without AP), they would incur the 3/10 year bars just like anybody else. Accrual of unlawful presence pauses while AOS is pending (i.e. staying 170 days past your I-94 then filing for AOS would not result in a bar upon exit after day 180, even without AP...it would just abandon the AOS application).

Edited March 14, 2018 by geowrian

[NovaDC 270]

1 hour ago, Sunnyland said:

 

 I totally agree. At least she went home when relationship was not working. Unfortunately USCIS also might question her why another US citizen so soon after the other relationship did not work. She has to be prepared for any questioning. Just in case. 

That’s true. I’m sure she’ll be asked regarding that. Well, as long as she’s going to give an honest answer I’m sure she’ll be fine. 

[Elvis&Sky 26]

59 minutes ago, geowrian said:

Yes and no.

 

The 90 days of legal status upon entry on the K-1 visa allows you to be in the US legally for that time period. You can marry or not in that time period. If you do marry within that time period, you are permitted to file for AOS based on that marriage (without needing an I-130 petition). This can be filed at any point after the marriage while still in the US. That said, after the 90 days and without filing for AOS, you would be out of status and deportable - married or not.

 

So yes, there's no time limit to file for AOS. But no, you are not permitted to remain in the country indefinitely. You must file for AOS to gain authorized stay...until then, you're in the same position as anybody else who has overstayed their visa (technically deportable, but not a priority for ICE in itself).

If somebody were to accrue 180+ days of unlawful presence and exit (without AP), they would incur the 3/10 year bars just like anybody else. Accrual of unlawful presence pauses while AOS is pending (i.e. staying 170 days past your I-94 then filing for AOS would not result in a bar upon exit after day 180, even without AP...it would just abandon the AOS application).

You are right, but not in the case of a k1 beneficiary, why don’t you look the meaning of unlawful presence and you’ll see, once you marry the petitioner within the 90 days, you have fullfilled the purpose of the K1 wich grants you lawfully presence in the country and the chance to adjust status, now there is not an specific time to AOS so when do you start counting the 180 days? The I-94 becomes obsolete after you get married and is only used as a reference that you entered the country with inspection, and being married to a USC forgives any overstays even in the case of someone who came to the country with any other visa, then again, that time frame after you get married with a K1 and before AOS is an immigration limbo even if an ICE agent detain you they won’t know what to do with you, the might put you in deportation proceedings if they see you are not seeking a residency in the states or they might give you the opportunity to adjust.

Edited March 14, 2018 by Elvis&Sky

[geowrian 22,335]

14 minutes ago, Elvis&Sky said:

You are right, but not in the case of a k1 beneficiary, why don’t you look the meaning of unlawful presence and you’ll see, once you marry the petitioner within the 90 days, you have fullfilled the purpose of the K1 wich grants you lawfully presence in the country and the chance to adjust status, now there is not an specific time to AOS so when do you start counting the 180 days? The I-94 becomes obsolete after you get married and is only used as a reference that you entered the country with inspection, and being married to a USC forgives any overstays even in the case of someone who came to the country with any other visa, then again, that time frame after you get married with a K1 and before AOS is an immigration limbo even if an ICE agent detain you they won’t know what to do with you, the might put you in deportation proceedings if they see you are not seeking a residency in the states or they might give you the opportunity to adjust.

I'm sorry, but that's just factually incorrect. Where are you getting this from? I'm genuinely curious (please don't take this the wrong way!).

Fulfilling the requirements of the K-1 visa only permits you to file for AOS. It does not grant any legal status at all. Marriage to a USC does not grant any legal status either...just permits you to file for AOS, which is what grants authorized stay.

 

Unlawful presence begins once your I-94 expires and you do not have any other form of lawful presence (i.e. authorized stay from a pending AOS application).

The rules for who accrues unlawful presence are defined in the AFM. Below is the latest memo on that for reference:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

 

It's quite unlikely that a K-1 visa holder who marries a USC within 90 days would actually be deported (assuming they are still actively engaged in marriage...i.e. not separated). They would likely be put in front of an immigration judge who will just tell them to file for AOS. Removal proceedings are a mess, so they want to avoid it if they can as well. But it's absolutely not a position you want to be in to have to face an IJ in the first place, or get detained. Again, it's not likely (people have chosen not to file for AOS for years), but it would not be the first case either.

Edited March 14, 2018 by geowrian