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kiwie

applying for K1- F1 and Visitors Visa before- is that going to be a problem?

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Filed: K-1 Visa Country: Germany
Timeline

Hey.

I'm so thankful for this and it's really encouraging to read all of you guys' experiences and stuff.

Nevertheless I have a question about something that I couldn't find a topic on.

I met my fiance in 2006 but we lost contact. When I went to the States on a F1 Visa in 2007 we met again and everything happened from there. I studied for a semester and adjusted my status to a visitors visa because I attended a bible school from my local church in Minneapolis.

I did not overstay or anything. Spent Christmas with him and his family in Kansas City and flew back home.

Since then I've been going to school here and will be until we are done with our visa process.

I'm planning on visiting him in August for my summer break, which means for about 70 days.

My question is...

Does anyone of you think that we might run into problems?

Or does it sound doable?

Might it take longer because I've had a visa before or even a shorter amount of time cause I'm already in their system?

And what about this whole...I have to stay in my home country for 2yrs?

thank you sooo much

I'm just very confused at this point.


I-129F Sent : 2008-06-23

Interview: 2009-02-27 APPROVED!!!!!!

Visa received: 2009-03-05

Wedding: 2009-03-21

Sent AOS: 2009-05-12

Check cashed: 2009-05-20

NOAs received: 2009-05-22

Biometrics letter: 2009-05-28

Biometrics appointment:2009-06-09

card production ordered:2009-06-19

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Filed: AOS (apr) Country: Philippines
Timeline

If your visa was issued subject to the two year HRR requirement then you are required to fullfill this obligation (or seek a waiver) but I do doubt based on your description you are subject to it, but it is important to check this out.

Edited by fwaguy

YMMV

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Filed: K-1 Visa Country: Hungary
Timeline

No, K1 Visa should not be affected at all. They might question you about your stays here in America and all you have to do is be honest with them.


Our Relationship

(09-27-06)Met in Hungary

(11-25-06)Fell in Love

(11-24-07)Met again in Hungary

(02-19-08)Met again in Hungary

K1 Visa Petition

(09-27-07)Preparing to send K1 Petition

(12-03-07)K1 Petition Sent US Postal Service

(12-11-07)Received NOA 1

(12-28-07)Touched

(03-11-08)Recieved NOA 2

(03-21-08)Recieved at NVC

(03-27-08)Sent from NVC

(04-02-08)Received Packet 3

(04-27-08)Medical Completed

(05-15-08)Received Packet 4

(05-29-08)Interview Date

(05-29-08)Visa given 40 mins after approval

(06-02-08)Arrival at the JFK and EAD given

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Filed: K-1 Visa Country: Germany
Timeline

How exactly do I check this?

I looked through all my files and my visa and it didn't say anything!


I-129F Sent : 2008-06-23

Interview: 2009-02-27 APPROVED!!!!!!

Visa received: 2009-03-05

Wedding: 2009-03-21

Sent AOS: 2009-05-12

Check cashed: 2009-05-20

NOAs received: 2009-05-22

Biometrics letter: 2009-05-28

Biometrics appointment:2009-06-09

card production ordered:2009-06-19

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Filed: K-1 Visa Country: Germany
Timeline

Thanks...I also figured if we'll include all the dates of when we met again it will be very obvious that I didn't even extend my stay/changed my status because of him.


I-129F Sent : 2008-06-23

Interview: 2009-02-27 APPROVED!!!!!!

Visa received: 2009-03-05

Wedding: 2009-03-21

Sent AOS: 2009-05-12

Check cashed: 2009-05-20

NOAs received: 2009-05-22

Biometrics letter: 2009-05-28

Biometrics appointment:2009-06-09

card production ordered:2009-06-19

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Filed: AOS (apr) Country: Philippines
Timeline

Two-Year Foreign Residency Requirement

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;

The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);

The exchange visitor entered the United States to receive graduate medical education or training.


YMMV

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Filed: AOS (apr) Country: Thailand
Timeline

I met my Other Half when in the States on a J-1 and I returned to American twice after that on J-1 visas as well. I visited once on a B1/B2. It states clearly on my J-1 visas that I am not subject to the two-year foreign residency requirement. Check your original F-1 visa and see if you are exempt.

And as long as you were in America with the right visas for the right reasons and can prove it, I don't think you'll have a problem with the K-1 petition.


AOS, EAD and AP Journey

* Married on March 18, 2009.

* Papers mailed on May 8, 2009, arrived at Chicago lockbox on May 10, 2009

* Check cashed on May 14, 2009.

* NOAs for AOS, EAD, and AP issued on May 14, 2009 and received on May 18, 2009.

* Biometrics letter received on May 20, 2009.

* Biometrics appointment on June 4, 2009 at 8 am.

* EAD and AOS touched on June 5, 2009.

* EAD card production ordered and AP approved on June 17, 2009.

* EAD card received on June 25, 2009.

* AP received on June 26, 2009.

* Celebrating five years as a couple with much-delayed reception on June 27, 2009. What a journey it has been.

* Case transferred to CSC on July 14, 2009.

* Received noticed that case is pending at CSC on July 21, 2009.

* AOS touched on July 31, 2009.

* Card production orderd on August 12, 2009.

* Green Card received on August 21, 2009.

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Filed: AOS (apr) Country: Philippines
Timeline
I met my Other Half when in the States on a J-1 and I returned to American twice after that on J-1 visas as well. I visited once on a B1/B2. It states clearly on my J-1 visas that I am not subject to the two-year foreign residency requirement. Check your original F-1 visa and see if you are exempt.

And as long as you were in America with the right visas for the right reasons and can prove it, I don't think you'll have a problem with the K-1 petition.

With a two year HRR the petition is not the issue.... the USCIS will not even consider this... This issue (if applicable) would only present itself at the consulate stage.


YMMV

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