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JuneFirst

Will we get the K3? How good are our chances?Help!

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Filed: Timeline

Hey everybody 

I spent a High School Year in America (2007-2008). I fell in love while I was in America.

I went back to visit my hostfamily in January 2009 (Visa Waiver). While I was there I was looking at colleges and the college told me I could just change my status without returning to my homecountry.

So I applied for a change of status which was denied 139 days after my arrival in the US.

USCIS told me I had to stay til the decision was made, that is the reason why I did not leave after 90 days.

My boyfriend (45) is still married and I (19) wanted to go to college, we would have been able to see each other.

Anyway, so I went back home and reapplied for a F1 visa.

At the Embassy they blamed me for violating the laws during my High School Year (I still do not know why. I came to America and left America on time, had the right papers.

I am working on getting that overstay off my file, because it simply never happened. I had probelms at the POE because of that “overstay”).

The denied the application because I did not have enough ties to my homecountry.

They also asked me if I had a boyfriend, I said NO (we were taking a “break”, so that was the truth)

A few days later me and my boyfriend got back together. He is divorced by now and we really wanna be together. Things have changed. He is not married anymore, I can’t go to school, so we need a “new plan”.

The plan is the K3 visa. I am really afraid though that we might have problems getting it because of

- me trying to change my status

- the denied visa

- the age differnce.

Can anybody help me? Has anybody gone through something similar?

I really love him. I want to do this right but I feel like there is so much against us and I just do not how good/bad our chances are?

Please help me!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

If you marry you will want to go for the CR1, rather than K3, as CR1 gives you the GC after arrival (no Adjustment of Status as with K3) and will save around $1000 in fees.

Age difference can matter at some MENA consulates. You have not indicated your home country so we cannot advise based on that potential.

You will have to prove a bona fide relationship to obtain the visa. Both of you should do some reading here on VJ to educate yourselves as to what is needed to have a successful visa process.

Best of luck to you.


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Filed: Timeline
If you marry you will want to go for the CR1, rather than K3, as CR1 gives you the GC after arrival (no Adjustment of Status as with K3) and will save around $1000 in fees.

Age difference can matter at some MENA consulates. You have not indicated your home country so we cannot advise based on that potential.

You will have to prove a bona fide relationship to obtain the visa. Both of you should do some reading here on VJ to educate yourselves as to what is needed to have a successful visa process.

Best of luck to you.

I am from Germany.

How can we prove a bona fide relationship? Pictures, letters, emails, phone records, letters from family&friends, plane tickets...anything else?

Or: is there anything in particular that we should have?

What is a MENA consulate?

The change of status and all that...how difficult will it make it for me to get a CR1 or K3?

I know they would deny it if i was really sick or if i was a criminal.

But an overstay is also a reason to deny a visa. Are those 139 days considered an "overstay" ?

(..i did not stay because i wanted to...i was told by USCIS that i had to stay)?

If yes...can we still get it? I read online it is not a problem as long as the overstay was <180days?

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Filed: Citizen (apr) Country: Canada
Timeline

As stated, you will need to get married first to apply for a spousal visa. You can apply for a K-1 fiance visa now.

Take a look at the guides to help you find your direction and documentation you need

http://www.visajourney.com/forums/index.ph...amp;page=guides

MENA = Middle East/North Africa

The overstay will certainly be a source of questions at your interview, as to the weight they put behind it, no one can know. You did not incur a ban since you were there for less than 180 days.

Good luck.


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NVC
February 13, 2009 - NVC case number assigned
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May 4, 2009


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Waited...

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October 16, 2015 - US Citizen

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Hey everybody 

I spent a High School Year in America (2007-2008). I fell in love while I was in America.

I went back to visit my hostfamily in January 2009 (Visa Waiver). While I was there I was looking at colleges and the college told me I could just change my status without returning to my homecountry.

So I applied for a change of status which was denied 139 days after my arrival in the US.

USCIS told me I had to stay til the decision was made, that is the reason why I did not leave after 90 days.

My boyfriend (45) is still married and I (19) wanted to go to college, we would have been able to see each other.

Anyway, so I went back home and reapplied for a F1 visa.

At the Embassy they blamed me for violating the laws during my High School Year (I still do not know why. I came to America and left America on time, had the right papers.

I am working on getting that overstay off my file, because it simply never happened. I had probelms at the POE because of that “overstay”).

The denied the application because I did not have enough ties to my homecountry.

They also asked me if I had a boyfriend, I said NO (we were taking a “break”, so that was the truth)

A few days later me and my boyfriend got back together. He is divorced by now and we really wanna be together. Things have changed. He is not married anymore, I can’t go to school, so we need a “new plan”.

The plan is the K3 visa. I am really afraid though that we might have problems getting it because of

- me trying to change my status

- the denied visa

- the age differnce.

Can anybody help me? Has anybody gone through something similar?

I really love him. I want to do this right but I feel like there is so much against us and I just do not how good/bad our chances are?

Please help me!

- me trying to change my status

>yes, but can be overcome by proof of bonafide relationship.. i think.

- the denied visa

>this one I don't think so...

- the age differnce.

>again, as i was told so many times, this can be overcome by proof of bonafide relationship.

Good luck!

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Filed: Timeline
Hey everybody 

I spent a High School Year in America (2007-2008). I fell in love while I was in America.

I went back to visit my hostfamily in January 2009 (Visa Waiver). While I was there I was looking at colleges and the college told me I could just change my status without returning to my homecountry.

So I applied for a change of status which was denied 139 days after my arrival in the US.

USCIS told me I had to stay til the decision was made, that is the reason why I did not leave after 90 days.

My boyfriend (45) is still married and I (19) wanted to go to college, we would have been able to see each other.

Anyway, so I went back home and reapplied for a F1 visa.

At the Embassy they blamed me for violating the laws during my High School Year (I still do not know why. I came to America and left America on time, had the right papers.

I am working on getting that overstay off my file, because it simply never happened. I had probelms at the POE because of that “overstay”).

The denied the application because I did not have enough ties to my homecountry.

They also asked me if I had a boyfriend, I said NO (we were taking a “break”, so that was the truth)

A few days later me and my boyfriend got back together. He is divorced by now and we really wanna be together. Things have changed. He is not married anymore, I can’t go to school, so we need a “new plan”.

The plan is the K3 visa. I am really afraid though that we might have problems getting it because of

- me trying to change my status

- the denied visa

- the age differnce.

Can anybody help me? Has anybody gone through something similar?

I really love him. I want to do this right but I feel like there is so much against us and I just do not how good/bad our chances are?

Please help me!

- me trying to change my status

>yes, but can be overcome by proof of bonafide relationship.. i think.

- the denied visa

>this one I don't think so...

- the age differnce.

>again, as i was told so many times, this can be overcome by proof of bonafide relationship.

Good luck!

thanks :)

Well,the visa was only denied because I did not have enough ties to Germany...so I think that should be okay :star: ..since I wont need to prove any ties when i apply for the CR1!

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