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rubeel

K3 and overstay

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Filed: Country: United Kingdom
Timeline

My wife finally got her K3 and I-130 approved today.

Now the questions is what are her chances of getting a visa.

She overstayed less than a year and has already been out of the USA for 2.5 years. In feb she will complete her 3 years.

Do you guys think that the consular will reject right away or might approve the app in the embassy

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honestly not good to over stay the visa

that is big no no no no no when it comes to interview

6 months or less than 6 months over stay is about 5 years ban

i wish u all the luck

u can check others advice

good luck

abby n sheryl


Our time line for CR1 visa took only 5 months and 1 week or 156 days; from the filing the I-130 on the 03-12-2009 to Approval of NOA2 on the 05/13/2009, then Interview on the 08/18/2009 at Manila, Philippines. We had a daughter on the 11-12-2010 named AISHA JOY means HAPPY LIFE.a1_opt-1.jpga2_opt-1.jpga3_opt-1.jpg

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Filed: AOS (apr) Country: Philippines
Timeline
My wife finally got her K3 and I-130 approved today.

Now the questions is what are her chances of getting a visa.

She overstayed less than a year and has already been out of the USA for 2.5 years. In feb she will complete her 3 years.

Do you guys think that the consular will reject right away or might approve the app in the embassy

if her entry bar has been served then there should be no problem...


YMMV

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Filed: Citizen (apr) Country: Canada
Timeline

Any overstay under 179 days, does not result in a ban

180 days - 365 days is a 3 year ban and anything over 365 is a 10 year ban.

Did your wife stay more than 6 months?

honestly not good to over stay the visa

that is big no no no no no when it comes to interview

6 months or less than 6 months over stay is about 5 years ban

i wish u all the luck

u can check others advice

good luck

abby n sheryl


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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The rules are quite specific, and the officers don't have discretion, neither to increase nor decrease the overstay penalties.

If in fact she accumulated more than 180 days but less than a year of illegal presence, she faces a three year bar on admissibility, starting on the day she left the US.

If she applies for a visa (has her interview) more than three years after leaving the US, the bar has been served, and there is no further bar to admissibility.

If she applies less than three years after leaving the US, the bar is in effect, and she'd need a waiver. But it would probably take longer to get the waiver approved than to let the bar run out, given the timeline you've described.

An interesting question, which I'm not sure of the answer to, is how long the approved I-130 is good for. In other words, is it feasible for her to delay her visa application until after the bar is complete?

Another thing to look into is to be absolutely sure of precisely how long she overstayed. If she was issued an I-94 with a specific expiration date and that date passed, then the overstay timing is probably pretty clear. If she was issued an I-94 with a "Duration of Status" (usually abbreviated "D/S"), then she doesn't start accumulating overstay time until she is told by an immigration judge or by the USCIS that she is out of status.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Country: United Kingdom
Timeline

Well, she did over stay more than 180 but less than a year,

her I-130 took 2.5 years to get approved and now we will get her interview date, her three years are complete in Feb 2010, so i think i should just ask my lawyer to start working on the waiver now rather than later, so in case if the interview does go south and she gets it rejected then we can file the waiver right away.

another question though, for the interview, can i go with my wife to the embassy and can my kids also come along ?

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Filed: Country: Canada
Timeline
The rules are quite specific, and the officers don't have discretion, neither to increase nor decrease the overstay penalties.

If in fact she accumulated more than 180 days but less than a year of illegal presence, she faces a three year bar on admissibility, starting on the day she left the US.

If she applies for a visa (has her interview) more than three years after leaving the US, the bar has been served, and there is no further bar to admissibility.

If she applies less than three years after leaving the US, the bar is in effect, and she'd need a waiver. But it would probably take longer to get the waiver approved than to let the bar run out, given the timeline you've described.

An interesting question, which I'm not sure of the answer to, is how long the approved I-130 is good for. In other words, is it feasible for her to delay her visa application until after the bar is complete?

Another thing to look into is to be absolutely sure of precisely how long she overstayed. If she was issued an I-94 with a specific expiration date and that date passed, then the overstay timing is probably pretty clear. If she was issued an I-94 with a "Duration of Status" (usually abbreviated "D/S"), then she doesn't start accumulating overstay time until she is told by an immigration judge or by the USCIS that she is out of status.

I'm not sure that's true. My Fiance is Canadian and retired and spends as much time in the US as possible, but constantly monitoring her days. Recently we were told by an experienced immigration attorney and by two Border Patrol officers that there is no 6 month restriction for Canadians, just a limit of 6 consecutive months. All three said the clock resets each time you go over the border. Nobody---and this is important to us---has been able to refute that. I wish we knew what the right answer was!

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The rules are quite specific, and the officers don't have discretion, neither to increase nor decrease the overstay penalties.

If in fact she accumulated more than 180 days but less than a year of illegal presence, she faces a three year bar on admissibility, starting on the day she left the US.

If she applies for a visa (has her interview) more than three years after leaving the US, the bar has been served, and there is no further bar to admissibility.

If she applies less than three years after leaving the US, the bar is in effect, and she'd need a waiver. But it would probably take longer to get the waiver approved than to let the bar run out, given the timeline you've described.

An interesting question, which I'm not sure of the answer to, is how long the approved I-130 is good for. In other words, is it feasible for her to delay her visa application until after the bar is complete?

Another thing to look into is to be absolutely sure of precisely how long she overstayed. If she was issued an I-94 with a specific expiration date and that date passed, then the overstay timing is probably pretty clear. If she was issued an I-94 with a "Duration of Status" (usually abbreviated "D/S"), then she doesn't start accumulating overstay time until she is told by an immigration judge or by the USCIS that she is out of status.

I'm not sure that's true. My Fiance is Canadian and retired and spends as much time in the US as possible, but constantly monitoring her days. Recently we were told by an experienced immigration attorney and by two Border Patrol officers that there is no 6 month restriction for Canadians, just a limit of 6 consecutive months. All three said the clock resets each time you go over the border. Nobody---and this is important to us---has been able to refute that. I wish we knew what the right answer was!

I'm not sure we're talking about the same thing. I was talking about accumulated ILLEGAL presence resulting in a formal bar on admissibility. It sounds like you may be talking about how much time a Canadian is legally allowed to spend in the US.

Anyway, the source for my statement is INA 212 a 9 b. In some cases, there is a wrinkle on the matter of when the unlawful presence is deemed to begin. This department of state cable discusses it.

http://www.state.gov/documents/organization/87120.pdf


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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