k1 for me and my possibilities

[ivan138 0]

i stayed in usa for over 2years while being out of status...now im back in my homecountry in europe...i was a F1 student visa holder with D/S stamps on both my I94 and I20...i called the school i was supposed to show up to and the DSO had told me about my SEVIS number that it was i guess cancelled by itself automatically....So DSO didnt make any updates on it...I never applied for a status change or a new visa was never locked up or anything like that...now i am a HOUSE OWNER and i go to school im doing fine in my country...i wanna know why has DSO asked me if i ever came (he didnt even know i entered the country)? and also i wanna know will i be able to get a C1D visa which is necessary for the type of work im studying for which is to be a Seaman? also my fiance is USC and she wants to apply for my K1 so i wanna know if i am eligible for one knowing im not barred from USA?

please help

[Penguin_ie 5,994]

As you stayed in the USA illegally for more than 1 year, you have a ten year ban. This can be overcome with a hardship waiver (ie your fiancee would need to prove is is a hardship for her not to have you with her, or to move to your country).

Not sure about other visas.

[ivan138 0]

As you stayed in the USA illegally for more than 1 year, you have a ten year ban. This can be overcome with a hardship waiver (ie your fiancee would need to prove is is a hardship for her not to have you with her, or to move to your country).

Not sure about other visas.

i forgot to mention i dont have a 10 year ban cause i never tried applying for some immigration benefit and i never was found to be out of status...so i didnt accrue a minute of unlawful presence...its a law...so what about that k1?

[Darnell 8,478]

The way you've written 'it' - kinda smells to me. Almost as if you got the F1 visa, but never step foot onto the school.

Prior visas will pop up during any and all of the namecheck processes. I say roll the dice, see what happens.

[ivan138 0]

The way you've written 'it' - kinda smells to me. Almost as if you got the F1 visa, but never step foot onto the school.

Prior visas will pop up during any and all of the namecheck processes. I say roll the dice, see what happens.

yes ofcourse it is the way i wrote it...my sponsors daughter became homeless so she diceded to buy her a house...but because i have a d/s stamp on my i94 and i 20 theres a law that says u only begin to accrue unlawful presence once u r found to be there illegal when trying to change status or u r locked up and taken in front of a judge...so no ban and i wanna obtain a k1

[ivan138 0]

AND Section (3)© stated that "Duration of Status Cases: An alien admitted for "duration of status" (such as a student or exchange visitor) will only begin to accrue unlawful presence if either: a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, B) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred."

[leith@Ievgeniia 8]

talk to immigration lawyer. that way your not playing amature lawyer and you will know how the gov't will see you during k1.

right now you was out of status for 1 year. and that causes a 10 year band if not overrode

good luck

[ivan138 0]

cmon thx for ur post but didnt u read anything i post above... i had a lawyer back in 08 and she told me if i leave i wont have a ban...

[Anh map 2,098]

cmon thx for ur post but didnt u read anything i post above... i had a lawyer back in 08 and she told me if i leave i wont have a ban...

It appears that you already have the answer to your question (from the attorney back in 08).

Have your fiancee file the K1 petition and address any issues that arise.

Best of luck.

[ivan138 0]

thx u everyone for ur answers...only answer i have is not enough for me to know what will happen when i go to the embassy because i dont wanna get denied...

[VanessaTony 3,567]

thx u everyone for ur answers...only answer i have is not enough for me to know what will happen when i go to the embassy because i dont wanna get denied...

There's no REAL way to know until you try.

You say you don't have a ban but you might. An idea is to apply for the VWP and see whether you're approved (this is what I was told by the US Government). If you are approved there are no warnings or red flags on your name/passport. If you're denied then you know there's a red flag. I'm not saying it's fool-proof but when I was wondering that's what I was told.

One thing is they'll see you were issued the student visa, most likely they will see when you came to the US, and they saw when you left, but whether they check that you didn't fulfil the terms of your previous visa is the interesting part. You never know if this process will trigger investigation into your overstay and just because you're no longer there, I don't think that means that you can't be in trouble. You MUST also admit to the school visa, and they might ask qns about it...

Your own post:

AND Section (3)© stated that "Duration of Status Cases: An alien admitted for "duration of status" (such as a student or exchange visitor) will only begin to accrue unlawful presence if either: a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, B) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred."

Those two points BOTH don't say you won't be in trouble, and in fact the first one says a judge will find you "excludable" (i.e. excluded from applying for another visa) and the second "an application for another benefit" includes the K1 or whatever other visa. You might not have been caught for the overstay but they have on record that you arrived, and that you left. You said yourself that someone called to ask if you arrived, was it "arrived in the US" or "arrived at school"? In the process of the K1 they MIGHT call the school, or your agent or whoever handles it and find out you never actually attended school...

SO, like everyone said, as you overstayed for 1 year, and didn't fulfil the terms of your visa, then you are subject to a 10 year ban... IF CAUGHT of course. So, run the gauntlet and try, it's the only way to find out for sure.

Also, I know you're upset by some of the answers but you have to realise a lot of people here (most really) are going through LONG and tedious wait times, missing their loves ones and tend to get a little angry when people deliberately break the rules and "hahaha I didn't get caught so in your face" probably isn't the best way to go about it. Plus it is pretty common knowledge to have a 10 year ban after a 1 year overstay and we ALL know how tough USCIS can be.

Edited January 2, 2010 by Vanessa&Tony

[aeb2009 0]

thx u everyone for ur answers...only answer i have is not enough for me to know what will happen when i go to the embassy because i dont wanna get denied...

I think your looking for an answer which I don't think anyone can give you until you actually either try the process, or contact an immigration lawyer about your situation. Even then, the decision will be made by the people who are reviewing your case.

[Anh map 2,098]

There are many things that could arise at your interview that have nothing to do with the possible overstay.

You or your fiancee can consult another immigration attorney to get a second opinion. The interviewing CO is the one that will make the decision. Everyone else is just giving an educated opinion.

[JimVaPhuong 4,863]

AND Section (3)© stated that "Duration of Status Cases: An alien admitted for "duration of status" (such as a student or exchange visitor) will only begin to accrue unlawful presence if either: a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, B) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred."

What you're quoting is a State Department cable and not the Code of Federal Regulations. However, this IS current policy. You should not be found inadmissible for overstay. However, you may be found inadmissible for not having complied with the terms of your previous visa.

[FortLaudy 10]

What you're quoting is a State Department cable and not the Code of Federal Regulations. However, this IS current policy. You should not be found inadmissible for overstay. However, you may be found inadmissible for not having complied with the terms of your previous visa.

It think here's his problem... I know being on an F1 visa I have to remain "in status" with the school... I think each college have just about the same terms, maybe a few differences here or there. I know however, for a fact, that If I stop attending classes or do not register for a full load of classes and pay for it they will report me to USCIS... so it's not about the visa length, it's about you staying "in status" with the school... did you ever attend classes??