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K1.Overstayed.Went back home.K1 again.

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Filed: K-1 Visa Country: Philippines
Timeline

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.


Reunited for good and it feels so good!

----- I-129F ------

I-129F Sent : 2009-03-02

I-129F NOA1 : 2009-03-05

NOA2 : 2009-09-01

Medical : 2009-10-01/02

Interview : 2009-10-13

POE (San Francisco) : 2009-11-20

Wedding : 2009-12-30

SSN (Married Name) : 2010-01-11

SSN Card Arrival : 2010-01-15

AOS Sent: 2010-03-19

AOS Arrived: 2010-03-25

AOS&EAD Notice Rcvd: 2010-04-30 dated 2010-04-23

AP Notice Rcvd: 2010-04-01

Biometrics Taken: 2010-05-07

Biometrics Schedule: 2010-05-21

EAD Card Arrived: 2010-06-16

Interview Schedule: 2010-06-25

Removal of Conditions

Packet Sent: May 14, 2012

Packet Received: May 16, 2012

INFOPASS Schedule: June 14, 2012

Biometrics Taken: June 14, 2012 (same day passport was stamped 1-551/6-month extension inc work authorization)

Biometrics Schedule: June 27, 2012

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Filed: Other Country: China
Timeline

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

The previous overstay would incur a three year ban if between 180 and 365 days and a 10 year ban (on entering the USA) if more than 365 days. Just doing the math on paper, at most, she would be subject to a ban from February 2007 to February 2010, so the ban would be moot now or "time served" if you will. At best, the overstay was less than 180 days and there is no ban to moot. I can't tell without the exact dates of arrival and departure. They should expect additional scrutiny of their relationship at the next visa interview but otherwise things should progress normally.


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Filed: AOS (apr) Country: Philippines
Timeline

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

If she accumulated more than 180 days of overstay then she was subject to a 3 yr re-entry ban, however, that is probably a moot point because it has been more than 3 years since she left.... So this should not be a complicating matter for her....

The USCIS should have no issues approving the petition... they will need to build a strong case for a bonafide relationship for the consulate in order for a new visa to be issued.

Edited by payxibka

YMMV

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Filed: Citizen (apr) Country: Brazil
Timeline

And she'll most likely have to explain why they didn't get married in the first K1 and why did she overstay, but honest answers and a solid case should overcome any suspicions.


(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

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Filed: AOS (pnd) Country: Philippines
Timeline

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

I have seen this quite a bit, having lived in the Philippines. My advice would be to have the guy hire a reputable Immigration attorney. He certainly will raise all sorts of red flags with this situation, and having an attorney to author good explanation letters and advise in the situation can be helpful. That said, this is still going to be a tough sell to USCIS. The other option is to just go it alone and write a very Detailed and very sincere letter of explanation. I dont think this is an impossible situation, but I think its going to be a rough row to hoe.

Best of luck.


01-June-2010 I-129F Filed CSC Finally!!!!! After almost three years and 1 baby! Its a great day!

08-June-2010 NOA1

11-June-2010 'touched'

25-October-2010 NOA2

01-November-2010 NVC Received

03-November-2010 Placed into AP at NVC : (

18-November-2010 Case Sent to Manila 18 days in AP..not too bad!

6-7 December- 2010 Medical at SLCC...PASSED!Thank you Lord!

20-December-2010 Interview, USEM VISA APPROVED!

3-Jan-2011, Visa received

12-Jan-2011, POE SEATTLE WASHINGTON USA

11-Feb-2011, Married in Minneapolis MN : )

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you for your replies. Additional ( corrected ) Info

Entered the US - June 6, 2006

Left the US - January 22, 2007


Reunited for good and it feels so good!

----- I-129F ------

I-129F Sent : 2009-03-02

I-129F NOA1 : 2009-03-05

NOA2 : 2009-09-01

Medical : 2009-10-01/02

Interview : 2009-10-13

POE (San Francisco) : 2009-11-20

Wedding : 2009-12-30

SSN (Married Name) : 2010-01-11

SSN Card Arrival : 2010-01-15

AOS Sent: 2010-03-19

AOS Arrived: 2010-03-25

AOS&EAD Notice Rcvd: 2010-04-30 dated 2010-04-23

AP Notice Rcvd: 2010-04-01

Biometrics Taken: 2010-05-07

Biometrics Schedule: 2010-05-21

EAD Card Arrived: 2010-06-16

Interview Schedule: 2010-06-25

Removal of Conditions

Packet Sent: May 14, 2012

Packet Received: May 16, 2012

INFOPASS Schedule: June 14, 2012

Biometrics Taken: June 14, 2012 (same day passport was stamped 1-551/6-month extension inc work authorization)

Biometrics Schedule: June 27, 2012

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She's definitely in the 3 year ban category then, which it seems has already passed.

She's definitely not in the 3 year ban category. She had 90 days of valid stay. Overstay did not begin to accumulate until 90 days after entry.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-1 Visa Country: Philippines
Timeline

OH right - how could I forget that! :blush:

So no ban for her in that case? Since the 3-yr ban only applies if when you overstay for 180-365 days, correct? In her case, she overstayed for like 120 days or less.


Reunited for good and it feels so good!

----- I-129F ------

I-129F Sent : 2009-03-02

I-129F NOA1 : 2009-03-05

NOA2 : 2009-09-01

Medical : 2009-10-01/02

Interview : 2009-10-13

POE (San Francisco) : 2009-11-20

Wedding : 2009-12-30

SSN (Married Name) : 2010-01-11

SSN Card Arrival : 2010-01-15

AOS Sent: 2010-03-19

AOS Arrived: 2010-03-25

AOS&EAD Notice Rcvd: 2010-04-30 dated 2010-04-23

AP Notice Rcvd: 2010-04-01

Biometrics Taken: 2010-05-07

Biometrics Schedule: 2010-05-21

EAD Card Arrived: 2010-06-16

Interview Schedule: 2010-06-25

Removal of Conditions

Packet Sent: May 14, 2012

Packet Received: May 16, 2012

INFOPASS Schedule: June 14, 2012

Biometrics Taken: June 14, 2012 (same day passport was stamped 1-551/6-month extension inc work authorization)

Biometrics Schedule: June 27, 2012

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Right - the 'counter' starts on day 91, and if I'm doing the math right, that means she wouldn't even hit 180 days of unauthorized stay. Though I am in the haze of pregnancy brain so calculate it yourself :lol:


SA4userbar.jpg

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Filed: K-1 Visa Country: United Kingdom
Timeline

So no ban for her in that case? Since the 3-yr ban only applies if when you overstay for 180-365 days, correct? In her case, she overstayed for like 120 days or less.

That's right! No ban.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: K-1 Visa Country: Philippines
Timeline

So if the ban thing is not the major problem to face ( or I assume though it's still a problem to consider), what are most likely the other things that they have to be prepared about so the process of starting the K1 again won't be that struggling? Do you advice for them to get a lawyer still?

I appreciate all your responds.


Reunited for good and it feels so good!

----- I-129F ------

I-129F Sent : 2009-03-02

I-129F NOA1 : 2009-03-05

NOA2 : 2009-09-01

Medical : 2009-10-01/02

Interview : 2009-10-13

POE (San Francisco) : 2009-11-20

Wedding : 2009-12-30

SSN (Married Name) : 2010-01-11

SSN Card Arrival : 2010-01-15

AOS Sent: 2010-03-19

AOS Arrived: 2010-03-25

AOS&EAD Notice Rcvd: 2010-04-30 dated 2010-04-23

AP Notice Rcvd: 2010-04-01

Biometrics Taken: 2010-05-07

Biometrics Schedule: 2010-05-21

EAD Card Arrived: 2010-06-16

Interview Schedule: 2010-06-25

Removal of Conditions

Packet Sent: May 14, 2012

Packet Received: May 16, 2012

INFOPASS Schedule: June 14, 2012

Biometrics Taken: June 14, 2012 (same day passport was stamped 1-551/6-month extension inc work authorization)

Biometrics Schedule: June 27, 2012

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Filed: K-1 Visa Country: United Kingdom
Timeline

So if the ban thing is not the major problem to face ( or I assume though it's still a problem to consider), what are most likely the other things that they have to be prepared about so the process of starting the K1 again won't be that struggling? Do you advice for them to get a lawyer still?

I appreciate all your responds.

A ban isn't a problem to consider, at all. There is no ban so nothing to consider.

The thing to focus on is making evidence of the authenticity of the relationship rock solid. Photos, visits, boarding passes, letters, emails, chats, etc. Being at the interview with the beneficiary can be good. Getting an attorney is up to you; I personally don't think there's a compelling reason to get one.

Although they will probably want to know what the deal was with the abandoned K1 entry before, because it was with the same beneficary/petitioner, it kind of looks more (from where I'm standing) like the trials of a real relationship rather than a years-long attempt at fraud. This is just my opinion, of course. Be honest and thorough and prepared; there appears to be no real reason to deny the visa based on the information you've given. Someone will correct me if this is wrong.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: Other Country: China
Timeline

A ban isn't a problem to consider, at all. There is no ban so nothing to consider.

The thing to focus on is making evidence of the authenticity of the relationship rock solid. Photos, visits, boarding passes, letters, emails, chats, etc. Being at the interview with the beneficiary can be good. Getting an attorney is up to you; I personally don't think there's a compelling reason to get one.

Although they will probably want to know what the deal was with the abandoned K1 entry before, because it was with the same beneficary/petitioner, it kind of looks more (from where I'm standing) like the trials of a real relationship rather than a years-long attempt at fraud. This is just my opinion, of course. Be honest and thorough and prepared; there appears to be no real reason to deny the visa based on the information you've given. Someone will correct me if this is wrong.

Right and the strongest evidence of a bona fide relationship is time spent together. As I recall the opening post doesn't mention any time spent together since 2007. At least one more in person visit must have occurred in the last two years, to even file the second petition. The more time together the better.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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