need help

[missolichka 0]

hi everyone.i was in US on J-1.then i applied for grad school and applied for F-1 visa. while my papers where in process i was going to school and doing internship in one of US elementry schools. my visa got denied because they said i applied for it too late (even though international students dept told me different)... i had a D/S on my I-94.. and here is the thing. after i was denied in F-1 i stayed in US for another year. couple weeks ago i came back to Ukraine. my fiancee and i are getting all the papers ready for K-1. he is USC and is in US right now. i believe it is considered as an overstay even though my I-94 had D/S and there was nothing said in the letter or denial for F-1 that i have to leave the country.should i still have 212 and letter of extreme hardship ready when the time comes to an interview?and i'm pregnant right now with his baby too so i have no clue if i have to document that when applying for a visa. please help me with advice and thank you for all the help

[Gary and Alla 3,694]

hi everyone.i was in US on J-1.then i applied for grad school and applied for F-1 visa. while my papers where in process i was going to school and doing internship in one of US elementry schools. my visa got denied because they said i applied for it too late (even though international students dept told me different)... i had a D/S on my I-94.. and here is the thing. after i was denied in F-1 i stayed in US for another year. couple weeks ago i came back to Ukraine. my fiancee and i are getting all the papers ready for K-1. he is USC and is in US right now. i believe it is considered as an overstay even though my I-94 had D/S and there was nothing said in the letter or denial for F-1 that i have to leave the country.should i still have 212 and letter of extreme hardship ready when the time comes to an interview?and i'm pregnant right now with his baby too so i have no clue if i have to document that when applying for a visa. please help me with advice and thank you for all the help

The pregnancy makes no difference at all except that the child will be counted in the family size.

If your overstay is more than 180 days then you have incurred some sort of visa ban, I believe 1-3 years (someone else can quote the exact amount I think) and you cannot be issued a visa until you have been out of the country for that period of time. I do not know if you can get a waiver for that or not, it is my understanding you cannot.

They do not tell you in letters you have to leave...you should already know that.

The question comes in as to when the overstay began. That will determine the extent of your visa ban if any. There are others here more familiar with the details and they will probably answer. I suggest members Payixbka, Jim Va Phoung (spelling?)

[JimVaPhuong 4,863]

"D/S" means your length of stay is determined by your "Duration of Status". This means until the date on your DS-2019 expires, or you leave the academic program your J1 visa was issued for, whichever comes first. "D/S" does NOT mean you are authorized to stay indefinitely. You usually have a grace period (30 days is typical) to leave after your status changes, after which you begin to accrue unlawful presence.

Unlawful presence of more than 180 days and less than 1 year results in a three year ban that begins the day you leave the US. Unlawful presence of more than 1 year results in a 10 year ban. It sounds like you at least have a three year ban, and maybe a 10 year ban.

Bans for unlawful presence are waiver authorized. It would probably be a good idea to have the waiver application ready to submit at the interview.

[Gary and Alla 3,694]

"D/S" means your length of stay is determined by your "Duration of Status". This means until the date on your DS-2019 expires, or you leave the academic program your J1 visa was issued for, whichever comes first. "D/S" does NOT mean you are authorized to stay indefinitely. You usually have a grace period (30 days is typical) to leave after your status changes, after which you begin to accrue unlawful presence.

Unlawful presence of more than 180 days and less than 1 year results in a three year ban that begins the day you leave the US. Unlawful presence of more than 1 year results in a 10 year ban. It sounds like you at least have a three year ban, and maybe a 10 year ban.

Bans for unlawful presence are waiver authorized. It would probably be a good idea to have the waiver application ready to submit at the interview.

Great! Thanks Jim. Do you change the spelling of your member name frequently or do I just consistently get it wrong?

Actually I was danger close that time. Have to remember...Vietnamese, NOT Dutch

Edited September 3, 2010 by Gary and Alla

[missolichka 0]

thank you everybody. and do i have to fill the i-212 as well?and when do i do that?

Edited September 3, 2010 by missolichka