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smashrun

Question re: K-1 and overstay

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Hi everyone :)

I am new here and just beginning the K-1 process. Here is some background info:

My fiancée and I met in the US in July 2010. He arrived in the US in 1998 under a VWP and stayed. He left voluntarily in Sept 2010 for family reasons. According to him, there is nothing in his passport from 1998 showing amount of time allowed etc. His passport was not stamped by US officials when he left in Sept 2010. The official even told him to come back soon! He has no criminal record in the US.

Here is my question: What is the likelihood that this overstay will be detected? I have heard that entry/exits were not always well tracked prior to 9/11. Should we disclose this (when/where?) or only tell if asked? Of course, it would be ideal to avoid going through the 601 process but I don’t want to jeopardize our chances of getting him back here. We have not filed anything yet.

Thanks so much for your advice!

smashrun

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

Not being truthful is a big no no. He will have to list where he's lived for the last 5 years. So the information will be there.

The "it isn't written in my passport" excuse won't fly. Trying that would just make a person sound foolish.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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

nah be seriously this is a though one. your right things have really changed since 9/11 if there was no i-94 id say you prolly get away with it. this tends to happen for some people lol! can you prove extreme hardship with out your fiance if you have to do the waiver

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Filed: Citizen (apr) Country: Australia
Timeline

You have two choices:

1. Don't tell them and end up with a lifetime ban for material misrepresentation

2. Tell them and have to apply for a waiver for the 10 year ban.

Even if there is a chance they won't know about it are you really willing to risk a lifetime ban on the chance they do? I certainly wouldn't but it's your choice.

Edited by Vanessa&Tony

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Filed: K-1 Visa Country: New Zealand
Timeline

I have been into the US on VWP several times and never had an exit stamp but the details are in their system.


Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

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Thank you all for your responses! Good information.

@Steph1988: There was no I-94. You're right, it's a tough one!

@Penguin: Very helpful information. There would be tax records and a driver's license record for sure. He also divorced in the US so that is public record.

@Vanessa&Tony: You're right, not worth risking a lifetime ban.

@anhmap: I agree, using that as the sole excuse would be foolish. I was just providing an example of why we thought he might not be tracked in the system.

I really appreciate the insight - I will be updating my info here as we begin our paperwork process. Thanks!

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Filed: Lift. Cond. (apr) Country: China
Timeline

I have been into the US on VWP several times and never had an exit stamp but the details are in their system.

US does not have exit stamps. When a person departs, they hand their I-94 to airline personnel when they check-in for the flight or cruise ship personnel if they will disembark the ship in another country. If they are leaving by land (Canada or Mexico), they hand the I-94 to the border agent of the other country.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Please explain further regarding your fiance having previously divorced in the US. What is your fiance's current status in the US then if previously married and then divorced??? Just a bit confusing. If previously married, did your fiance ever adjust status???

Thank you all for your responses! Good information.

@Steph1988: There was no I-94. You're right, it's a tough one!

@Penguin: Very helpful information. There would be tax records and a driver's license record for sure. He also divorced in the US so that is public record.

@Vanessa&Tony: You're right, not worth risking a lifetime ban.

@anhmap: I agree, using that as the sole excuse would be foolish. I was just providing an example of why we thought he might not be tracked in the system.

I really appreciate the insight - I will be updating my info here as we begin our paperwork process. Thanks!


Philippians 4:13...I can do all things through Christ who strengthens meGC Received: 02/04/2012

Useful Links for K-1 Visa Petition for USEM Philippines:

Packet 3 for K-1: http://photos.state....3__rtf2_001.pdf

St Luke's Website: http://www.slec.ph/u...ml#clinic-hours

Link to Schedule Interview: http://cgifederal.force.com/

CFO Website for Seminar: http://www.cfo.gov.p...onals&catid=140

Povery Guideline: http://www.uscis.gov...form/i-864p.pdf

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

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

Hi everyone :)

I am new here and just beginning the K-1 process. Here is some background info:

My fiancée and I met in the US in July 2010. He arrived in the US in 1998 under a VWP and stayed. He left voluntarily in Sept 2010 for family reasons. According to him, there is nothing in his passport from 1998 showing amount of time allowed etc. His passport was not stamped by US officials when he left in Sept 2010. The official even told him to come back soon! He has no criminal record in the US.

Here is my question: What is the likelihood that this overstay will be detected? I have heard that entry/exits were not always well tracked prior to 9/11. Should we disclose this (when/where?) or only tell if asked? Of course, it would be ideal to avoid going through the 601 process but I don’t want to jeopardize our chances of getting him back here. We have not filed anything yet.

Thanks so much for your advice!

smashrun

What country? Different rules for Canada I think.

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

What country? Different rules for Canada I think.

Not that different. There is a lot of documentation of the overstay. It may be worth spending a few $$ to speak with an immigration attorney that has experience with overstays.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Not that different. There is a lot of documentation of the overstay. It may be worth spending a few $$ to speak with an immigration attorney that has experience with overstays.

Not Canada. Good advice anh - I have spoken with an attorney but will not be using one for the filing process.

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Filed: K-1 Visa Country: Vietnam
Timeline

They have a record of his entry in 1998. His exit was either properly recorded or it wasn't. If it was properly recorded, then they know he overstayed by 12 years. If it wasn't then they will demand evidence that he left before a ban would have kicked in. If he can't provide it then they are free to presume he left just before showing up at the US consulate to apply for a visa. Either way, he's got a 10 year ban beginning whatever day they determine he left the US.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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