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Kevin&crystal

Overstaying a tourist visa

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Filed: K-1 Visa Country: Mexico
Timeline

Hey guys. So I saw something about if you overstayed your visa you will not be eligible for a K1 visa. Here's the scenario: When I was 7 years old, my parents took me to the US on a tourist visa and I did not return to Mexico until the age of 22. Will this cause my k1 visa to get rejected? =[

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Filed: Citizen (apr) Country: India
Timeline

From the age of 18, you are considered as adult and your overstay will be calculated from this point. From 18 to 22, thats mean, 4 yrs overstay when you were adult. You have 10 yrs ban. You can apply for waiver.


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Filed: K-1 Visa Country: England
Timeline

From the age of 18, you are considered as adult and your overstay will be calculated from this point. From 18 to 22, thats mean, 4 yrs overstay when you were adult. You have 10 yrs ban. You can apply for waiver.

while im not disagreeing about this... should this not of been spotted at USCIS level as the OP already has NOA2??


I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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while im not disagreeing about this... should this not of been spotted at USCIS level as the OP already has NOA2??

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Filed: K-1 Visa Country: England
Timeline

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.

thank you :)


I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Filed: Citizen (apr) Country: Australia
Timeline

=\ wow really? So My K1 will be rejected FORSURE?

Yes for sure. Prepare the waiver paperwork so that you can submit it at the interview. Mexico has some agreement with the US so it's a lot quicker than any other country to get the waiver for overstay approved.

Head over to http://immigrate2us.net/forum/forumdisplay.php?6-I-601-Mexico to get more advise about this specifically.

Edited by Vanessa&Tony

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Filed: K-1 Visa Country: England
Timeline

Not necessarily. The USCIS process primarily determines eligibility for the benefit. In the case of family-based immigration petitions, that means verifying the relationship. DOS determines the eligibility for the visa, which takes into account any grounds of inadmissibility on the part of the beneficiary.

so when should a waiver be submitted... right from the start or do you wait until you are asked to submit one??

edit: ok so i think Vanessa&Tony just answered my question :)

Edited by Dan & Jenni

I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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And what is DOS? I already have my case approved I have an interview scheduled for feb 24th. And do I have to wait 10 years to apply for a waiver??

DOS = Department of State. A Department of State Consular Officer at the USCON Ciudad Juarez will adjudicate your visa application. As others have stated, he/she will find you inadmissible and deny your application.

so when should a waiver be submitted... right from the start or do you wait until you are asked to submit one??

You have to wait until the finding of inadmissibility is made. Since the OP knows that he has an overstay with an associated 10-year ban, he can come prepared to the interview with the waiver paperwork.


Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

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Filed: K-1 Visa Country: England
Timeline

You have to wait until the finding of inadmissibility is made. Since the OP knows that he has an overstay with an associated 10-year ban, he can come prepared to the interview with the waiver paperwork.

thanks :)


I-129F SENT............................................08/15/2011

NOA1 TEXT/EMAIL...................................08/22/2011

NOA2 TEXT/EMAIL. NO RFE.....................01/05/2012

NVC RECEIVED......................................01/21/2012

NVC LEFT...............................................01/24/2012

PACKET 3 RECEIVED..............................02/01/2012

PACKET 3 RETURNED.............................02/04/2012

MEDICAL................................................02/17/2012

DS-2001 MAILED.....................................02/23/2012

PACKET 4 RECEIVED..............................03/02/2012

INTERVIEW............................................03/14/2012 APPROVED

POE ATLANTA.........................................04/03/2012

AOS approved 3/29/13 after almost 10 months of waiting. No RFE's and no interview.

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Filed: Citizen (apr) Country: Australia
Timeline

How can I apply for the waiver and how long does that process take? Will I have to re-submitt the entire I-129f??

I've already answered your questions. Please read my previous reply.

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