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Posted

Hello everyone,

I wanted to verify if the following is correct or not:

My fiancee will be going for her K 1 Visa interview in the next month. She was an undocumented child and lived in the US until she was 22 years old basically overstaying past the 18 1/2 year old requirement for 4 years.

She left on her own accord when she was 22 years old.

She has proof (entry stamps for other countries) that she entered when she was 22 to show that the 10 year ban should start from the time she left.

its been approximately 11 years since she left the US so i just want to make sure she should not have any issue when interviewing for this K-1 visa.\

Does all this make sense?

Thank you.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

If the proof is substantial enough to satisfy the consul, it sounds as though all might go well. Let us know what happens.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

Thank you for the response.

I know basically that its going to be about the interview and i feel that we are well prepared. I will be with my fiance at the interview.

Her parents with held the fact from her that she was overstaying as my fiance thought she was on a student visa during college.

When she found out the truth from her parents she finished her studies quickly and left the US to go back to her home country.

Only reason we are going the K1 route is that i have a really great job in the US and she wants to come over here so i do not have to quit that job.

She knows she overstayed and had accrued unlawful presence time after finding out she wasnt supposed to be in the US and left in July 2002 so its been 11 years and a bit.

Again we have the support documents to show she had left the US and filled out the DS-156 truthfully where it asks have you ever been unlawfully present in the US.

I know its all about the interview and convincing one CO that we are ok but its still alot of pressure to go in with.

 
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