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TDqueen

K1 Visa Overstayed for less than 2 years.

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Good day! I am not sure if i am writting on the right section. If not please advice me with your kind reply.



I came Last February of 2009 in United State on K1/Fiance Visa. I overstayed my visa while I was there for the reason that my Ex-Fiance showed me no support and no clear answer whether or not he was planning me to stay. We did not get married, and he only given me empty promisses that one day he will if i could wait for him longer. I could not also send my self home because I do not have the money to buy my ticket to come back to Philippines.


I am a holder of Philippine passport. I am aware that fiance/K1 visa is good for only 90 days stay. But i stayed untill aprill 2011. So i over stayed 1 year and 10 months.


I am now working in Dubai UAE, holding an employment/Resident Visa and wanting to come back to united states to visit and thank the people i build friendship with, the people that helped me with my struggle, the people that donated their own money so i could come back in my own country.


Now my BIG question is If i want to come back just to visit, what are my possibilities? what are the steps i should do? Is it going to be hard?


There is a ban i know. is it 3 years for less than 2 years over stayed? I am now out of US for almost 3 years. i am trying to call the embassy but they are not entertaining any inquiries... whom can i speak with that will give me a clear answer?...

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10 years and possibilities forever! You better keep all your expired passport, bank account, or any documents that you really indeed went back to Philippines.


IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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10 years and possibilities forever! You better keep all your expired passport, bank account, or any documents that you really indeed went back to Philippines.

I thought 10 years are for the ones that had over stayed for more than 2 years?

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It's a three year bar for at least 180 days of overstay, and a ten year bar for at least 365 days of overstay, so you are barred for ten years from the day you left. For example, if you left on 1st January 2010, you are barred until 1st January 2020.

Edited by Hypnos

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hi

ditto, you have a ten year ban since you overstayed for more than 1 year. 6 months to 1 year will give you a 3 year ban, more than a year will give you a 10 year ban from the day you leave the country

you cannot lie, they will ask you to prove that you returned to your country before the i94 expired since you didn't marry your fiancé. since you didn't marry within the 90 days, you should have returned. I understand you couldn't but that doesn't matter to immigration.

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10 year ban, I came to the end of mine 9 months ago.

And even though my ban is over, when I tried to get a B2 visa in October I was refused. After an overstay, especially a long overstay, you have much more going against you in proving ties to your own country.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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It's a three year bar for at least 180 days of overstay, and a ten year bar for at least 365 days of overstay, so you are barred for ten years from the day you left. For example, if you left on 1st January 2010, you are barred until 1st January 2020.

Thank you for the answer. Much appreciated

Means i cannot go back even over staying was not my choice.

hmmmm

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thanks everyone for all your answer.

Actually i was mistaken by the dates.. im sorry for the confussion..

I know last time i checked i have 3 year ban but not sure...

Im confuse i am sorry.

So if more than 11 months but not 1 year... then 3 year ban?

Edited by TDqueen

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Yes, a 3 year ban for more than 6 months but less than a year.

Keep in mind that even if the ban is up, that doesn't mean you have to give you a tourist visa. A young, single Philippina has little chance sof getting a tourist visa as it is; add the overstay and it is pretty much impossible.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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10 years and possibilities forever! You better keep all your expired passport, bank account, or any documents that you really indeed went back to Philippines.

No, not a possibility of forever. Before you say things that outright scare people, get your facts straight.



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Good day! I am not sure if i am writting on the right section. If not please advice me with your kind reply.
I came Last February of 2009 in United State on K1/Fiance Visa. I overstayed my visa while I was there for the reason that my Ex-Fiance showed me no support and no clear answer whether or not he was planning me to stay. We did not get married, and he only given me empty promisses that one day he will if i could wait for him longer. I could not also send my self home because I do not have the money to buy my ticket to come back to Philippines.
I am a holder of Philippine passport. I am aware that fiance/K1 visa is good for only 90 days stay. But i stayed untill aprill 2011. So i over stayed 1 year and 10 months.
I am now working in Dubai UAE, holding an employment/Resident Visa and wanting to come back to united states to visit and thank the people i build friendship with, the people that helped me with my struggle, the people that donated their own money so i could come back in my own country.
Now my BIG question is If i want to come back just to visit, what are my possibilities? what are the steps i should do? Is it going to be hard?
There is a ban i know. is it 3 years for less than 2 years over stayed? I am now out of US for almost 3 years. i am trying to call the embassy but they are not entertaining any inquiries... whom can i speak with that will give me a clear answer?...

You came in Feb. 2009 on K1 visa, meaning you had 90 days ( roughly 3 months) to get married and then adjust your status. Therefore, you were legal until about April 2009. Since you did not marry and adjust, after April 2009 you began accumulating illegal presence. Meaning, if you left before April 2010, you would have had a 3 year ban. However, in your post, you state you left in April 2011, which is much longer than a year. Therefore, you have a 10 year ban.

I hope that helped clear your confusion a little bit. Others can chime in if they have further info.

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