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Guam PHL

Does a visa overstay in foreign countries affect the issue of the K-1 Visa?

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Filed: Country: Philippines
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Hello, I am new to this forum and this is my first post. My fiancé is a Philippine national and she will be applying for a K-1 Visa. We have been in our relationship for exactly 4 years and 5 months and we are now engaged. Since the beginning of our relationship, I have traveled to the Philippines 6 times to visit my fiancé within the last 4 years and 5 months as of the date of this post. I have tons of evidence (200 photographs of me and my fiancé, boarding passes, telephone call statements with calls to the Philippines, email, mail correspondences, and remittal receipts) as proof of us meeting within the last 2 years and our genuine relationship. I have not yet submitted a petition but I am currently in the process of preparing the I-129f Petition and its supporting documents. I feel confident that the petition will be approved without any problems. There is only one thing that concerns me and my fiancé. In the past, my fiancé lived in Japan under a Japan visa in which she had overstayed her visa in Japan. Her passport had expired at some point and time while in Japan and she renewed her passport while she was still living in Japan. She did not get caught, detained, then deported by the Japan immigration bureau nor was she arrested (I don’t know if overstaying in Japan is a crime) and charged by the police for overstaying her visa . The details following her overstay is that she went to the Japan Immigration office and informed them that she had overstayed her visa and that she wants to return to her country. The immigration officer told her to return to the immigration office at a later date (date unknown). She returned to the immigration office at the specified date as instructed. The officer confiscated her expired passport which contained her expired Japan visa and gave her a travel document to travel back to her country. She purchased her airline ticket and departed Japan voluntarily and returned to her country. I’ve have contacted three immigration attorneys in the U.S. regarding this matter over the telephone and all three of the attorneys didn’t sound too sure and confident that they even know the correct answer to my question but they all did say that it shouldn’t be a problem.

My question, concern, and biggest worry is, will the fact that my fiancé had overstayed her visa in Japan be a reason for the U.S. consulate to not issue a K-1 Visa to my fiancé even though she was not deported back to her country, she was not arrested for overstaying, she turned herself in to Japan Immigration, and she voluntarily departed Japan to return to her country?

Any helpful response to my post will be much appreciated thank you!

Edited by edtajalle

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Filed: Citizen (apr) Country: Ireland
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No problem-the only way an overstay in another country affects is that you cannot interview in that country- you must be legally resident in the country you interview. However, that is not an issue for you.


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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Filed: Country: Philippines
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No problem-the only way an overstay in another country affects is that you cannot interview in that country- you must be legally resident in the country you interview. However, that is not an issue for you.

It's good to know this! Thanks for your response Penguin! : )

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Filed: K-1 Visa Country: Brazil
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Nobody here knows for sure the extent to which immigration authorities in different countries share information, but it doesn't sound like there will be a problem, assuming that she won't have any trouble getting the police certificate from Japan when it comes time for the interview.

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Filed: Other Country: Philippines
Timeline

Hello, I am new to this forum and this is my first post. My fiancé is a Philippine national and she will be applying for a K-1 Visa. We have been in our relationship for exactly 4 years and 5 months and we are now engaged. Since the beginning of our relationship, I have traveled to the Philippines 6 times to visit my fiancé within the last 4 years and 5 months as of the date of this post. I have tons of evidence (200 photographs of me and my fiancé, boarding passes, telephone call statements with calls to the Philippines, email, mail correspondences, and remittal receipts) as proof of us meeting within the last 2 years and our genuine relationship. I have not yet submitted a petition but I am currently in the process of preparing the I-129f Petition and its supporting documents. I feel confident that the petition will be approved without any problems. There is only one thing that concerns me and my fiancé. In the past, my fiancé lived in Japan under a Japan visa in which she had overstayed her visa in Japan. Her passport had expired at some point and time while in Japan and she renewed her passport while she was still living in Japan. She did not get caught, detained, then deported by the Japan immigration bureau nor was she arrested (I don’t know if overstaying in Japan is a crime) and charged by the police for overstaying her visa . The details following her overstay is that she went to the Japan Immigration office and informed them that she had overstayed her visa and that she wants to return to her country. The immigration officer told her to return to the immigration office at a later date (date unknown). She returned to the immigration office at the specified date as instructed. The officer confiscated her expired passport which contained her expired Japan visa and gave her a travel document to travel back to her country. She purchased her airline ticket and departed Japan voluntarily and returned to her country. I’ve have contacted three immigration attorneys in the U.S. regarding this matter over the telephone and all three of the attorneys didn’t sound too sure and confident that they even know the correct answer to my question but they all did say that it shouldn’t be a problem.

My question, concern, and biggest worry is, will the fact that my fiancé had overstayed her visa in Japan be a reason for the U.S. consulate to not issue a K-1 Visa to my fiancé even though she was not deported back to her country, she was not arrested for overstaying, she turned herself in to Japan Immigration, and she voluntarily departed Japan to return to her country?

Any helpful response to my post will be much appreciated thank you!

I think you will be fine. Only over-stay that the U.S. government is concerned about is IF it were in the USA.

Once at the actual visa application process in Manila your fiancee will need a police certificate from Japan if she lived there 6 months or longer from the age of 16 or older, so it may not be a bad idea to get started on that early as it can take some time to get this completed.

Once you get your petition filed with USCIS pop over to the Philippines forum and say HI - http://www.visajourney.com/forums/forum/129-philippines/


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: Country: Philippines
Timeline

I think you will be fine. Only over-stay that the U.S. government is concerned about is IF it were in the USA.

Once at the actual visa application process in Manila your fiancee will need a police certificate from Japan if she lived there 6 months or longer from the age of 16 or older, so it may not be a bad idea to get started on that early as it can take some time to get this completed.

Once you get your petition filed with USCIS pop over to the Philippines forum and say HI - http://www.visajourney.com/forums/forum/129-philippines/

Thanks for your response Hank!

But I'm a bit confused on the part where the requirement says that a police certificate is needed if the visa applicant lived in a foreign country for 6 months or longer from the age of 16 or older. Does FROM THE AGE OF 16 OR OLDER mean and apply to a person whom was living in Japan at the time when he/she turned the age of 16 and lived thereafter for more than 1 year?

Edited by Guam PHL

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Filed: Other Country: Philippines
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Thanks for your response Hank!

But I'm a bit confused on the part where the requirement says that a police certificate is needed if the visa applicant lived in a foreign country for 6 months or longer from the age of 16 or older. Does FROM THE AGE OF 16 OR OLDER mean and apply to a person whom was living in Japan at the time when he/she turned the age of 16 and lived thereafter for more than 1 year?

Age 16 and older, 6 months or more. So if the person turned age 16 and lived there for 6 months or more... police certificate is required.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: Country: Philippines
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I think you will be fine. Only over-stay that the U.S. government is concerned about is IF it were in the USA.

Once at the actual visa application process in Manila your fiancee will need a police certificate from Japan if she lived there 6 months or longer from the age of 16 or older, so it may not be a bad idea to get started on that early as it can take some time to get this completed.

Once you get your petition filed with USCIS pop over to the Philippines forum and say HI - http://www.visajourney.com/forums/forum/129-philippines/

Just in case that if for whatever reason the CO denies my fiance a K1 Visa, what are other options will me and my fiance have to obtain the visa? Should we go the route of filing a waiver? OR Should I marry my fiance in her country and then file an I-130 Petition for Alien Relative and will filing an I-130 increase my fiances' chances of obtaining a K1 Visa?

Edited by Guam PHL

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Filed: Other Country: Philippines
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Just in case that if for some grounds the CO denies my fiance a K1 Visa, what other options do me and my fiance have to obtain the visa? Should we go the route of filing a waiver? OR Should I marry my fiance in her country and then file an I-130 Petition for Alien Relative and will filing an I-130 increase my fiances' chances of obtaining a K1 Visa?

Whoooooaaaaaaaa!!! K-1 visa is not difficult, simply meet the requirements... it is good to be prepared but be prepared for the K-1 visa you are chasing... not for disaster. :lol:

You can't do both, I-130 requires you be married, which totally closes the door for a K-1.

Honest .... the sky is not falling... it is just a typhoon. ;)

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: Country: Philippines
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Whoooooaaaaaaaa!!! K-1 visa is not difficult, simply meet the requirements... it is good to be prepared but be prepared for the K-1 visa you are chasing... not for disaster. :lol:

You can't do both, I-130 requires you be married, which totally closes the door for a K-1.

Honest .... the sky is not falling... it is just a typhoon. ;)

I see Hank....sorry, I meant to say file an I-130 for a Spouse Visa (not a K-1 Visa) :)

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Filed: Other Country: Philippines
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K-1 & CR-1 have almost the same requirements, except for the obvious difference - not married, married. If you thing you are going to have issues with one you will have the same issues with the other.

K-1 is quicker to process and for your fiancee to arrive in the USA, down side it costs more, by about $800-900 to reach green card status. CR-1 obviously requires you be married before filing (so figure this time into the equation), then the processing time is longer by 4-6 months.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: Lift. Cond. (apr) Country: Spain
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There is no reason to deny the visa if your relatioship is honest and you two have all the documents needed :)


y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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