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WayneandYancy

Fiance son has overstayed a 30 Visa. Will this affect the Visa at interview.

By WayneandYancy in K-1 Fiance(e) Visa Process & Procedures

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WayneandYancy Newbie

WayneandYancy   0

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Hi all,

My Fiances son has been in the US for 90 days on a 30 Visa. She has 4 children. If we listed the youngest 3 and did not list the oldest, is there anyway this would cause a red flag either in the Visa process or Embassy interview?

Easy answer is to bring him home and include him in the Visa Petition. However the family member is telling her i am being to cautious and he is fine where he is.

Any ideas?

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Alaska2012 Proficient

Alaska2012   462

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Doesn't it say to list all kids?

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Unidentified Mentor

Unidentified   2,930

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Filed: Citizen (apr) Country: Sweden
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Hi all,

My Fiances son has been in the US for 90 days on a 30 Visa. She has 4 children. If we listed the youngest 3 and did not list the oldest, is there anyway this would cause a red flag either in the Visa process or Embassy interview?

Easy answer is to bring him home and include him in the Visa Petition. However the family member is telling her i am being to cautious and he is fine where he is.

Any ideas?

What 30 day visa? Did he go to American Samoa? They have a 30 day visa. USA generally have 90 day Visa Waiver program.

Not filling in applications truthfully is a huge red flag yes. Why would you not list him? If he is not coming along to the US, that's fine. But you should still mention that he exists.





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Alaska2012 Proficient

Alaska2012   462

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Filed: Citizen (apr) Country: Sweden
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The kid could have been granted a 30 day tourist visa..?

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Unidentified Mentor

Unidentified   2,930

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Filed: Citizen (apr) Country: Sweden
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Posted (edited)

The kid could have been granted a 30 day tourist visa..?

I didn't know they put time limits on them. I thought you got the full 6 months they're for? Learned something new!

Otherwise it seems that American Samoa has a 30 day visa for some countries.

Edited by Maria&Seve




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Alaska2012 Proficient

Alaska2012   462

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The customs can stamp the visa with a shorter period of time

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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List ALL children regardless of their age, or location.

Lying or not including relevant information on a petition can lead to misrepresentation and a US ban.

Don't be dumb.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Penguin_ie Grand Master

Penguin_ie   5,986

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She needs to list all the kids. She doesn't have to petition them all, but she needs to list them.

The son should get out of the USA, if he is still here, before he incures a ban.... right now, at 60 day overstay, he has no ban.

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.

mod penguin.jpg

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Unidentified Mentor

Unidentified   2,930

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They think that by some weird logic their application will go faster and don't realize they will get caught for misrepresentation and they don't realize how incredibly bad that is.





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NikLR Grand Master

NikLR   13,220

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why would anyone be dumb enough to lie?

Have you read dwheels thread about the guy who is claiming a step-child is his child without any formal adoption? Unfortunately, they exist.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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WayneandYancy Newbie

WayneandYancy   0

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For those who may read this thread in the future.

I have researched the question about children being listed on the K1 Visa thoroughly. The language used on different websites, government websites, books and so forth are not clear. I even called several attorneys about the subject and received different answers. I have decided to hire an attorney but which one. Even they do not agree on the answer.

So today, I actually went on to the Embassy website to submit the question to see their answer. They forwarded my question to ustraveldocs.com. See their reply below. I do appreciate the members responses on this forum until they started accusing us of wrong intentions. However, according to the U.S.Visa Service Desk answered, we in deed do not have to list all children only those wanting to be a part of the Visa Petition.

Hope someone finds this helpful.

Good Morning,


I am trying to hire an attorney and I am getting different opinions on something I think is simple!


My Fiancé had 4 children. Only 3 want to come to The United States, do we list all 4 on the petition or only the ones who are wanting to come?

Dear Mr. Hornsby,


Thank you for writing to the U.S. Visa Service Desk.


Please note that you only have to put the information of the people that are applying for a visa to the US.


For further information please visit our website
.


Sincerely,

U.S. Visa Service Desk

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NikLR Grand Master

NikLR   13,220

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The US Visa Service desk does not deal with petitions. They deal with visas. You are asking about an I-129F which is a petition filed with the USCIS who is run by the Department of Homeland Security.

This is not the same as an answer from the US consulate or Embassy. Those, and the NVC, are run by the Department of State.

Also please note UStraveldocs is not a government owned website. It's owned and run by a private company. CGI Group Inc. who is based out of Montreal, Canada. All US government websites will end in .gov not .com

I would not take their word as law.


On VJ we tend to say, read completely, interpret literally. If the form says ALL, then write ALL.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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