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jeessgb

Multiple entries with B1 visa, now filing K1 visa

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Hi everyone

I was just filling the DS-160 online form for K1 visa when I encountered the next questions:

"Have you been unlawfully present in the US for more tan 180 days and have voluntarily departed the US within the last three years?"

"Have you ever been unlawfully present in the US for more tan one year in the aggregate in any time during the past ten years?"

First of all, this questions come with a set of questions that if you answer YES to any of them basically means you broke the law. So the only correct answer will be NO.

I live in Mexico right next to the border with the US. I've had a visitor visa (always for a period of 10 years), basically since I was born. In the past ten years I've crossed to the US at least 4 times a year (always for a weekend, or on transit to take a flight to europe). But last year in March I met the love of my life, and have been crossing pretty often since then. Last year I would say I crossed one time every two weeks and stayed for the weekend. But this year I got a sentri card which allows a faster crossing, and I usually drive across the border and stay the night with my fiance for around 1 or 2 times a week, and then come back to my place the next day. He crosses to Mexico too once or twice a week.

My concern is now that I read those questions, I might actually complete more than one year IN THE AGGREGATE for the past ten years. And I might as well complete more tan 180 days IN THE AGGREGATE for the last year. Can't really tell accurately, since it has been many times, most of them for the weekend or less tan 24 hours. I have never had trouble driving across with the CBP officers, or obtaining an I-94 permit, never even being to secondary inspection, and like I say they granted me SENTRI pass this December.

However I am now worried that I'll make it to the interview stage at the consulate only to be denied the K1 visa or even worse, removed from my B1 visa and banned from entering the country. I feel there's a small chance of this, and also not really sure if I broke any law, but that situation would be catastrophic for me.

Thank you in advance for all the information you can give me regarding to this! It would be much appreciated, I'm bitting my nails here.


:star: K1 Timeline :star:

I-129F Sent : Apr 01, 2016

I-129F Received : Apr 06, 2016

I-129F NOA1 : Apr 08, 2016

I-129F NOA2 : Jun 21, 2016

NVC received : Jul 15, 2016

NVC case number : Jul 15, 2016

NVC left : Jul 19, 2016

Consulate ready : Jul 20, 2016

Interview : Aug 11, 2016

Visa issued: Aug 15, 2016

Visa in hand: Aug 17, 2016

POE: Aug 20, 2016

Wedding: Sep 15, 2016

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hi

don't worry, you have never been unlawfully present,

you haven't entered the country and stayed for over a year in the country and left, there is no ban so you don't need a waiver

you have returned to Mexico every time, so you haven't been unlawfully living in this country

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Yes, the key phrase is "unlawfully". You have not done that, so you are good to go. Answer "NO".


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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It doesn't ask how long you have been inside the US over the last year or 10 years. It asks if you have been in the US unlawfully(illegally) for those certain periods of time. You only spoke of entering legally with the tourist visa or Sentri pass. Did you ever enter and/or stay unlawfully? If not, then there is nothing to worry about, and you answer NO.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I get it. I think (and hope) you're right.

Thank you all three for your kind answers. =)


:star: K1 Timeline :star:

I-129F Sent : Apr 01, 2016

I-129F Received : Apr 06, 2016

I-129F NOA1 : Apr 08, 2016

I-129F NOA2 : Jun 21, 2016

NVC received : Jul 15, 2016

NVC case number : Jul 15, 2016

NVC left : Jul 19, 2016

Consulate ready : Jul 20, 2016

Interview : Aug 11, 2016

Visa issued: Aug 15, 2016

Visa in hand: Aug 17, 2016

POE: Aug 20, 2016

Wedding: Sep 15, 2016

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