Can we do a IR1 if I left the U.S. before K2 finished?

[Vikki001 0]

Hi,

 

I immigrated to the U.S. on a K1 Visa, and while my fiancé and I got marred, we had delays in starting the AOS process. Just as we planned to begin the AOS my beloved grandmother passed away and I returned to my home country for her funeral.

 

I know that this nullifies the K1 process and as such we are now looking to start the IR1 process as we have now been married for nearly 2 years.

 

The only problem is that due to our delay in starting the AOS process, I ended up over-staying my 90 days by several months. Thus I am wondering if I am banned now and what if anything we can do to begin the IR1 process without complication?

 

Thank you

[Roel 7,192]

Yep. Your overstay counts from the moment your i94 expired. So count how many days you were out of status and see if you have either 3 or 10 year ban.

 

There will definitely be complications because of the ban.  You will either need to wait until the ban is over or apply for waiver.

[aleful 1,905]

hi

 

it depends on how long did you overstay, if you have a ban or not. so how long did you exactly overstay?

 

it will depend if you will need a waiver or not

[Vikki001 0]

I entered in January of 2017. We got marred in March. I left in October.

 

Would that count as a ban and if so, how long?

 

Also, can someone explain how the waiver works? Does it need to be sent prior to submitting the IR1 or along with it?

[jan22 3,056]

3 hours ago, Vikki001 said:

I entered in January of 2017. We got marred in March. I left in October.

 

Would that count as a ban and if so, how long?

 

Also, can someone explain how the waiver works? Does it need to be sent prior to submitting the IR1 or along with it?

This is a tight enough timeline that exact dates are needed to determine if you overstayed by more than 180 days.

Exact entry date?

I-94 date of authorized stay?

Exact date you departed the US?

[Vikki001 0]

4 hours ago, jan22 said:

This is a tight enough timeline that exact dates are needed to determine if you overstayed by more than 180 days.

Exact entry date?

I-94 date of authorized stay?

Exact date you departed the US?

Arrived Jan 12, 2017

Departed Sep 26, 2017

I94 date of authorized stay... I’m not sure what this is?

[Jojo92122 1,924]

1 minute ago, Vikki001 said:

Arrived Jan 12, 2017

Departed Sep 26, 2017

I94 date of authorized stay... I’m not sure what this is?

You do not have a ban.  You overstayed for less than 6 months, so you do not have a ban.

[Vikki001 0]

1 hour ago, Jojo92122 said:

You do not have a ban.  You overstayed for less than 6 months, so you do not have a ban.

Thank you. And from where do you know this information? Where on the USCIS  it can be read?

[geowrian 22,337]

3 hours ago, Vikki001 said:

Thank you. And from where do you know this information? Where on the USCIS  it can be read?

You were granted legal status from 1/12/2017 to 4/12/2017 (90 days). So you started accruing unlawful presence from 4/13/2017 through 9/26/2017, which is 167 days. The first bar due to unlawful presence kicks in at 180 days.

 

INA 212(a)(9)(B)(i)(I) (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html):

"(B) ¹³ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or..."

Edited July 4, 2018 by geowrian

[pushbrk 12,979]

The above calculations may be off by a day but not by 13 days, so I concur there is no ban.

[Vikki001 0]

Thank You