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sandraannie

Can an "Overstayed (?)" J2 visa lead to denial?

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Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,

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24 minutes ago, sandraannie said:

Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,

Did the j-1 report an early departure?


YMMV

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38 minutes ago, sandraannie said:

Hi! Me and my fiance will be applying for a K1 visa in January. We have started filling out the I-129F, which has raised some concerns. We met while I was an exchange student at his high school in 2014. When I came back home to Sweden after my exchange year, my mom just landed a job at Vanderbilt in Nashville so me and my whole family moved back to the US. My mom held the J1 visa, and the rest of us were j2's. After two months of living in TN my youngest sister got very sick, so my family had to return to Sweden. I, however, stayed and moved in with my boyfriend. I never stayed overstayed the visa, I actually left several months before it ran out, but I have since learned that I should have left along with the J1-holder. Since this I have travelled back to the US many times without any issues and I have been issued an ESTA. We are however worried that me staying, after my mother left (even though I didn't overstay) might get our K1 denied. Has anyone been in a similiar situation? On one hand we believe that if my stay in the US would have been unlawful, I wouldn't have been given an ESTA and on the other hand we believe that this can get us denied,

I don't know too much about J1's. Maybe, I'm being niave here but how does a J2 visa holder hold status if the accompanying J1 holder leaves the US? How long did you stay after your parents left the US? I'm going to hazard a guess based on your situation that you won't necessarily get denied on this but you can't hide from it. It must be declared on your I-129F and also DS-160. I expect you may be asked about it at your interview where you will need to be completely honest. It may be of interest to a CO why you stayed after your family and youngest sister (who was sick) left. I don't know that much about J1, so wouldn't rely on my comments 

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Overstaying a visa precludes further use of the VWP.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, Boiler said:

Overstaying a visa precludes further use of the VWP.

I'm strangely interested to learn more. Would this not have been picked up at POE? The OP has been several times to the US since? 

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Hi! Thank you for all the fast responses! I stayed in the US for six months after my mother left and I don't believe she reported her early departure. There was never any intent of doing anything shady, it's just that my youngest sister was so sick that that became the absolute main focus. We are thinking that if this was an actual violation of the immigration laws, I wouldn't have been issued an ESTA? I have been to the US about six or seven times since that, to visit my fiance and there was never any problems. I was once brought in for further questioning, but that was quickly cleared up as a misunderstanding.

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just be honest.

 

if you havent had any problems entering since, i dont think it will be an issue


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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1 hour ago, jakejon said:

I'm strangely interested to learn more. Would this not have been picked up at POE? The OP has been several times to the US since? 

All sort of things get missed at the PoE, they come up later when somebody examines the case when for example applying for a Visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It's probably relevant to mention that when I was attending High School in the US I received a scholarship to a local university. I called USCIS and the said it would be okay to stay in the US while I adjusted my visa. I ended up attending University back in Sweden instead, but I was in the process of changing my status. The reason I stayed in the US is that because I was an exchange student the previous year that didn't count toward my High School credit back home. So when we moved back to the states I resumed american High School and had only six months left to graduate when my sister got sick. If I would've gone back to Sweden I would have had to complete two more years of high school to get my diploma. So i ended up graduating in the states. Sorry if it's messy haha it's just a complicated situation

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J2 is a dependent of a J1, no J1 and no J2.

 

You can exchange status to FI but you would need to keep in status whilst doing so.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 hours ago, sandraannie said:

Hi! Thank you for all the fast responses! I stayed in the US for six months after my mother left and I don't believe she reported her early departure. There was never any intent of doing anything shady, it's just that my youngest sister was so sick that that became the absolute main focus. We are thinking that if this was an actual violation of the immigration laws, I wouldn't have been issued an ESTA? I have been to the US about six or seven times since that, to visit my fiance and there was never any problems. I was once brought in for further questioning, but that was quickly cleared up as a misunderstanding.

The ESTA is dependent on the answers you give in the application.

The U.S. doesn't accurately keep track of when people leave the country so when you declare on your ESTA application that you've never overstayed or violated immigration rules they take your word for it, as far as I know.

They will look a lot closer at your travel history when it comes to immigration compared to tourism.

 

When I lost my VWP privileges due to my own overstay I briefly considered lying on my next VWP entry and just ticking "No" on the question about overstaying (this was before the ESTA process came in when you just had to fill in a little form while on the plane).

I might have gotten away with it, I'll never know because I decided the risks to the plans I had then to eventually immigrate were too great.


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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All you can do is go through the K1 process and hope for the best, and always be honest, or it could lead to a denial of the K1.  Tell them everything and don't hide your J2 situation.  You don't want to risk a ban for misrepresentation.

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