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AnaidAaron

“Have you ever violated the terms or conditions of your nonimmigrant status?”

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Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

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1 minute ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application?  You have not violated the terms if you married within 90days. Those were the only terms.

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

Your immigration status has not changed. You can put out of status but it does not matter.

Thank you everyone! 

 

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4 minutes ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

I think you'll be fine as long as you did marry within 90 days window. 

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Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

8 minutes ago, K1visaHopeful said:

You have not violated the terms if you married within 90days. Those were the only terms.

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Thank you! I will answer yes and then explain that I was a K1 holder, married within the 90 day period and overstayed my visa, would that be enough? 

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3 minutes ago, AnaidAaron said:

Thank you! I will answer yes and then explain that I was a K1 holder, married within the 90 day period and overstayed my visa, would that be enough? 

More than enough. :)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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7 minutes ago, AnaidAaron said:

I did marry before the 90 days. I googled the question and some people did say it was a violation... maybe I’m overthinking it lol. 

Some people are just love giving a false answer!! (Avoid them)

 

You will be fine. Stop over thinking and prepare your AOS and enjoy life with your partner. 😁😁 VJ members are usually/always has a good advice 😉

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20 minutes ago, geowrian said:

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Im confused. Is there something wrong with my answer? I said the same thing. If she married within 90 days on her K1 she did not violate the terms of her Visa.

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35 minutes ago, AnaidAaron said:

Hi everyone, 

 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

 

Thank you everyone! 

If you married within 90 daya you did not violate the terms and conditions of your K1 status

Edited by Nitas_man

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20 minutes ago, K1visaHopeful said:

Im confused. Is there something wrong with my answer? I said the same thing. If she married within 90 days on her K1 she did not violate the terms of her Visa.

Read the question ;)

" Have you ever violated the terms or conditions of your nonimmigrant status? "

 

The visa wasn't violated. The status was by overstaying.

"I came on a fiancée visa and my 90 days already ran out"\

 

Edit: An overstay of even 1 day meets this criteria as noted in the USCIS Policy Manual (https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html). It won't impact the outcome (nor would an incorrect answer since it's not material), though.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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