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Need some answers on past visa denials/maintaining status/grace period

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Hello,

 

I have my K1-fiance visa scheduled on August 7th and was gathering documents and few things regarding my past visa status is freaking me out a little bit and would need some answers. Hadn't thought these things would be a big issue but suddenly worried.

 

So here is my history:

April 2014: Entered USA on H-4 visa 

July 2014: COS from H-4 to F-1 Approved. Started working from Aug 2014 on F1 status(CPT dates: July 29 2014 to July 30 2015)

June 2015: Left USA to Scotland to visit my family and when I returned: H4 stamped back on my passport and F1 no longer valid. I stopped working right on the day I left to Scotland.

July 2015: Applied for a divorce and COS to F1 in order to maintain a valid status as I knew my h4 will end soon.

Oct 19 2015: Divorce was finalized 

Dec 14 2015: COS denied as USCIS assumed I worked from July 5th(day i entered USA ) until the last day mentioned on CPT(July 30 2015) but I did not and have valid proof like employment letter to prove the same. (I have mentioned this in DS-160)

 

I left USA on December 31 2015 back to India. My question is

 

1) Is it considered overstaying or illegal because i stayed 15 days after my COS was denied and I did not have any valid status then? Is there a grace period allowed?

2) After my divorce was finalised on Oct 19th I stayed in USA as my COS from H4 to F1 was in progress. This is not any issue correct?

3) Will these past history affect my K1 visa?

 

I also have a valid tourist visa stamped on  my passport valid until 2022. If that helps

 

Thanks for taking time to read through!

 

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Posted (edited)

there are multiple things that seem to be very sketchy in your immigration history. for your F-1 it seems like you never attended school but used the F1 status as a tool to work in the US. CPT requires school approval with an employment offer letter related to the field of study and mostly shady or fake schools with provide CPT authorization during the first semester. Also, your overstay was 51 days in this case since its counted from the day your previous status had ended and not when the COS was denied. Since it was less than 180 days you do not have a ban for overstay. Also, I think your tourist VISA was void the moment you had any overstay

Will these past history affect my K1 visa?

IO will consider your past immigration history while making a decision. India is considered a high fraud country and with a shady looking immigration history you are likely to face a lot of scrutiny. I hope you have a lot of visits and face time with your partner, as well as sufficient proof of a bonafide relationship

Edited by Bajinga

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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