CrankyGoose

Hi there,

I and my fiance are working on K1 visa. And right now our case is at NVC. I am a Thai citizen and I used to study in the U.S. for many years on J1 and F1 visa (high school and college). In 2012, I lost my old passport with possible both U.S. visa stamps (I dont quite remember if J1 visa stamp was on that passport) when I moved cross country. I reported the USCIS, paid $300 something and had my i-94 replaced. However, I didnt file a police report because I didnt think I needed it. Now that I am in the process of collecting all neccessary document before the interview, I realized that I must show all the immigration record of prior U.S travel or if lost or stolen, I must present the consular officer a police report.

Here is the problem

1. I went to the police station in Thailand to report the "lost" passport. They were unable to state that the passport was lost in the U.S as its not within their jurisdiction. They instead wrote that it was lost in Thailand.

2. I called NYC police deparment to see what they can do for me. Unfortunately they said that they cannot issue me a police report as I am not physically present in the U.S. and there ia nothing you can do about it even when I said I need it for the U.S. visa interview.

3. I emailed U.S. embassy in Bangkok and they said

"Dear Sir/Madame:

Thank you for your e-mail. Please note that we are unable to preadjudicate the case. Only on the interview date, the Consular Officer will make determination whether the visa is approved or additional documentation is required.

Once the petition is approved by USCIS, you case will be transferred to the U.S. Embassy abroad where the beneficiary (your fiancé) is residing for further actions. At that stage, we will be liaising with you regarding the following procedures required and, later on schedule, the interview appointment for the applicant.

Regards,

Immigrant Visa Unit

U.S. Embassy Bangkok"

Does anyone know if there is anything I can do at this point? I currently have

- all the issued i-20

- "photocopy" of my lost passport and F1 visa stamp

- i-94 replacement

- No J1 record whatsoever because that was 10 years ago and I was only 16!

Thank you!

Kimi

Here is the link to thai passport online scheduling.

https://www.passport.in.th/eService/

I renewed my passport on March 2016 at the avenue in pattaya. So, if he lives in Pattaya, its more efficient for him to get it done at "the avenue."If he books an appointment online, he can get his passport processed very quickly. I went in less than 20 minutes while others who didnt make appointment online waited for hours. After approximately a week, my new passport was mailed to me.

Your welcome. Also,I forgot to mention that make sure the two witnesses bring thier Thai I.D. too (both original and photocopied). I belive the witnesses have to be older than 18 and they will be asked to fill out some forms as well.

Good luck

Kimi

Hi there,

For a single certificate, he doesn't need to take his parents if he is older than 18. I went to get my single certificate at a local district (amphur where I am listed on a house registration) a few weeks ago. It is relatively easy, so here are the lists of what your fiance needs to bring

1. House registration (ทะเบียนบ้าน original and photocopied)

2. Thai I.D (original and photocopied)

3. Two witnesses. They can be his friends, parents, or siblings (I brought my dad and my sister as witnesses)

4. 20 baht

The process should be done within 1 or 2 days. I got mine the same day.

Also, when your fiance goes there, make sure he tells officials that he wants it for the U.S. fiance visa.

And I am sorry I have no idea regarding a birth certificate

If your fiance has any questions, you can have him contact me at kimiwong7@gmail.com

I am going through the same process at the moment

Kimi

Thank you so much guys for all your knowledgeable inputs! Luckily, her advisor got back to her yesterday and confirmed with her that she was never out of status. That was a great news!

Anyways, I truly appreciated all your time replying on this post! And I hope this post is helpful for those who might be in similar situations.

Thank you

Eric

Last question here. So (again lets assume that she was out of status) when we prepare for DS-160, there will be a question that asks about unlawful presence in the U.S., should she accept or deny the unlawful presence?

Thank you once again

Thats definitely comforting to hear. Its is a big relief on my part. Thank you so much for your knowledgable info. I really appreciate it

Thank you

Hi, Thank you for the reply. The information you provided is very helpful. But I have a few questions.

- First, (lets just assume her F1 was terminated) does it mean that when she goes for a K1 interview, the consular officer will never know of how long she stayed after she was out of status?

- Will they know of her SEVIS termination?

- Also, is it possible for the consular officer to not grant her the K1 visa because she was out of status? Will they be allowed to use such information against her?

Thank you

Hi Arken,

Thank you so much for the reply. Its really helpful. As of now, there is nothing we can do until her adviser gets back to her to confirm her. In the mean time, she checked all her personal emails and student email (assigned by her school), and she found no emails from the international student office whatsoever. No calls, no letters were ever received while she was living in the U.S. She was never notified, so I just really hope she was never terminated.

Thank you so much for the reply, it really help ease out my anxiety

Hi there,

Thank you so much for the answer. However, as I have mentioned earlier, she already left the U.S. and is now in her country. Now we already recieved our NOA2. We were excited until she thought she "might" have overstayed.

Will it an absolute "no" for my fiance to get a k1 visa?

Thank you

Eric

Hi,

I and my fiancé are in the k1 process. We met in 2014 when she was a student (F1 visa) on OPT (OPT granted on October 10, 2014.) She left the U.S. on December 6, 2015 (OPT ends on October 9, 2015 with 60 days grace period.)

After we received NOA 2, she went through her document and found out she "might have" overstayed her visa

How?

OPT allows graduated students to work in the U.S legally for at least 12 months

All students must report their employment status within 90 days after the OPT is granted (NON-STEM)

However, my fiancé reported her employment status to the school later than 90 days (20 days late) because she mistakenly thought that she must report before 120 days. When she reported to the school, the international student adviser only said, "Ok, Thank you."

Since then, she has not gotten any emails, phone calls or letters from her school stating that her F1 is terminated or (not). So, she continued to live in the U.S. until her OPT ends because she thought that everything was OK.

Now she is not sure if her F1 has been terminated. She is currently waiting for her school adviser to get back from vacation in August to discuss with her of her previous F1 status.

So, my questions are

- Generally is it the school responsibility to report students status? Her school has never contacted her regarding her status during OPT.

- If it happened that she did unintentionally overstayed, will she be eligible for K1 visa? (she may have overstayed approximately 9-11 months depending when her i-20 was terminated)

- If she is still eligible for K1 visa, are there any additional document required specifically for this situation? (any kind of waiver)?

- Is there anything we can do now to better the situation?

Thank you