JuneFirst

No, I have not called.

I emailed them, but never got a response.

The biggest problems (in my opinion) is, that they are not even sure if it was an overstay or something else.

I asked US Immigration in January AND an agent at the Embassy what the problem is, what I did wrong, why I overstayed.

Nobody could give me an answer, they just aked those 4 questions that I wrote down in my first post.

And I know for a FACT, that I did not overstay. I came + left the states on time, did not break any laws or did anything I should not have done.

I got 2 visas issued within 2 months before I started my High school year (J1 for public school and then a F1 for a private school. my exchange program messed up and did not find a school for me) I wonder if that could be the problem?

help...

Question:

I stayed 139.

I had 90 days (VWP).

So I overstayed 49 days, right?

And my 2nd question:

When are those overstays are going to be an issue? At USCIS level, the interview at the Embassy...?

F1 would have expired in 2012. Since I had left the country for more than 5months the F1 was not valid anymore when I returned, I entered as a Visitor under VWP

I applied for a CoS Jan 21st, got the denial in may and left 24 later (USCIS gave me 30 days to leave).

Nobody out there who can help me?

yap...its me again

my fiancè wants to put my name on his bank accounts.

how do we do this since i am not a USC?

F1 would have expired in 2012. Since I had left the country for more than 5months the F1 was not valid anymore when I returned, I entered as a Visitor under VWP

I applied for a CoS Jan 21st, got the denial in may and left 24 later (USCIS gave me 30 days to leave).

Our attorny told us not to worry about those overstays because they would not affect the CR1.

So no, I did not try to challenge the first reason. (Well, I emailed the embassy, but the never emailed me back. Then we hired an attorny and "stopped worrying about it")

I was using a F1 Visa to attend a privat high school.

No, they did not impose a ban for me to come back.

I read online that it is a problems if it is more than 180 days

The probelms it, that USCIS obviously does not even know how long i overstayed or why I even have a remark on my file.

AND: if i would have overstayed more then 180 days, they would not have let me in the country the 2nd time, right?

So I guess I just wanna now, if a "minor overstay" could make it difficult to get a CR1 visa?

I came to America Fall 2007 to spend a High School Year and left the states Summer 2008.

I went back to the States Winter 09 and had problems getting in the country (they did not tell my why. they just kept asking

a) did you start school late B) did you overstay c) did you leave early d) did you change schools?)

While I was in the US (Visa Waiver) a college told me I could just apply for a change of status, get my F1 in the States and start going to school there.

(I would have gone back in March and applied for a F1 in my homecountry)

So I applied and -of course- got it denied, since I did not even qualify for a change of status.

I went back after 139 days (USCIS had told me to stay til the decision) and applied for a F1 visa in G.

They denied it.

Reasons were the high-school-year.overstay (which never happened!!!!), the second overstay (which was not an overstay, USCIS told me to stay!) and just not enough ties.

Now me and my fiancè are planning on getting married and we are wondering if my "past" could affect the CR1 and what we can do to avoid probelms?

Hey

Me and my soon-to-be-husband are wondering if hireing an attorny helps?

Sounds like most RFEs are caused by people making mistakes at filling out the papers/getting the right papers (because they have never done it before).

Does having an attorny expedite the process ? ( since it is more "official" than if somebody just filles out the papers and does not know exactly what he/she is doing)?

Does having an attorny better the chances of getting the visa?

Thanks for your answers

* Boarding Passes (he comes to G once a month)

* Hotel Bills

* Sprint phone-records

* Skype

* 5 Emails a months/person

* list of all the Emails we have sent (at least 2 a day)

* Pictures (just got the first "load" of good pictures developed: 85 )

* Letters from us

* Letters from our friends

* Letters from our families

* Walmart people etc that saw us being so happy together

* our apartment

* my name on his life-insurance

* my name on the house-titel

* my name on the truck titel, motorcycle title etc

* joint bank account

* Hotel + Flight confirmation mails

* receipt of my engagement ring (i love that ring)

* Letters that we sent each other

* FedEx Receipts

* Postcards we sent each other

* Car Rental Receipts

Okay, I think that is all the proof we have to far...and we have 5more months to go ( we are planning on getting married Dec. 31st 2009 )

I really thought we are overdoing it, but after reading what some of you guys have....no, we are not overdoing it

Hey

we just started collecting proof of our relationship and are wondering how much proof we nee do to have?

so our question is:

HOM MUCH PROOF DO YOU HAVE??

how many pictures, letters, emails...etc...

could you please list all the proof of your relationship, so we can get an idea of how much we should have?

and our second question:

is it possible to have "too much prove"? could that influence our case in a bad way?

F+P

I wonder if a pregnacy could speed up the K3 process?

Seems like the women that were pregnant when they applied for the K3 got their visas alot faster?

How do you think that is possible? The folks at the service center won't know since there is no way to tell them; there is no spot on the forms to show you are pregnant.

It was just a question. I did not say I was trying to get pregnant, did I?

I wonder if a pregnacy could speed up the K3 process?

Seems like the women that were pregnant when they applied for the K3 got their visas alot faster?

Hey

Some people say it takes 7 months to get the K3/CR1..Other say it takes 14 months?

I wonder how long it usually takes, so this is my question:

How long did it take to get the visa?

[ I know that many users have their timeline as their signature...i do not want to know though how long it took til NOA1/NOA2 et cetera.

i just wanna know how long it took to get the visa?)

Thanks

Hey

What probelms did you have to deal with? What would you do differernt if you had the chance to start the whole K3/CR1 process all over again?

Which "mistakes" are unnecessary?

hey u dont need to waste the money on attorney. just goto www.irs.gov and u can set up ur payment plan or u can just visit the local irs office to do the same thing. CO will never ask u about the money u owe in back taxes. as long as u make over the poverty line and thats all is the matter in visa process. good luck. abby n sheryl

well, an attonry can help to reduce the interest & penalty,right?

NO... But they can help lighten your wallet if you are not smart!

The IRS can take ALL your assets and they do not NEED to bargain with you to get what they want...

There is no 'statute of limitations' or other law preventing them from hounding you until the day you die. They CAN and WILL take what they feel is owed to them and unless you are terminally ill or SEVERELY disabled to the point that you can simply not afford to pay up... They WILL get their money... The tax attorney will get your money as well if you are unwise as to their practices and the tax laws currenty in place... The lawyer wants your money!!! When in doubt, get a second opinion from someone that is NOT a lawyer and NOT interested in taking your money...

I feel sorry for you because you fell for an advertisement on TV...

I dont even watch TV

One of my "husbands" friends is an attorny and she told us we would save alot of money by letting an attonry take care of everything.

Okay...so the affidavit of sponsor is necessary to make sure, that the government wont have to pay for me, right?

So..if my husband has a paymnt plan and can proof that he still makes enough money to support me..well, then there should not be a probelm.

They cannot use that as a reason to deny the CR1 since all the requireents will be fullfilled, right?

Oh, one more question:

My husband has to pay for his ex-wife for th next 2,5 halb years...they ask for the household size...do we have to put down 2 (me and him) or 3 (her, me and him)?

hey u dont need to waste the money on attorney. just goto www.irs.gov and u can set up ur payment plan or u can just visit the local irs office to do the same thing. CO will never ask u about the money u owe in back taxes. as long as u make over the poverty line and thats all is the matter in visa process. good luck. abby n sheryl

well, an attonry can help to reduce the interest & penalty,right?

NO... But they can help lighten your wallet if you are not smart!

The IRS can take ALL your assets and they do not NEED to bargain with you to get what they want...

There is no 'statute of limitations' or other law preventing them from hounding you until the day you die. They CAN and WILL take what they feel is owed to them and unless you are terminally ill or SEVERELY disabled to the point that you can simply not afford to pay up... They WILL get their money... The tax attorney will get your money as well if you are unwise as to their practices and the tax laws currenty in place... The lawyer wants your money!!! When in doubt, get a second opinion from someone that is NOT a lawyer and NOT interested in taking your money...

I feel sorry for you because you fell for an advertisement on TV...

I dont even watch TV

One of my "husbands" friends is an attorny and she told us we would save alot of money by letting an attonry take care of everything.

hey u dont need to waste the money on attorney. just goto www.irs.gov and u can set up ur payment plan or u can just visit the local irs office to do the same thing. CO will never ask u about the money u owe in back taxes. as long as u make over the poverty line and thats all is the matter in visa process. good luck. abby n sheryl

well, an attonry can help to reduce the interest & penalty,right?

Hi,

I think you guys should be worried, because it could be an issue, and even a reason for denial. I know that the I-864 is a very important factor in the CR1 process, and they do look at it fairly closely.

We have hired a tax attorny who will help us to set up a payment-plan for those taxes.

Is there anything else we can do to avoid getting problems due to those back-taxes?

You very likely just wasted money on that tax attorney. You could have just called the IRS yourself on the phone and they would have been more than happy to help you set up a payment plan that would work with your budget.

I did this before in the past. I owed them a few thousand (less than 5k I believe), called them up on the phone and the lady that assisted me was very helpful and polite. She asked me what I could afford to pay each month and then set my payment to them at a little lower than that just to make sure that it would not be a problem for me. She explained that I could pay more towards my debt at any time I wished... They also sent me an invoice/statement each month that reflected all of the parments received and the current balance owed... The IRS is only concerned about getting their money. They WILL very readily work out a payment plan for anyone that is attempting to pay their past due taxes and they do not charge anything extra for doing this. The panalties and interest you still have to pay but a tax attorney can't make these charges 'magically' disappear...

It is a common misconception to belive that a tax attorney can make some of your IRS debt just 'go away' or be forgiven... It makes for a good commercial on TV but in reality, this is a very difficult thing to do... You must PROVE a serious hardship and inability to pay before the IRS will even consider reducing a debt owed to them...

The IRS does not really 'need' to negotiate a debt settlement to get their money from a person. They have the power to just come and 'take it' from you. They are not as likely to reduce a debt the way that a credit card company would.

Hope you did not spend much on the tax attorney for something you could have easily done yourself...

If you manage to set up a payment plan, and your I-864 is already approved in NVC, think the consulate would still scrutinize it and deny the visa?

was there ever a case like this?

Good question!

Well, we were told to hire an attorny because it could save us alot?

Hey everybody 

I spent a High School Year in America (2007-2008). I fell in love while I was in America.

I went back to visit my hostfamily in January 2009 (Visa Waiver). While I was there I was looking at colleges and the college told me I could just change my status without returning to my homecountry.

So I applied for a change of status which was denied 139 days after my arrival in the US.

USCIS told me I had to stay til the decision was made, that is the reason why I did not leave after 90 days.

My boyfriend (45) is still married and I (19) wanted to go to college, we would have been able to see each other.

Anyway, so I went back home and reapplied for a F1 visa.

At the Embassy they blamed me for violating the laws during my High School Year (I still do not know why. I came to America and left America on time, had the right papers.

I am working on getting that overstay off my file, because it simply never happened. I had probelms at the POE because of that “overstay”).

The denied the application because I did not have enough ties to my homecountry.

They also asked me if I had a boyfriend, I said NO (we were taking a “break”, so that was the truth)

A few days later me and my boyfriend got back together. He is divorced by now and we really wanna be together. Things have changed. He is not married anymore, I can’t go to school, so we need a “new plan”.

The plan is the K3 visa. I am really afraid though that we might have problems getting it because of

- me trying to change my status

- the denied visa

- the age differnce.

Can anybody help me? Has anybody gone through something similar?

I really love him. I want to do this right but I feel like there is so much against us and I just do not how good/bad our chances are?

Please help me!

- me trying to change my status

>yes, but can be overcome by proof of bonafide relationship.. i think.

- the denied visa

>this one I don't think so...

- the age differnce.

>again, as i was told so many times, this can be overcome by proof of bonafide relationship.

Good luck!

thanks

Well,the visa was only denied because I did not have enough ties to Germany...so I think that should be okay ..since I wont need to prove any ties when i apply for the CR1!

Hi,

I think you guys should be worried, because it could be an issue, and even a reason for denial. I know that the I-864 is a very important factor in the CR1 process, and they do look at it fairly closely.

We have hired a tax attorny who will help us to set up a payment-plan for those taxes.

Is there anything else we can do to avoid getting problems due to those back-taxes?

My "husband" (not yet ) owns the IRS quit a bit of money.

He does make enough money to sponsor me but we worry that those back-taxes could cause a visa denial/problems.

Do we worry to much?

If you marry you will want to go for the CR1, rather than K3, as CR1 gives you the GC after arrival (no Adjustment of Status as with K3) and will save around $1000 in fees.

Age difference can matter at some MENA consulates. You have not indicated your home country so we cannot advise based on that potential.

You will have to prove a bona fide relationship to obtain the visa. Both of you should do some reading here on VJ to educate yourselves as to what is needed to have a successful visa process.

Best of luck to you.

I am from Germany.

How can we prove a bona fide relationship? Pictures, letters, emails, phone records, letters from family&friends, plane tickets...anything else?

Or: is there anything in particular that we should have?

What is a MENA consulate?

The change of status and all that...how difficult will it make it for me to get a CR1 or K3?

I know they would deny it if i was really sick or if i was a criminal.

But an overstay is also a reason to deny a visa. Are those 139 days considered an "overstay" ?

(..i did not stay because i wanted to...i was told by USCIS that i had to stay)?

If yes...can we still get it? I read online it is not a problem as long as the overstay was <180days?

Hey everybody 

I spent a High School Year in America (2007-2008). I fell in love while I was in America.

I went back to visit my hostfamily in January 2009 (Visa Waiver). While I was there I was looking at colleges and the college told me I could just change my status without returning to my homecountry.

So I applied for a change of status which was denied 139 days after my arrival in the US.

USCIS told me I had to stay til the decision was made, that is the reason why I did not leave after 90 days.

My boyfriend (45) is still married and I (19) wanted to go to college, we would have been able to see each other.

Anyway, so I went back home and reapplied for a F1 visa.

At the Embassy they blamed me for violating the laws during my High School Year (I still do not know why. I came to America and left America on time, had the right papers.

I am working on getting that overstay off my file, because it simply never happened. I had probelms at the POE because of that “overstay”).

The denied the application because I did not have enough ties to my homecountry.

They also asked me if I had a boyfriend, I said NO (we were taking a “break”, so that was the truth)

A few days later me and my boyfriend got back together. He is divorced by now and we really wanna be together. Things have changed. He is not married anymore, I can’t go to school, so we need a “new plan”.

The plan is the K3 visa. I am really afraid though that we might have problems getting it because of

- me trying to change my status

- the denied visa

- the age differnce.

Can anybody help me? Has anybody gone through something similar?

I really love him. I want to do this right but I feel like there is so much against us and I just do not how good/bad our chances are?

Please help me!