Possible grounds for K-1 rejection?

[MLD 0]

Hi,

I'm new to this board but I've found it unbelievably helpful trying to complete and send out my petition for a K-1 visa. Thanks all.

I'm finishing up completing all of my initial paperwork and documenting my relationship with my fiance but I've run into a trouble spot that I'm not sure what to do.

I met my Cambodian fiance in Thailand and traveled there four seperate times last year to spend time with her. I have a lot of documentation detailing our time together but I found out she had traveled from Cambodia to Thailand during that time without a visa so obviously the dates we spent together won't match up in our passports. She had traveled to Thailand by obtaining a visa several times prior to last year.

This seems big to me but I'm not sure--this is my first time attempting to apply for the K-1.

I know I've read someone overstaying any US visa and then applying for a K-1 or any other visa is difficult. Does that same rule apply if someone is found to overstay a visa from entirely different country?

Any info would helpful,

Thanks again.

[kaydee457 13]

Hi,

I'm new to this board but I've found it unbelievably helpful trying to complete and send out my petition for a K-1 visa. Thanks all.

I'm finishing up completing all of my initial paperwork and documenting my relationship with my fiance but I've run into a trouble spot that I'm not sure what to do.

I met my Cambodian fiance in Thailand and traveled there four seperate times last year to spend time with her. I have a lot of documentation detailing our time together but I found out she had traveled from Cambodia to Thailand during that time without a visa so obviously the dates we spent together won't match up in our passports. She had traveled to Thailand by obtaining a visa several times prior to last year.

This seems big to me but I'm not sure--this is my first time attempting to apply for the K-1.

I know I've read someone overstaying any US visa and then applying for a K-1 or any other visa is difficult. Does that same rule apply if someone is found to overstay a visa from entirely different country?

Any info would helpful,

Thanks again.

I'm not sure what you're worried about? Did she lawfully travel to Thailand, or is a visa required?

Are you worried that your relationship evidence won't jive? If so, I don't see any problem at all in that you can simply explain the circumstances. You should attach a seperate sheet of paper explaining the disparity.

It's obvious that you travelled there for some reason, and I'm sure you can back up your assertion with other evidence.

Remember, your evidence needs to tell a story, and it's the complete picture that you present that's going to be evaluated.

Read through these forums and get an idea of what evidence you need to gather up to build that "story".

One word of caution here. More is not better in this process, so present pieces of evidence that starts at the beginning of your relationship and continues from there, one piece at a time.........

[kaydee457 13]

I want to add to my previous post that you need to show photos, and other evidence that you two were together in Thialand.....

Did you ever visit her in Cambodia? Ant proof of that? Any correspondance between the two of you discussing your trip, your plans to meet?

You get the idea.......

[MLD 0]

I appreciate the advice. I do have a lot to detail our story and I'm working to put all that together now, I'll continue to check out the site.

Thanks again.

[Kathryn41 3,205]

USCIS won't care if she overstayed a visa in another country - they actually have no way to verify that anyway. They are only interested if she has violated US immigration laws by overstaying a visa to the US.

[pushbrk 12,824]

USCIS won't care if she overstayed a visa in another country - they actually have no way to verify that anyway. They are only interested if she has violated US immigration laws by overstaying a visa to the US.

Right. What you need is primary evidence she was in Thailand the same time you were. What do you have?

[MLD 0]

USCIS won't care if she overstayed a visa in another country - they actually have no way to verify that anyway. They are only interested if she has violated US immigration laws by overstaying a visa to the US.

Right. What you need is primary evidence she was in Thailand the same time you were. What do you have?

Well, I have a lot of photos of us together and all of my bank/cc receipts placing me in Thailand but she has some documents--not many--placing her in Thailand at the same time. She's sifting through her stuff to find more dated docs/receipts.

[pushbrk 12,824]

USCIS won't care if she overstayed a visa in another country - they actually have no way to verify that anyway. They are only interested if she has violated US immigration laws by overstaying a visa to the US.

Right. What you need is primary evidence she was in Thailand the same time you were. What do you have?

Well, I have a lot of photos of us together and all of my bank/cc receipts placing me in Thailand but she has some documents--not many--placing her in Thailand at the same time. She's sifting through her stuff to find more dated docs/receipts.

One document is enough but it needs to qualify as primary evidence. Are there stamps in her passort indicating entry and/or exit? That's primary evidence. You say she didn't have a visa. Did she sneak across the border. Overstay and entry without inspection are not the same thing.

[MLD 0]

One document is enough but it needs to qualify as primary evidence. Are there stamps in her passort indicating entry and/or exit? That's primary evidence. You say she didn't have a visa. Did she sneak across the border. Overstay and entry without inspection are not the same thing.

Right, there are no stamps in her passport for her last travel to Thailand. I'm learning this for the first time so obviously i'm frustrated. My fiance felt as though this was okay if traveling from Cambodia to Thailand. She's going back to Thailand and stamping her passport but that doesn't account for the time we spent together which concerns me most about this process. I'm fearful that this will be an immediate ground for visa denial despite all of the other docs we have and obviously I'm not going to lie about when and where we met. We'll see what happens. Thanks.

[pushbrk 12,824]

Is there any other documentation of her being in Thailand when you were?

[MLD 0]

Is there any other documentation of her being in Thailand when you were?

Well, from her end, there's not a heck of a lot. She finished a class while she was there so she has a class certification and there's loose receipts from rent, travel etc. Nothing definitive like a passport stamp though. I'm trying to find out if she has or can get anything else.

[pushbrk 12,824]

Is there any other documentation of her being in Thailand when you were?

Well, from her end, there's not a heck of a lot. She finished a class while she was there so she has a class certification and there's loose receipts from rent, travel etc. Nothing definitive like a passport stamp though. I'm trying to find out if she has or can get anything else.

Please be as specific as you can. She has documentation from taking a class. Is it dated? If so, do the dates correlate with your trip? Something like that combined with pictures of the two of you together particularly with landmarks in the background may well be enough.

Try to put yourself in the shoes of a reasonable person objectively evaluating your evidence. Does it show you were in the sam place at the same time within the past two years?

Edited February 18, 2008 by pushbrk

[MLD 0]

Is there any other documentation of her being in Thailand when you were?

Well, from her end, there's not a heck of a lot. She finished a class while she was there so she has a class certification and there's loose receipts from rent, travel etc. Nothing definitive like a passport stamp though. I'm trying to find out if she has or can get anything else.

Please be as specific as you can. She has documentation from taking a class. Is it dated? If so, do the dates correlate with your trip? Something like that combined with pictures of the two of you together particularly with landmarks in the background may well be enough.

Try to put yourself in the shoes of a reasonable person objectively evaluating your evidence. Does it show you were in the sam place at the same time within the past two years?

It is dated so hopefully that'll work. We're looking to find something even more concrete to use with the photos as well.

I appreciate all of your advice. Thank you much.