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CR1 and visa overstayer

By patita in IR-1 / CR-1 Spouse Visa Process & Procedures

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

guys...next we we are going to send I-130 but I just realized that I overstayed my visa!!!

I was on J-1 visa good till May 2008...before my visa expired I applied for an extension - B-2 for 3 months

in the mean time i got married in July...

I received denial in August stating that i have unsufficend funds on my account and i have 30 days to leave.

I left on Oct. 10th!!!!

so did i overstayed my visa just for 1 month or 6 months?

i am so lost....and so upset cuz i will cause delay right?

thank u so much!

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
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Posted

Two issues:

Firstly: J-1 visas tend to have a 2 year Foreign Residency Requirement which can be wavered only in 5 ways, SEE: http://travel.state.gov/visa/temp/info/info_1288.html

Secondly: An overstay of 6 months to 1 year tends to cause a 3 year BAR, if LESS than 6 months you should have no problems with the overstay.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
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Posted
i didnt have section 212 so i am good with this!

i just dont know how to count my overstay there...since i applied for the extension or after the dead line to leave the US ?

thank u

Not sure about that one, you were in a pending status until August, the overstay may have been accumulating since May when J-1 expired, and the 30 day warning was to tell you to leave the USA BEFORE 6 months has past from the J-1 expiration.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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lucyrich Proficient

lucyrich   20

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

I'm not sure when to start counting, either, but I'll note that the actual law says that the three year bar starts with an overstay of more than 180 days. 180 days isn't exactly the same as 6 months, but it's close. You've got to count the actual days if you want a precise answer.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

so i counted it...152 days

and as far as i was told...as long as I filed for an extension i was legal there until the dead line

should i file the waiver as well? i am freaking out now... and scared

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
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Posted
so i counted it...152 days

and as far as i was told...as long as I filed for an extension i was legal there until the dead line

should i file the waiver as well? i am freaking out now... and scared

152 is LESS than 180, this is not subject to a bar.

A Waiver tends to only be filed at the request of an interviewing officer.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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lucyrich Proficient

lucyrich   20

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

Sounds like you're fine. You don't need a waiver for an overstay of less than 180 days. Even if you DID need a waiver, you wouldn't be allowed to file it until after the visa was denied at the interview.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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patita Enthusiast

patita   0

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

oh gosh...finally good news!!! thank you!

so i will wait until the interview...maybe i wont have any problems!

we are going to start the process next week...so hopefully this time in 2009 i will be with my love again!

have a great day/night guys..wherever you are :)

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