HELP!SO CONFUSED!!

[snookums03 0]

Hi everyone.i'm new hereand i would like you to answer some of my questions if it's possible.

I'm Russian.my fiance is American From New Jersey.I was in the States two years ago on J-1 visa.Next year i went back there on J-1 visa again,changed my status to tourist and stayed,then i appliedd for asylum because i wanted to stay with my boyfriend.(we were not engaged back then).i went to an interview and because i didin't have a lawyer i asked for a voluntary departure.so now i'm back home and he's going to file papers for K-1 visa.so my questions are-will the fact that i changed my status so many times be a problem?and how long does the procedure usually take?let's say he files the papers in December when will i have an interview?

i'd really appreciate your help.Thank you.

[gwenneh 7]

You will be asked about previous visas to the US and you will be asked to explain the status changes.

I would recommend a consultation with a qualified immigration attorney - the refused application for asylum and voluntary departure will probably require a waiver, and you'll need to be prepared for that.

[snookums03 0]

You will be asked about previous visas to the US and you will be asked to explain the status changes.

I would recommend a consultation with a qualified immigration attorney - the refused application for asylum and voluntary departure will probably require a waiver, and you'll need to be prepared for that.

And where do I get the waiver?

[gwenneh 7]

HERE is a really good thread on waivers in the dedicated waiver forum - you will find some very specific answers there.

[snookums03 0]

HERE is a really good thread on waivers in the dedicated waiver forum - you will find some very specific answers there.

Do i really need it or only if the consul says so?

[gwenneh 7]

It's best to prepare it in advance - especially given that your situation includes denied asylum and some status changes - than to not prepare it and have to do so, adding time to your process later.

This is why I said a consultation with an attorney would be prudent; your case is not straightforward, and a qualified attorney will be able to help you prepare adequately for the ordeal you have ahead.

[snookums03 0]

It's best to prepare it in advance - especially given that your situation includes denied asylum and some status changes - than to not prepare it and have to do so, adding time to your process later.

This is why I said a consultation with an attorney would be prudent; your case is not straightforward, and a qualified attorney will be able to help you prepare adequately for the ordeal you have ahead.

Thank you very much for your help.another question.i can't download it.is there another website where i can do it?and where do i send it to?

[pushbrk 12,569]

changed my status to tourist and stayed,then i appliedd for asylum because i wanted to stay with my boyfriend.(we were not engaged back then).i went to an interview and because i didin't have a lawyer i asked for a voluntary departure.

You lost me here. Did you overstay your tourist visa?

Not having a lawyer isn't a reason to ask for voluntary departure. Being denied asylum might be. Please fill in the blanks between the beginning of the interview and your request for voluntary departure. If there was an overstay, how long was it?

Edited November 22, 2007 by pushbrk

[snookums03 0]

changed my status to tourist and stayed,then i appliedd for asylum because i wanted to stay with my boyfriend.(we were not engaged back then).i went to an interview and because i didin't have a lawyer i asked for a voluntary departure.

You lost me here. Did you overstay your tourist visa?

Not having a lawyer isn't a reason to ask for voluntary departure. Being denied asylum might be. Please fill in the blanks between the beginning of the interview and your request for voluntary departure. If there was an overstay, how long was it?

I didn't overstay my tourist visa.i extended my status as a tourist twice and after that i applied for asylum.but the second time i applied for an extension i didn't get any papers saying that i got it but when i called the USCIS they said i did get it,so i went online and double checked-it said i got it.so i never got the paper.do you think that might be a problem?and what about the waiver?how do i get it?i really don't understand anything about all this paperwork so i'd appreciate it if you gave me like a step by step instruction on what to do.i know it would be easier to hire a attorney but we can't really afford one so i really need help.

[snookums03 0]

Another question-how do we file the papers for sponsorship?when?what form do we need?

[Bforbarree 4]

I do not know about your other issues with asylum etc, but (at the moment) for people filing K-1 visa it seems to run an average of between 5-8 month from filing to visa/visa interview, but I would assume these are straight forward cases. And it really varies depending on the service center as well as by the fact that they had a huge number of applications over summer because of the fee increases that took effect in July. People filing in December may have better results?

I think we are all overwhelmed and made a bit sick when we realize that our lives and plans will have to be put on hold while we await approval by a process that puts our fate and emotional wellbeing in some anonymous fastidious bureaucrats hands. But realize you are not alone here, there must be at least a few people here on VJ that have been through your specific situation. Do as much research and reading as you can!

You've made a really good start by finding this site and I wish you the best of luck on your journey.

[snookums03 0]

I do not know about your other issues with asylum etc, but (at the moment) for people filing K-1 visa it seems to run an average of between 5-8 month from filing to visa/visa interview, but I would assume these are straight forward cases. And it really varies depending on the service center as well as by the fact that they had a huge number of applications over summer because of the fee increases that took effect in July. People filing in December may have better results?

I think we are all overwhelmed and made a bit sick when we realize that our lives and plans will have to be put on hold while we await approval by a process that puts our fate and emotional wellbeing in some anonymous fastidious bureaucrats hands. But realize you are not alone here, there must be at least a few people here on VJ that have been through your specific situation. Do as much research and reading as you can!

You've made a really good start by finding this site and I wish you the best of luck on your journey.

Thank you so much for support.

[Bforbarree 4]

Another question-how do we file the papers for sponsorship?when?what form do we need?

For the K-1 visa your fiance petitions for you the I-129F (look at the guides they are very thorough), after your petition is approved by USCIS (this will take plenty of time!), you take an I-134 (affidavit of support) that he has filled out and had notarized to the embassy interview....if he does not meet the financial requirements you'd need a co-sponsor that would provide you with the same I-134 forms for your interview.

This is potentially months down the line, while you want to be sure he meets the requirements, I think this is something to deal with after he submits the petition.

Again, look at the guides for the K-1 and the time lines, this information is very helpful.

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

I know this was very overwhelming for us, and sometimes it still is! But just take it one step at a time and you will get there.

[RosemarieL 0]

Another question-how do we file the papers for sponsorship?when?what form do we need?

This will be done after you receive your NOA2 and will need to be taken to the interview at the consulate by the beneficiary.

[pushbrk 12,569]

changed my status to tourist and stayed,then i appliedd for asylum because i wanted to stay with my boyfriend.(we were not engaged back then).i went to an interview and because i didin't have a lawyer i asked for a voluntary departure.

You lost me here. Did you overstay your tourist visa?

Not having a lawyer isn't a reason to ask for voluntary departure. Being denied asylum might be. Please fill in the blanks between the beginning of the interview and your request for voluntary departure. If there was an overstay, how long was it?

I didn't overstay my tourist visa.i extended my status as a tourist twice and after that i applied for asylum.but the second time i applied for an extension i didn't get any papers saying that i got it but when i called the USCIS they said i did get it,so i went online and double checked-it said i got it.so i never got the paper.do you think that might be a problem?and what about the waiver?how do i get it?i really don't understand anything about all this paperwork so i'd appreciate it if you gave me like a step by step instruction on what to do.i know it would be easier to hire a attorney but we can't really afford one so i really need help.

I can't follow all the use of the pronoun "it". Gives me a headache. You say you didn't overstay your visa but also seem to say you don't have any written record your visa was extended the second time. So, does USCIS have you on record for an overstay or not?

Why did you request voluntary departure? See bolded above in my original question. It is very difficult to give you meaningul answers without the answers you've been asked for.