Didn't return i94w form. Can I apply for K1 visa?

[FrostyMist 1]

In September 08, I travelled to the US and spent five weeks with my boyfriend. When I returned home, I didn't realize that I needed to return my i94w (visa waiver) form. I only discovered this very recently, after we began looking into applying for a K1 visa.

I'll be posting the documents and such off to the relevent department in Kentucky this Monday, but my boyfriend and I are both very worried that our application for a K1 visa might not be able to be made until after my returned i94w form has been processed. I've read that it can take up to four months for them to do this, which has caused quite some upset because we want to begin applying for K1 visa as soon as possible.

I'm hoping that someone here might be able to tell me whether we'll still be able to apply? Or will we have to wait four months for the i94w to be processed before we begin k1 application?

[daboyz 36]

  FrostyMist said:

In September 08, I travelled to the US and spent five weeks with my boyfriend. When I returned home, I didn't realize that I needed to return my i94w (visa waiver) form. I only discovered this very recently, after we began looking into applying for a K1 visa.

I'll be posting the documents and such off to the relevent department in Kentucky this Monday, but my boyfriend and I are both very worried that our application for a K1 visa might not be able to be made until after my returned i94w form has been processed. I've read that it can take up to four months for them to do this, which has caused quite some upset because we want to begin applying for K1 visa as soon as possible.

I'm hoping that someone here might be able to tell me whether we'll still be able to apply? Or will we have to wait four months for the i94w to be processed before we begin k1 application?

You can start the process now. You'll be fine. Go ahead and file the I-129F and G-325a with the supporting documents.

[Koakland 0]

I've seen this discussed before on VJ and I think it's not as easy as just applying for the K1. I think you have to return the 1-94w and prove that you did not overstay in the US. Others should chime in for sure but I think it's a bit more complicated than simplying applying for the K1.

[daboyz 36]

  Koakland said:

I've seen this discussed before on VJ and I think it's not as easy as just applying for the K1. I think you have to return the 1-94w and prove that you did not overstay in the US. Others should chime in for sure but I think it's a bit more complicated than simplying applying for the K1.

Yes, you have to send to the address in Kentucky, which the OP said they would do. It wont affect the USCIS part of the process.

[FrostyMist 1]

Hi, Koakland. I'm getting ready to send everything (i94w, evidance supporting my return to the UK, etc) back to them on Monday. I intend to have it tracked, so I'll know when it got there. Based on how long it seems to be taking my boyfriend and I to post things to and from the UK, I'd expect them to get everything within about 7 days.

We're just worried that they will imediately turn us down for our k1 visa application, just because they have not updated their records and think I am still in the US.

[daboyz 36]

  FrostyMist said:

Hi, Koakland. I'm getting ready to send everything (i94w, evidance supporting my return to the UK, etc) back to them on Monday. I intend to have it tracked, so I'll know when it got there. Based on how long it seems to be taking my boyfriend and I to post things to and from the UK, I'd expect them to get everything within about 7 days.

We're just worried that they will imediately turn us down for our k1 visa application, just because they have not updated their records and think I am still in the US.

http://www.visajourney.com/forums/index.php?showtopic=135653

[FrostyMist 1]

Hi, daboyz. Thank you for the link, but it's not quite the information I am looking for.

I already know that I need to return my i94w form to the ACS - USCIS, SBU department in Kentucky.

What I'm asking is whether it will delay my application for a k1 visa.

[Slightly Bonkers 0]

One of my (many) trips to the US my I-94 was not taken.

I never sent it back to Kentuky but I kept it and LOTS if proof that I had been back in the country

The best proof is the boarding pass of the flight out of the states

But other things are letters from HR departments at work, Credit card bills etc.

My K1 was processed with no mention of it, but I had the stuff just in case.

If you're sending it to Kentucky (which is obviously a good idea) I would recommend photocopying everything in that package so that if it isn't processed in time, you can show your embassy the information.

ETA: on your most recent question - I don't think it will hold it up, but you may be questioned at it at the embassy stage and the next time you enter the US

Edited February 7, 2009 by Slightly Bonkers

[FrostyMist 1]

Thank you for your reply, Slightly Bonkers. That information was very encouraging.

I'm not too worried if they question me about it. I made sure to photocopy everything at least four times!!! I sent them photocopies of my boarding pass and e-receipt. I also sent them a letter from my college confirming that I've been attending class there since November 08. And of course, I also included my i94w (the original, not a copy, though I do have copies of that, too.)

If they do stop and question me, then I'm hoping that showing them my evidance will be enough to satisfy them. I'm just worried in case we don't even get to the being questioned about it part, because they'll realize when they see our k1 application that I didn't return my i94w. And if they didn't update their records in time, then they could turn us down immediately for the visa.

How long was it from when you returned your i94w form to when you began your k1 application?

Edited February 7, 2009 by FrostyMist

[Slightly Bonkers 0]

I didn't return my I94. I had heard horror stories of them not processing it or it getting lost. Also having had friends who pulled I94s from Passports, I know that they aren't dealt with a lot of respect once they leave your passport, and many get misplaced. I took a risk not to bother doing it and I wouldn't recommend the same, but it worked for me.

There were a couple of years between the I94 and my K1, the delay wasn't due to the I94 however.

I would imagine that the (perceived) overstay comes up at the embassy stage. I was asked at my interview if I'd ever overstayed, I said no, and that was it.

Perhaps some oldtimers could specify if a (possible) overstay would be dealt with at I-129F stage or an embassy thing?

[payxibka 10,048]

  FrostyMist said:

Hi, daboyz. Thank you for the link, but it's not quite the information I am looking for.

I already know that I need to return my i94w form to the ACS - USCIS, SBU department in Kentucky.

What I'm asking is whether it will delay my application for a k1 visa.

The USCIS does not care about overstays.... their initial purpose is to determine eligibility to apply for a visa..

The consulate will care about previous overstays but they begin to care at 180 days... If you traveled in September, you were authorized to stay until November... You maybe have 60 days of alleged overstay which you will explain away at the consulate interview...

Edited February 7, 2009 by payxibka

[daboyz 36]

  payxibka said:

  FrostyMist said:

Hi, daboyz. Thank you for the link, but it's not quite the information I am looking for.

I already know that I need to return my i94w form to the ACS - USCIS, SBU department in Kentucky.

What I'm asking is whether it will delay my application for a k1 visa.

The USCIS does not care about overstays.... their initial purpose is to determine eligibility to apply for a visa..

The consulate will care about previous overstays but they begin to care at 180 days... If you traveled in September, you were authorized to stay until November... You maybe have 60 days of alleged overstay which you will explain away at the consulate interview...

I guess I'm confused. I didn't see anything about an overstay. I read that the OP did not turn the I-94 on departure from the U.S. OP stayed 5 weeks.

[Slightly Bonkers 0]

The I94 shows the US when the OP left the US. If it was never turned in, in theory the OP never left the US. In practice, the US doesn't know when the OP left the US. As a result they may assume that he/she overstayed. And that's what the OP has to prove otherwise.

[daboyz 36]

  Slightly Bonkers said:

The I94 shows the US when the OP left the US. If it was never turned in, in theory the OP never left the US. In practice, the US doesn't know when the OP left the US. As a result they may assume that he/she overstayed. And that's what the OP has to prove otherwise.

Right. But if the OP sends the I-94 with her ticket receipt etc. to the address in Kentucky, then problem solved. I guess we're saying the same thing. Not sure.

[payxibka 10,048]

  daboyz said:

  payxibka said:

  FrostyMist said:

Hi, daboyz. Thank you for the link, but it's not quite the information I am looking for.

I already know that I need to return my i94w form to the ACS - USCIS, SBU department in Kentucky.

What I'm asking is whether it will delay my application for a k1 visa.

The USCIS does not care about overstays.... their initial purpose is to determine eligibility to apply for a visa..

The consulate will care about previous overstays but they begin to care at 180 days... If you traveled in September, you were authorized to stay until November... You maybe have 60 days of alleged overstay which you will explain away at the consulate interview...

I guess I'm confused. I didn't see anything about an overstay. I read that the OP did not turn the I-94 on departure from the U.S. OP stayed 5 weeks.

actual no... but without the returned I-94W then perceived.... even if returned it could be questioned