K1 visa problems? what to expect

[chads 0]

Hello my name is Chad my fiance is from Peru and I have been reading up on this website which has been very helpful but I had a question as to what to expect. My fiance was on a tourist Visa to the US in March of 2002 and stayed until May of 2003, a total of 14 months with a 9 month over stay. I do not know if our K1 fiance visa will be denied for this reason. My email address is csmithiam@yahoo.com

Thanks for the help,

Chad

[YuAndDan 153]

An overstay of 6 months to 1 year results in a 3 year bar, and overstay longer than 1 year results in a 10 year bar.

A waiver may be requested by the interviewing officer.

(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e )) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

[johndecka 0]

Hello my name is Chad my fiance is from Peru and I have been reading up on this website which has been very helpful but I had a question as to what to expect. My fiance was on a tourist Visa to the US in March of 2002 and stayed until May of 2003, a total of 14 months with a 9 month over stay. I do not know if our K1 fiance visa will be denied for this reason. My email address is csmithiam@yahoo.com

Thanks for the help,

Chad

It's Up to the Uscis.

[YuAndDan 153]

You should be fine in this case, the overstay would result in a 3 year bar, your fiancee left the USA over 3 years ago, so at this point there should be NO bar on re-entry.

[chads 0]

Very nice! Thanks for the help

[chads 0]

Okay so our interview is coming up very quickly! I just want to double check on a few things.

1. everything i submitted with the I129

2. I134 and supporting documents

3. proof of an ongoing relationship since i submitted the I129

Do i need to bring anything else with me to the interview?

Thanks,

Chad

[menina 50]

Okay so our interview is coming up very quickly! I just want to double check on a few things.

1. everything i submitted with the I129

2. I134 and supporting documents

3. proof of an ongoing relationship since i submitted the I129

Do i need to bring anything else with me to the interview?

Thanks,

Chad

Have you checked the consulate website to be sure that your fiance has completed all of the necessary forms and steps?

[chads 0]

Okay so our interview is coming up very quickly! I just want to double check on a few things.

1. everything i submitted with the I129

2. I134 and supporting documents

3. proof of an ongoing relationship since i submitted the I129

Do i need to bring anything else with me to the interview?

Thanks,

Chad

Have you checked the consulate website to be sure that your fiance has completed all of the necessary forms and steps?

they sent her a packet and she went through the packet and filled everything out, sent in what had to be returned to keep the process going. She also made the appointments that were not automatically scheduled. The Embassy did not have any "special instructions" as I check the website that was given on the I-797C

[thongd4me 69]

Hello my name is Chad my fiance is from Peru and I have been reading up on this website which has been very helpful but I had a question as to what to expect. My fiance was on a tourist Visa to the US in March of 2002 and stayed until May of 2003, a total of 14 months with a 9 month over stay. I do not know if our K1 fiance visa will be denied for this reason. My email address is csmithiam@yahoo.com

Thanks for the help,

Chad

"Back in the day" my Japanese ex overstayed her student visa by more than 2 yers.

No problemo. But that was then and this is now. She had AOS with no problem.

That was more than 20 years ago. Good luck with the penalty.

[chads 0]

We had the interview on the 21st of September and everything was going great until she received a yellow slip asking for a letter from the immigration service before any decision could be made. We spent the next 2 hours going through the lines at the immigration office in Lima and then to DHL to deliver the document to the embassy in Lima with her passport. From what I have read at this point the interviews are over and they will either approve her visa or send her another slip requesting more information and maybe even deny the visa at this point. It is pretty scary but we have both been praying very much for the visa to come every day. I will post again when I find out more.

Thanks,

Chad

[Stephen + Elisha 92]

We had the interview on the 21st of September and everything was going great until she received a yellow slip asking for a letter from the immigration service before any decision could be made. We spent the next 2 hours going through the lines at the immigration office in Lima and then to DHL to deliver the document to the embassy in Lima with her passport. From what I have read at this point the interviews are over and they will either approve her visa or send her another slip requesting more information and maybe even deny the visa at this point. It is pretty scary but we have both been praying very much for the visa to come every day. I will post again when I find out more.

Thanks,

Chad

They asked for something from the Peruvian immigration service? Perhaps an arrival/departure record?

[chads 0]

Correct, it was the arrival departure record.

The passport was returned today with her visa!!!!! she will be on an airplane tonight.

I am very excited and happy and i know i could not have done it with out this website and the information provided on these pages. Thank you all very much.

Thanks,

Chad

[Laetitia 0]

Correct, it was the arrival departure record.

The passport was returned today with her visa!!!!! she will be on an airplane tonight.

I am very excited and happy and i know i could not have done it with out this website and the information provided on these pages. Thank you all very much.

Thanks,

Chad

Congratulations! She is already on her way... That was quick!

[chads 0]

yes I took a gamble to save some money and purchased the ticket for very early flight tomorrow morning. Thanks to God she received the visa before the departure date of the airlines. She would have either been traveling to the US today or back to her house to wait for the visa so we were very fortunate that it was approved.

[TBoneTX 45,365]

That was a real gamble indeed... nevertheless, congratulations, si man!