Fiancee visa help....!!!

[daisy111 0]

Hello everybody,

I hope somebody here can give me some advice here regarding my situation:

I am 25 year old f .Me and my fiance (he is 64) filed a I 129 F petition and it was received by Nebraska Service center on March 10 th.

1) I received a notice that it has been transferred to California service center and received on June 14.My question is :Are they going to start the whole process all over again or they will keep the original date (march the 10th) ??

2) I also have worries because I have lived in the US illegally for 3 years.Now I am back to my country.Do you think they can deny my K1 visa for this reason? Do they know at the embassy I was illegal for so long?

3) Another worry: do you think the age difference could be also a reason for denial?

I would appreciate your replies and advice to my questions .I feel really desperate and worried.What are my chances to go back to the US again?

[aussiewench 9]

1. They have always done so in the past so cant see this being any different. The receipt/received date on your NOA1 is the date they go by.

2. For an overstay of that long you will be denied the visa and will be told that you need to file a waiver. You can have one prepared to give them. A good site for letters of hardship is Immigrate2us. Also have a read of the 'waivers' forum here on VJ.

3. Others have had quite significant age differences and not been denied a visa. What is important is a bonafide relationship. Having said that it may raise a red flag depending on the country you will be interviewing at and may take a lot more effort in showing that you do have a bonafide relationship. Many things are taken into consideration.

[daisy111 0]

Thank you for the info.Do I have to have this waiver for the interview at the embassy even before I know if they would deny it or not?

[aussiewench 9]

Thank you for the info.Do I have to have this waiver for the interview at the embassy even before I know if they would deny it or not?

better to be prepared and ready for it which will save you some time.

All the best

Lorelle

[desert_fox 32]

The denial will ba automatic. Also, you are facing a 10 year bar on re-entry due to being here illegally.

Does the embassy know??...probably, but I wouldnt lie to them as then you will have a life time bar.

The denial and bar can be removed with an approved waiver. You cant submit the waiver until you have been denied at the interview.

The US Citizen needs to document what hardships he will face if the waiver is not granted, and reasons why he cant live in your country. Not the easiest thing to do, and many have not been approved.

[daisy111 0]

Now I feel really worried..Are you sure that the denial would be automatic of my fiancee visa?What other choice do you think I have to return in the US?How long do I have to wait now after my petition has been transferred to California? Another 4 months...??

[gwenneh 7]

Your situation is probably one that would best be handled by an experienced immigration attorney, honestly. Yes, the denial will be automatic given your overstay. Since your overstay was for so long, it's something an experienced lawyer should really look at-there are a lot of laws governing overstays and the associated penalties, and you need to be speaking to someone familiar with those specific laws. As desert_fox pointed out, you are looking at a 10 year bar, which a waiver can remove if it is approved.

Good luck. You have a long road ahead, just remember what waits at the end is worth it!

Your situation is probably one that would best be handled by an experienced immigration attorney, honestly. Yes, the denial will be automatic given your overstay. Since your overstay was for so long, it's something an experienced lawyer should really look at-there are a lot of laws governing overstays and the associated penalties, and you need to be speaking to someone familiar with those specific laws. As desert_fox pointed out, you are looking at a 10 year bar, which a waiver can remove if it is approved.

Good luck. You have a long road ahead, just remember what waits at the end is worth it!

[Ladylethal 12]

I agree, you should seek legal council, and be prepared to be denied.

[Alex+R 0]

Agreed. Tell your USC fiance to get a lawyer immediately. I don't see how you will have a chance without some excellent legal advice.

[Kevin&Loan 0]

Daisy, like many others here have said, you must seek legal advice from an experience immigration laywer. Any mistake you make in your case will cost you a lifetime ban. You do not want to risk it. Good luck to you

[daisy111 0]

Thank you all of you for your replies.Right now I have renewed my passport.The old one which had my previous visas and stamps expired.How would they find out that I overstayed for so long?

[Karen_L 1]

Thank you all of you for your replies.Right now I have renewed my passport.The old one which had my previous visas and stamps expired.How would they find out that I overstayed for so long?

They will ask you if you've ever over-stayed a visa in the Packet 3 documents and it is a REALLY bad idea to lie on those forms, so you will have to be honest. Lying will eventually catch up with you and it will create more problems down the road.

Good luck!

- Karen

[desert_fox 32]

Thank you all of you for your replies.Right now I have renewed my passport.The old one which had my previous visas and stamps expired.How would they find out that I overstayed for so long?

If you entered the country on a visa, you filled out an immigration form (I-94) which was stapled into your passport. This form had your authorized stay stamped on it. When you left, they probably removed it and turned it over to immigration so they could update their records.

Try to lie your way thru this process could result in a life-time ban on re-entry when you are caught.

[daisy111 0]

I don't know yet the following:....My petition for 129 F was received on March the 10th in Nebraska...Now since it was transferred to California on June 14...how long it would take ?...another 4 months wait or would they consider the initial receipt date???Is there anybody here who has receipt date of March 10 and got anything from them??

[Jaylen Brit 0]

You will need a whole heck of a lot of patience for this process..average timeline of K1 thru CSC are around 6 months - that's average - some are faster, some slower - if you have RFE's it will increase waiting times - AP will also increase waiting time if you get a name hit.

IMBRA is currently slowing EVERYTHING down across the board - even the usually fast VSC has slowed up considerably to what they WERE doing.

As for which date CSC will use - I have no idea - one would HOPE they would use the earliest dates and process going by THOSE but its best not to assume anything. I dont think any VJer has yet got an NOA2 (which is post IMBRA new I-129F supplement compliant ) and gone on from there to NVC. Also one person's timeline really won't help MUCH - you need several to work out an average - as it depends so much on if you get an RFE, AP etc etc which might slow you down.

I know that doesn't help you much but at this stage no-one has any SOLID info as nothing is moving (apparently) out of CSC since IMBRA came into play