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dragonleo

need waiver or not?

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

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dragonleo Apprentice

dragonleo   0

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

Hey guys I have a question maybe someone can help me? My wife Natasha came to America on a J1 visa March 21, 2007 her visa expired Sept 12th 2007 we were married February 24, 2008, her grandmother passed away and she left to go back home to Russia February 25, 2208. We didn't know anything about Visa or K1, k2, k3 k4 CR1, so when she was ready to come back to America she was not allowed. I did alot of research and found this web site VISA JOURNEY (really great site) anyways she (overstayed) her visa but didn't stay in America more than 6 months and less than a yr. Do i need some sort a (WAIVER????)

I filed I-130 Sept 12, 2008 received (Noa1 Sept 16, 2008) and received (NOA2 April 3, 2009) and I have not received anything from USCIS or NVC about her being her in America past her VISA expiration Date!!!! Can any one tell if I will be having problems over this overstay issue, because our case has been forwarded to NVC and I have already pay some fees to them already and they have yet to say anything about her overstay.!

thanks for any one who can help

Natasha&JT

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Your issues in this matter will only happen at the interview, not at the USCIS or NVC level

Was anything written in her passport when she was denied entry? Or was she simply turned away?

I think anything under 180 does not incur a ban

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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ChicagoMammy Explorer

ChicagoMammy   0

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
Hey guys I have a question maybe someone can help me? My wife Natasha came to America on a J1 visa March 21, 2007 her visa expired Sept 12th 2007 we were married February 24, 2008, her grandmother passed away and she left to go back home to Russia February 25, 2208. We didn't know anything about Visa or K1, k2, k3 k4 CR1, so when she was ready to come back to America she was not allowed. I did alot of research and found this web site VISA JOURNEY (really great site) anyways she (overstayed) her visa but didn't stay in America more than 6 months and less than a yr. Do i need some sort a (WAIVER????)

I filed I-130 Sept 12, 2008 received (Noa1 Sept 16, 2008) and received (NOA2 April 3, 2009) and I have not received anything from USCIS or NVC about her being her in America past her VISA expiration Date!!!! Can any one tell if I will be having problems over this overstay issue, because our case has been forwarded to NVC and I have already pay some fees to them already and they have yet to say anything about her overstay.!

thanks for any one who can help

Natasha&JT

I think canadian_wife is right. Check out immigrate2us.net for waiver issues. There are hundreds of us over there with waiver issues. Hopefully you won't need one, but you'll get your answer there :)

USCIS

01/05/09 - Mailed I-130

NVC

03/13/09 - Case # assigned

04/15/09 - Case Complete

[/color]

Ciudad Juarez

06/02/09 - Visa Interview - canceled

09/17/09 - Visa Interview - denied

11/19/09 - Waiver Interview -approved next day

11/24/09 - Green Card and entered US

USCIS

09/21/11 - Mailed I-751

09/26/11 - I-751 delivered to CSC

09/27/11 - NOA1 date

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oceansea1 Explorer

oceansea1   0

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

i don't think you should worry as much about her overstay if it was less than 6 months as much as you should worry whether she had the two-year residency requirement with her J-1. check that directly on her visa. there should be stated whether the two-year rule applies or not.

Dated since 2004, 10/22/2008 Married in NY, wife left the country, returns on 01/06/2009 as a visitor (granted stay until July 2009)

01/15/2009 Sent I-130 package for CR1 to Chicago Lock Box, 01/19/2009 USCIS Chicago received the application

01/26/2009 USCIS sent out NOA1, 01/28/2009 Moneygrams Order cashed

02/24/2009 Case is in Vermont Processing Center (told by the USCIS by calling the free phone line)

03/02/2009 NOA2 mailed, application approved!!!! (47 days since we mailed I-130 package)

03/05/2009 NVC Received Case / Case number assigned

03/12/2009 DS-3032 / AOS fee bill generated and e-mailed to us, 03/12/2009 I e-mailed and snail mailed DS-3032 and paid AOS fee bill online

03/18/2009 NVC received DS-3032 and it was entered into the system (I never received email confirmation)

03/20/2009 IV Bill generated and I paid online

03/30/2009 Sent I-864 package to NVC, 03/31/2009 Sent DS-230 package to NVC

04/01/2009 IV fee shows unpaid, 04/03/2009 documents are under review (confirmed by operator)

04/06/2009 IV Fee finally shows PAID, 04/07/2009 AVR system says that IV bill has been processed, "instruction package" received by email

04/08/2009 AVR system says "NVC received your documents on April 3...", our case is under review...

04/10/2009 RFE issued for DS-230 Part I, but AOS accepted

04/14/2009 found out the exact issue with DS-230 and sent the response using Chris Parker's RFE shortcut and later in the day received an email checklist for RFE

04/15/2009 RFE response arrived to the NVC facility, 04/20/2009 RFE response received by NVC

04/23/2009 CASE COMPLETED, 06/02/2009 VISA RECEIVED

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dragonleo Apprentice

dragonleo   0

Posted
Filed: IR-1/CR-1 Visa Country: Russia
 Timeline
  • Author
Posted
i don't think you should worry as much about her overstay if it was less than 6 months as much as you should worry whether she had the two-year residency requirement with her J-1. check that directly on her visa. there should be stated whether the two-year rule applies or not.

the 2 year rule does not apply on her visa! (thank god it doesn't)

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