K1.Overstayed.Went back home.K1 again.

[Binow 0]

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

[pushbrk 12,876]

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

The previous overstay would incur a three year ban if between 180 and 365 days and a 10 year ban (on entering the USA) if more than 365 days. Just doing the math on paper, at most, she would be subject to a ban from February 2007 to February 2010, so the ban would be moot now or "time served" if you will. At best, the overstay was less than 180 days and there is no ban to moot. I can't tell without the exact dates of arrival and departure. They should expect additional scrutiny of their relationship at the next visa interview but otherwise things should progress normally.

[payxibka 10,045]

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

If she accumulated more than 180 days of overstay then she was subject to a 3 yr re-entry ban, however, that is probably a moot point because it has been more than 3 years since she left.... So this should not be a complicating matter for her....

The USCIS should have no issues approving the petition... they will need to build a strong case for a bonafide relationship for the consulate in order for a new visa to be issued.

Edited June 2, 2010 by payxibka

[Ladylethal 12]

And she'll most likely have to explain why they didn't get married in the first K1 and why did she overstay, but honest answers and a solid case should overcome any suspicions.

[idaho_and_surigao 3]

Here's the situation of a friend. She came to the US on a K1 Visa last June 2006. They did not get married with her fiance but stayed in the US at some relative's house until February 2007. Some issues include age gap, the guy being in his 50's and my friend was only 19 yrs old and she was not ready at all to get married then. But obviously, she overstayed because legally, you only have 90 days to be in the US unless you got married.

Now it's 2010. The communication is back between the two of them. To make it short, the love and care is still there, the guy is visiting her again in the Philippines and wants to file another K1 petition for her. I know this road does not look smooth at all considering the issues mentioned. But on the other hand, there MIGHT still be hope. That's why I'm posting this message to seek advice and suggestions on the best approach to do. For sure with the issues they've had, it'll be more than a red flag for the embassy and for the US immigration team.

Thank you and looking forward.

I have seen this quite a bit, having lived in the Philippines. My advice would be to have the guy hire a reputable Immigration attorney. He certainly will raise all sorts of red flags with this situation, and having an attorney to author good explanation letters and advise in the situation can be helpful. That said, this is still going to be a tough sell to USCIS. The other option is to just go it alone and write a very Detailed and very sincere letter of explanation. I dont think this is an impossible situation, but I think its going to be a rough row to hoe.

Best of luck.

[Binow 0]

Thank you for your replies. Additional ( corrected ) Info

Entered the US - June 6, 2006

Left the US - January 22, 2007

[TracyTN 237]

She's definitely in the 3 year ban category then, which it seems has already passed.

[john_and_marlene 162]

She's definitely in the 3 year ban category then, which it seems has already passed.

She's definitely not in the 3 year ban category. She had 90 days of valid stay. Overstay did not begin to accumulate until 90 days after entry.

[TracyTN 237]

OH right - how could I forget that!

[Binow 0]

OH right - how could I forget that!

So no ban for her in that case? Since the 3-yr ban only applies if when you overstay for 180-365 days, correct? In her case, she overstayed for like 120 days or less.

[TracyTN 237]

Right - the 'counter' starts on day 91, and if I'm doing the math right, that means she wouldn't even hit 180 days of unauthorized stay. Though I am in the haze of pregnancy brain so calculate it yourself

[twowls 217]

So no ban for her in that case? Since the 3-yr ban only applies if when you overstay for 180-365 days, correct? In her case, she overstayed for like 120 days or less.

That's right! No ban.

[Binow 0]

So if the ban thing is not the major problem to face ( or I assume though it's still a problem to consider), what are most likely the other things that they have to be prepared about so the process of starting the K1 again won't be that struggling? Do you advice for them to get a lawyer still?

I appreciate all your responds.

[twowls 217]

So if the ban thing is not the major problem to face ( or I assume though it's still a problem to consider), what are most likely the other things that they have to be prepared about so the process of starting the K1 again won't be that struggling? Do you advice for them to get a lawyer still?

I appreciate all your responds.

A ban isn't a problem to consider, at all. There is no ban so nothing to consider.

The thing to focus on is making evidence of the authenticity of the relationship rock solid. Photos, visits, boarding passes, letters, emails, chats, etc. Being at the interview with the beneficiary can be good. Getting an attorney is up to you; I personally don't think there's a compelling reason to get one.

Although they will probably want to know what the deal was with the abandoned K1 entry before, because it was with the same beneficary/petitioner, it kind of looks more (from where I'm standing) like the trials of a real relationship rather than a years-long attempt at fraud. This is just my opinion, of course. Be honest and thorough and prepared; there appears to be no real reason to deny the visa based on the information you've given. Someone will correct me if this is wrong.

[pushbrk 12,876]

A ban isn't a problem to consider, at all. There is no ban so nothing to consider.

The thing to focus on is making evidence of the authenticity of the relationship rock solid. Photos, visits, boarding passes, letters, emails, chats, etc. Being at the interview with the beneficiary can be good. Getting an attorney is up to you; I personally don't think there's a compelling reason to get one.

Although they will probably want to know what the deal was with the abandoned K1 entry before, because it was with the same beneficary/petitioner, it kind of looks more (from where I'm standing) like the trials of a real relationship rather than a years-long attempt at fraud. This is just my opinion, of course. Be honest and thorough and prepared; there appears to be no real reason to deny the visa based on the information you've given. Someone will correct me if this is wrong.

Right and the strongest evidence of a bona fide relationship is time spent together. As I recall the opening post doesn't mention any time spent together since 2007. At least one more in person visit must have occurred in the last two years, to even file the second petition. The more time together the better.