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JanaeDavid

K1 denied - Anyone at the same situation?

By JanaeDavid in Waivers (I-601 and I-212) and Administrative Processes (221g)

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JanaeDavid Explorer

JanaeDavid   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hi everybody! I'm here to help a friend of mine. He went to USA in a J1 visa, wich allowed him to work for 4 months. Before his visa got expired he got a second job ( what is allowed) and also asked immigration to change his visa status to a b1 visa and extend his I-94. He got that, but kept working at the same place that he first started with his J1 visa. He did not overstay his visa. One more thing: he has a 10 years tourist visa that is going to expire on october, 2006.

Now he is going to apply for K1 visa and he is worried about being denied about this. Anyone here has been throught this or know someone in the same situation?

Sorry about my english! :help:

K1

05/16/06 Sent our papers to Vermont

05/30/06 Got NOA 1

07/31/06 Got 2 NOA

08/11/06 Consulate got my process ( so happy)

08/14/06 Sent packet 3 to Rio (Sent before I got)

08/18/06 Got packet 3 from consulate

09/26/06 Interview date!!!!

09/28/06 Approved - After 3 days been interviewed

10/07/06 Got my authorization to work at JFK POE

11/09/06 Got Married!!!

AOS / EAD / AP

12/05/06 AOS / AP/ EAD

12/10/06 Received Date AOS/AP/EAD

12/14/06 NOA 1 AOS/EAD/AP

12/19/06 Touched AOS/EAD/AP

12/20/06 Touched AOS/EAD/AP

01/04/07 Biometrics

01/04/07 Touched AOS/EAD

01/09/07 Touched AOS Transfer to California

01/09/07 EAD Touched

01/12/07 AOS Pending at California

01/17/07 Touched AOS

01/18/07 Touched AOS

01/20/07 Touched AOS

02/15/07 AP approved!!!!!!

02/16/07 EAD Touched

02/19/07 EAD / AP Touched

02/21/07 AP Touched

02/21/07 EAD approved

02/22/07 RFE - Imigration lost my medical records

04/30/07 Send everything again

05/04/07 Approved without interview

Removing Conditional I-751

03/16/09 Sent Application

04/22/09 Biometrics taken

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bbintoh Contributor

bbintoh   0

Posted
Filed: Timeline
Posted

Why is he worried about being denied??? Can you be a bit more specific on his case. What you have said so far wont get you any suggestion or help. Please break it down and you will get a few answers to help you on a route to take. He has to try.

also www.immigrate2us.net is also good and can help

Good luck

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JanaeDavid Explorer

JanaeDavid   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Ok, I´m going to try to explain better.

He went to USA on Dec/04 in a J1 visa. He could work with authorization for 3 months and travel for 1 month. This visa also allow to get a second a job and that´s what he did. Before he had his visa expired he extended his I-94 ( since you can´t do that with a J1 visa) and he also had to change his visa status for B1. The thing is: he didn´t stop working at the same place that he first started with his J1 visa ( with documents, SSN, and paying tax, of course) when he had his visa status changed. He worked there for 9 months in this situation.

Now that he came back for Brazil he is going to aplly for a K1 visa and he is worried about not getting this visa because of his situation (working after his authorization expired and under B1 visa). The good thing is he never overstayed and I don´t know if this help or not but he has a B1/B2 visa wich is good until october of this year.

I´m posting this here because I would like to help him. He already asked a lawyer who said he probably will not going to have problems with this since he went there under a J1 visa and changed his visa status over there, but he is unsafe about that.

If someone can help .....Thanks!

K1

05/16/06 Sent our papers to Vermont

05/30/06 Got NOA 1

07/31/06 Got 2 NOA

08/11/06 Consulate got my process ( so happy)

08/14/06 Sent packet 3 to Rio (Sent before I got)

08/18/06 Got packet 3 from consulate

09/26/06 Interview date!!!!

09/28/06 Approved - After 3 days been interviewed

10/07/06 Got my authorization to work at JFK POE

11/09/06 Got Married!!!

AOS / EAD / AP

12/05/06 AOS / AP/ EAD

12/10/06 Received Date AOS/AP/EAD

12/14/06 NOA 1 AOS/EAD/AP

12/19/06 Touched AOS/EAD/AP

12/20/06 Touched AOS/EAD/AP

01/04/07 Biometrics

01/04/07 Touched AOS/EAD

01/09/07 Touched AOS Transfer to California

01/09/07 EAD Touched

01/12/07 AOS Pending at California

01/17/07 Touched AOS

01/18/07 Touched AOS

01/20/07 Touched AOS

02/15/07 AP approved!!!!!!

02/16/07 EAD Touched

02/19/07 EAD / AP Touched

02/21/07 AP Touched

02/21/07 EAD approved

02/22/07 RFE - Imigration lost my medical records

04/30/07 Send everything again

05/04/07 Approved without interview

Removing Conditional I-751

03/16/09 Sent Application

04/22/09 Biometrics taken

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Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like he has a 3 year ban, which is nearly up. if it was a 10 year ban he would need to file for a waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
Sounds like he has a 3 year ban, which is nearly up. if it was a 10 year ban he would need to file for a waiver.

Unauthorized work carries a 5 year ban.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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JanaeDavid Explorer

JanaeDavid   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Thanks for all answers...he decided to get married here and they are going to aplly for a K3 visa. According to his lawyer he is not going to have problems at all....

K1

05/16/06 Sent our papers to Vermont

05/30/06 Got NOA 1

07/31/06 Got 2 NOA

08/11/06 Consulate got my process ( so happy)

08/14/06 Sent packet 3 to Rio (Sent before I got)

08/18/06 Got packet 3 from consulate

09/26/06 Interview date!!!!

09/28/06 Approved - After 3 days been interviewed

10/07/06 Got my authorization to work at JFK POE

11/09/06 Got Married!!!

AOS / EAD / AP

12/05/06 AOS / AP/ EAD

12/10/06 Received Date AOS/AP/EAD

12/14/06 NOA 1 AOS/EAD/AP

12/19/06 Touched AOS/EAD/AP

12/20/06 Touched AOS/EAD/AP

01/04/07 Biometrics

01/04/07 Touched AOS/EAD

01/09/07 Touched AOS Transfer to California

01/09/07 EAD Touched

01/12/07 AOS Pending at California

01/17/07 Touched AOS

01/18/07 Touched AOS

01/20/07 Touched AOS

02/15/07 AP approved!!!!!!

02/16/07 EAD Touched

02/19/07 EAD / AP Touched

02/21/07 AP Touched

02/21/07 EAD approved

02/22/07 RFE - Imigration lost my medical records

04/30/07 Send everything again

05/04/07 Approved without interview

Removing Conditional I-751

03/16/09 Sent Application

04/22/09 Biometrics taken

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kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted
Thanks for all answers...he decided to get married here and they are going to aplly for a K3 visa. According to his lawyer he is not going to have problems at all....

Unauthorized work is forgiven through marriage to a USC. If he doesn't have any other issues i.e. overstay, he should not have any problems.

Waiver approved after 10 months. Did NOT use a lawyer

CDJ Pilot Program Information

I-601 Waiver Guidelines

I-601 Waiver Overview

Hardship Letter Guidelines

Tips for Writing Hardship Letters

Examples of Approved Hardship Letters

Examples of Denied Hardship Letters

You can find me on I2US and FBI

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idocare Community Regular

idocare   3

Posted
Filed: Country: Nigeria
 Timeline
Posted

Just wondering, what else illegal is forgiven thru marriage ?

idocare

NSC, NOA1 September 26th,03

received NOA1 in mail Oct. 03,03

RFE - received in mail March 29th,04

RFE returned April 17th,04

RFE received April 21,04 at NSC online

NOA2 received April 29th,04 via online

NOA2 received May 03,04 in mail

NVC receives file May 6th,04

NVC sends file to Nigeria May 11th,04

Lagos receives our file, notified thru e-mail May 19th,04

Victor goes and picks up packet #3....May 20th,04

Sent request for earlier interview date via e-mail May 20th,04

May 27th, Lagos won't change date.

August 16th, 2004 fly to Nigeria for Victors interview

August 19th, 2004 Interview date, visa approved.

August 25th, 2004 Victor picks up passport with visa stamp.

August 26th, 2004 fly back to USA

September 18th, 2004 Victor arrives in USA, Lord willing.

October 9th, 2004, we become husband and wife

October 25th, 2004 I learn that I'm pregnant.

Feburary 25th, 2005 AOS Appointment

( went to appt. and requested a reschedule)

June 7th, 05 gave birth to a boy child.

July 5th, 05 Victor packs he suitcase and leaves for good.

July 2005 2nd AOS appointment

( went and requested a reschedule )

August 2005- I file for divorce. and withdraw immigration paperwork.

Washington State/ Nigeria

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Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Infidelity

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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john_and_marlene Mentor

john_and_marlene   162

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

Thanks for all answers...he decided to get married here and they are going to aplly for a K3 visa. According to his lawyer he is not going to have problems at all....

Unauthorized work is forgiven through marriage to a USC. If he doesn't have any other issues i.e. overstay, he should not have any problems.

Both unauthorized working and overstays are forgiven at the AOS if married to a USC. This will not prevent a visa denial at the consulate. To overcome it at the consulate, a waiver would be required.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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phatmadame81 Proficient

phatmadame81   0

Posted
Filed: Country: Jamaica
 Timeline
Posted
Infidelity

:lol::lol:

I do not wish to share any information about this dead end journey.........I have reached my final destination on this train, and it is time for me to get off.

THIS TOO SHALL PASS!!!!!!!!!!!!!!!!!!!!!!

"If marriage means you fell in love, does divorce mean you climbed out?"

"You never really know a man until you have divorced him."-Zsa Zsa Gabor

"When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. And when she is departed out of his house, she may go and be another man's wife." Deuteronomy 24:1-2

"When you get to the end of your rope, tie a knot and hang on." - Franklin D. Roosevelt

"When one door of happiness closes, another opens; but often we look so long at the closed door that we do not see the one which has been opened for us." - Helen Keller

"Even though you may want to move forward in your life, you may have one foot on the brakes. In order to be free, we must learn how to let go. Release the hurt. Release the fear. Refuse to entertain your old pain. The energy it takes to hang onto the past is holding you back from a new life. What is it you would let go of today?" - Mary Manin Morrissey

"I know God will not give me anything I can't handle. I just wish that He didn't trust me so much." - Mother Theresa

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Sheriff Uling Experienced

Sheriff Uling   3

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
Infidelity

LOL! :D

[CLICK HERE] - MANILA EMBASSY K1 VISA GUIDE (Review Post #1)

[CLICK HERE] - VJ Acronyms and USCIS Form Definitions (A Handy Reference Tool)

Manila Embassy K1 Visa Information

4.2 National Visa Center (NVC) | (603) 334-0700 press 1, then 5....

4.3 Manila Embassy (Immigrant Visa Unit) | 011-632-301-2000 ext 5184 or dial 0

4.4 Department of State | (202) 663-1225, press 1, press 0,

4.5 Document Verification | CLICK HERE

4.6 Visa Interview Appointments website | CLICK HERE

4.7 St. Lukes | 011-63-2-521-0020

5.1 DELBROS website | CLICK HERE

6.2 CFO Guidance and Counseling Seminar | MANILA or CEBU

6.3 I-94 Arrival / Departure info | CLICK HERE

Adjustment of Status (AOS) Information

Please review the signature and story tab of my wife's profile, [Deputy Uling].

DISCLAIMER: Providing information does not constitute legal consul nor is intended as a substitute for legal representation.

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