Questions for my bf...

[SunAngel 0]

Hi, I wasn't sure where to put this and I didn't even know what to search it on so I'm just going to explain some background and my questions. First off, sorry I am a serious visa NEWB and I want to get some of my questions answered early on.

I'm an American currently working in Dubai. I met my bf here working too and he ended up going back home to South Africa. We've kept the relationship going and have made some plans for the future. It's somewhat like this: me stay here for 3-4 years to save money, 1-2 years live in South Africa (I know, a whole other visa process there) and while I'm there work on his visa (most likely a fiance visa?) so we can both go to the states.

The thing I'm wondering is about the time he spent in the US and if it hinders his re-entry on any level. He spent 3 years in the US on a work visa, but he said he left his job without telling his bosses (yes, he was young and a bit immature) and didn't call to get his visa cancelled. He bought his own plane ticket home. He's thinking that they may have cancelled it before he actually left the country, and thinks that's a ping against him to re-entry, but he wasn't deported. He just up and left. Secondly, he had a hospital stay and a hefty bill and he's worried about that too.

Are these concerns something we should be really worried about? And if so, I'm sure there's some sort of solution, right? Anyone can help? Thanks!

[katie & sifa 25]

How long did he stay in the US after he left his job?

[SunAngel 0]

Not long. I think maybe a week or less. But when he left the job, the visa wasn't cancelled. HR called him after he didn't come in to tell him to contact whoever set up his visa so they could cancel it, and I guess he didn't. So he doesn't even know when it was canceled. He's worried they may have canceled it while he was still in the states.

Edited March 16, 2011 by SunAngel

[Zee Bee 61]

My gut is telling me that if his stay was only a few weeks he should not have any problems getting a family based visa to come here. I believe the ban starts at 180 days (someone correct me if I am wrong).

As for the hospital bill, it won't affect his visa process. Not sure if there are other avenues through which they could come after him for the money though.

[katie & sifa 25]

I agree with Zee Bee...I think it's 180 days that you start the ban time. I'm not sure what, if anything, would cause problems in terms of the visa not being canceled but I am tempted to think nothing really, since he didn't then overstay and try to keep working in the US illegally or anything and returned to his home country on his own.

[SunAngel 0]

Zeebee, it would have probably been no longer than a week if it was. I'm thinking it takes a few days to cancel a visa anyway... or am I just wrong on that one?

Thanks Zeebee and Katie. Even if he was on a ban, it'll be years from the last time he was there before we even apply for another visa. I was actually so worried about it for a while that I wasn't sure how else I'd bring him other than a spouse visa.. ideally I'd like to do a fiance visa because I want to do the whole marriage thing in the US but if I have to, we may just get married in Joburg before we go..

[Zee Bee 61]

Zeebee, it would have probably been no longer than a week if it was. I'm thinking it takes a few days to cancel a visa anyway... or am I just wrong on that one?

Thanks Zeebee and Katie. Even if he was on a ban, it'll be years from the last time he was there before we even apply for another visa. I was actually so worried about it for a while that I wasn't sure how else I'd bring him other than a spouse visa.. ideally I'd like to do a fiance visa because I want to do the whole marriage thing in the US but if I have to, we may just get married in Joburg before we go..

If that is the case then you should not have a problem with the K1.

Good luck