Visiting US after abandonment k1

[jaycali 415]

My husband has been here for 3 months. No problem but he made some mistakes and got some debt. He needs to work to pay it off which will take up to a year. Since we can't put the monthly debt payment on hold for a while, I was hoping to go there for a couple months. A year and 7 months without my husband is just too long. :)If he comes here he will also lose his job and won't have a job when going back. We called the USCIS and they said usually it doesn't mean overstay but to be sure we need to contact the Department of State or the embassy in my country. Which we are going to do today. Let's hope I'll be fine. Thanks for the information ^^

Call/Email the embassy, i think they'd be the most credible source.

Let us know what they say and what happens

[Boiler 45,727]

As has been said you need to apply for a B2 Visa, hope they would otherwise give you one except for the ban, and that they will recommend you for a waiver.

[DeniseBill 4]

I'll let you guys know.

It's just simply not possible for him to come here anytime soon. I'm working on a study to get a good paid job to be able to sponsor him when he wants a visa for permanent stay in The Netherlands. Also he can not aquirre a visa when he has debt. He needs to be debt free. It's also not possible here to have a joint sponsor. It's hard to get a job these days.

I emailed the embassy and he is going to call the Department of State to see if they can provide us with more information.

Edited April 3, 2012 by DeniseBill

[Boiler 45,727]

Also he can not aquirre a visa when he has debt. He needs to be debt free.

That is definitely wrong. Does he need a Visa to visit anyway?

[VanessaTony 3,567]

I stayed about 11 months after the I-94 expired. So maybe I have a 3 year ban. Which means I can't go there untill 2013?

You need to know EXACTLY how long. There was another poster who had the same sort of issue (overstay and unaware of the ban period) and the "approx" date was wrong and it turned out she was 3 weeks shy of a 10 year ban. VERY lucky. SO you need to look in your passport. Find out the exact date of your I-94 expiry. Then find your ticket, or itinerary or whatever to find out the exact date you left the US. Then you'll know whether its a 3 or 10 year ban.

That said, it doesn't really matter. You have a LOT of flags of immigrant intent. Leases can be abandoned, jobs can be left. Your husband lives in the US. You have no current visa process for him to the Netherlands in the works.. The likelihood you'll be permitted a tourist visa is low. By all means try if you like though.

As for his debt preventing a visa... Is this a Netherlands thing? Because I've never heard of such a thing.

[DeniseBill 4]

That is definitely wrong. Does he need a Visa to visit anyway?

That is definetely not wrong. I contacted our immigration services. And they told me he needs to be debtfree.

He doesn't need to have a visa to visit The Netherlands but we have to apply for extended stay and permanent stay. Which has a bunch of requirements that I can not fulfill right now.

[DeniseBill 4]

You need to know EXACTLY how long.

The visa expired february 2010 and I left november 2010, so not longer than a year

Edited April 3, 2012 by DeniseBill

[VanessaTony 3,567]

The visa expired february 2010 and I left november 2010, so not longer than a year

Not the visa expiry, the I-94 expiry. Visas are valid for 6 months but that's not what control your status once you enter the US. There is a stamp in your passport that says you were admitted as a k1 and when that expires. It is 90 days from when you arrived.

[jaycali 415]

I'll let you guys know.It's just simply not possible for him to come here anytime soon. I'm working on a study to get a good paid job to be able to sponsor him when he wants a visa for permanent stay in The Netherlands. Also he can not aquirre a visa when he has debt. He needs to be debt free. It's also not possible here to have a joint sponsor. It's hard to get a job these days.I emailed the embassy and he is going to call the Department of State to see if they can provide us with more information.

I hear you. We tried to get my wifey a visa here to Norway.. They needed me as a sponsor to make the equivalent of $50,000a year for the last 3 years. No sponsor. Wasn't gonna happen.

Edited April 3, 2012 by jaejayC

[DeniseBill 4]

Not the visa expiry, the I-94 expiry. Visas are valid for 6 months but that's not what control your status once you enter the US. There is a stamp in your passport that says you were admitted as a k1 and when that expires. It is 90 days from when you arrived.

ya that's what I meant, I-94 expired in feb. Sorry for the confusion

[DeniseBill 4]

I hear you. We tried to get my wifey a visa here to Norway.. They needed me as a sponsor to make the equivalent of $50,000a year for the last 3 years. No sponsor. Wasn't gonna happen.

Well thank goodness it's not that crazy but I need a fulltime job with minimum wage and a year contract, or permanent employee. And that's very hard to get. So I'm working on a study in finances to see if I can get a good job with it. Still have lots of time though, he needs to pay his debts. If he even could abandon his debts and come here he would put his parents in a shitload of problems because their house is in his name and they might take it. And we're not going to screw over my in laws for the mistakes he made

[Darnell 8,478]

so, you try for ESTA yet? what was the result?

(you really should try, just to be certain)

[Boiler 45,727]

Admitting only Tourists who were debt free would pretty much kill any Countries Tourism industry.

[villaspurs 65]

The debt-free requirement is for a visa for a permanent stay, not a tourist visa.

[Clear 0]

Hello everybody,

I would like to hear some thoughts on an issue I have. In 2009 I went to the United States on a K1 visa. We got married within the time limit we had. After 1 year of living there, I realized it isn't meant for me.I also got very ill and we couldnt afford hospital and doctor visits anymore. So me and my husband decided to move to Holland. I went back and started a study and such, and my husband will come and live here eventually. We never adjusted status after k1

Now I'm wondering if I will have any problems if I want to go visit my husband in the US for a month or 2. Can anyone give me some information on this. I have ties to this country including my home (rent and a year contract) my study and my medication I'll only get for 1 or 2 months which I'll need refill on once I'm back. Will they give me a hard time or am I ok with these ties?

Thank you in advance

Bill and Denise

Whatever you do should be done at the US EMbassy in Holland (or anywhere in Europe) - I don't see any problems if you explain your situation why they would deny you entry, specially if your husband is US citizen.

Edited April 4, 2012 by Clear