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Aшан

A little help please!

By Aшан in K-1 Fiance(e) Visa Process & Procedures

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
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Posted

I was an F1 student in US 1998-1999. I have filed to adjust status to tourist visa in 1998. It took long and in 2000 I've returned from US home.

Since then several times I've aplied for tourist visa in US Consulate but they rejected. I heard that if you werern

't granted a visa in US after you aplied for it, it means that you are illegal. But it doesn't matter if passed 10 years after that time.Now I have a fiance-US citizen.

Now can we apply for K-1 visa or Consulate will reject it as I was illegal 12 years ago.

Please help. Thank you for your replies.

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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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Posted

You will not be banned because of your overstay, the ban for that is ten years and that's up. However, you may have other issues, depending on why you tried to adjust status etc.,

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

If you had any ban it would have been for 10 years. The ban is up.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
 Timeline
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Posted

You will not be banned because of your overstay, the ban for that is ten years and that's up. However, you may have other issues, depending on why you tried to adjust status etc.,

Thank you for your reply

You will not be banned because of your overstay, the ban for that is ten years and that's up. However, you may have other issues, depending on why you tried to adjust status etc.,

Thank you for your reply

Does it matter if wanted to stay with my friends for more couple of months after my studies?

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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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Posted (edited)

But you cannot adjust status to greencard "because you wanted to stay with friends". So if you applied to adjust status knowing that you had no basis to do so, then you could run into problems. If you truly tried to get a tourist visa after the F1, then a tourist visa would only be valid for 6 months... if you worked (esp if you claimed to be a USC to get work) that could still cause issues. Were you picked up by ICE and got voluntary departure or just left?

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
 Timeline
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Posted

But you cannot adjust status to greencard "because you wanted to stay with friends". So if you applied to adjust status knowing that you had no basis to do so, then you could run into problems. If you truly tried to get a tourist visa after the F1, then a tourist visa would only be valid for 6 months... if you worked (esp if you claimed to be a USC to get work) that could still cause issues. Were you picked up by ICE and got voluntary departure or just left?

No I left by myself. I was still a 3rd year student at my home University and had to leave to finish my studies. I just wanted to stay for a couple of months to hang out with my friends and stay with my mother( she was illegal by that time).

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
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No I left by myself. I was still a 3rd year student at my home University and had to leave to finish my studies. I just wanted to stay for a couple of months to hang out with my friends and stay with my mother( she was illegal by that time).

Are you saying that I couldn't swich from f-1 to B visa just becase I wanted to stay as a visitor for up to 6 months? I didn't know that.

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
 Timeline
  • Author
Posted

But you cannot adjust status to greencard "because you wanted to stay with friends". So if you applied to adjust status knowing that you had no basis to do so, then you could run into problems. If you truly tried to get a tourist visa after the F1, then a tourist visa would only be valid for 6 months... if you worked (esp if you claimed to be a USC to get work) that could still cause issues. Were you picked up by ICE and got voluntary departure or just left?

It's so nice people that you answering. Thank you.Also as my mother will become US citizen in 2 years maybe it's better she could apply for family reunion. I've heard it takes 7 to 8 years! Is it true?

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Penguin_ie Grand Master

Penguin_ie   5,993

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

Yes, about 7 years sounds right for the mom petitioning you.

You mention your fiance is Mexican- is she a US citizen? If not, she cannot petition you for a fiance visa at all. If she is a US citizen, it does not matter where she is from originally, other than if she got her citizenship via marriage to a US citizen, that would be a big red flag.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Aшан Contributor

Aшан   1

Posted
Country: Hungary
 Timeline
  • Author
Posted

Yes, about 7 years sounds right for the mom petitioning you.

You mention your fiance is Mexican- is she a US citizen? If not, she cannot petition you for a fiance visa at all. If she is a US citizen, it does not matter where she is from originally, other than if she got her citizenship via marriage to a US citizen, that would be a big red flag.

I see. Thank you

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Thanks for your reply. Do you think it would affect their decision (K-1 VISA) if she is mexican?

Is she a USC?

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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