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Blueberry Pancake

Previous overstay. CR1 or K1??

By Blueberry Pancake in IR-1 / CR-1 Spouse Visa Process & Procedures

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Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
Posted

My boyfriend and I have been in a long distance relationship for over a year now (we've known each other for 3 years though) , and have seen each other once so far. We are already planning another trip for this June and then a few more!:)

We both are absolutely sure that we do want to spend rest of our lives together. Since he cannot relocate to another country (he's got 4 kids from his previous marriage, a job, etc), the only way for us to be together is to bring me to the U.S.

Now, here's where it gets very complicated...

I went to the US on J1 visa in 2006, then extended my status for another year, went home on vacation and re-applied for another visa to get back in and finish my program:) (NO home residency rule). My I-94 had no expiration date, was stamped "D/S".

After my actual DS-2019 expired (dec 2008) I stayed and worked as a nanny. (Working without authorization.. I know)

I voluntarily left in April 2011.

I talked to two lawyers about my situation. One said that I will not have any problems if I ever apply for a K1 or immigrant visa.

The other said that applying for K1 will be just way too risky. Given that I overstayed (or rather was out-of-status) for that long, AND worked without authorization... even if I am granted visa, they may not let me in at POE. She advised us to go with CR1 since it's an immigration visa, and once I have one in hand, they will have to let me in.

We are leaning towards (or rather pretty much already decided) applying for CR1 (once we are married of course) , since it sounds safer.

I know that I did not accrue any unlawful presence, thanks to the fact that my I-94 didn't have a date on it. But I also do know that I did violate my status :(

Am I inadmissible? Will I need a waver? but for that I can only apply AFTER I get denied visa, right?

We want to be together.. What should we do?

I know it all looks pretty bad, but there surely must be a way...? I'd really appreciate your take on this..

PLEASE HELP.

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Ryan H Grand Master

Ryan H   3,819

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Both lawyers you spoke to are idiots. The first one by saying "you won't have any problems" and the second one by saying "since it's an immigration visa, and once I have one in hand, they will have to let me in." Both statements are categorically false.

Because of the length of your overstay, you incurred a 10 year entry ban that was triggered when you left the US. It won't matter which visa you pursue, it will be denied and you would then have to file for a waiver.

The working without authorization is also another issue that other member are better qualified to discuss.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

From my understanding a 3 or 10 year bar does not apply to me.

See here : http://www.state.gov/documents/organization/87498.pdf

p.10 (at the bottom) - BLANKET WAVERS b)

p.12 AliEN ADMITteD FOR DURATION of STATUS

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Blueberry Pancake Proficient

Blueberry Pancake   311

Posted
Filed: IR-1/CR-1 Visa Country: Poland
 Timeline
  • Author
Posted

To make it easier I will just copy and paste..

b. Because J-1 exchange visitors (and their dependents) are now routinely

admitted for duration of status, they will not be subject to INA 222(g) in any

event, unless DHS or an immigration judge finds a status violation. This

blanket exception is only of importance to those FMGs who were admitted until

a specific date as opposed to duration of status.

9 FAM 41.112 N7.9-2 Alien Admitted for Duration of Status

(D/S)

(CT:VISA-1533; 09-23-2010)

Nonimmigrants who were admitted D/S are subject to INA 222(g) only when there

is a formal finding of a status violation by the DHS or by an immigration judge,

resulting in the termination of the period of authorized stay.

There was never any formal finding of a status violation in my case.

Just read somewhere that working without authorization is not a ground for inadmissibility.

My SO and I are trying to do it the right way. I know I made a mistake in the past... There must be a way for us to be together :((((

4533828f9f.png

When two people are meant for each other, no time is too long, no distance is too far, no one can ever tear them apart.

USCIS: NVC:

6/21/2013 -Married in Stockholm, Sweden 4/16/2014- Case received at NVC

9/6/2013 -Priority Date 5/13 /2014- Case number and IIN assigned

2/25/2014 -Transferred to NSC 5/20/2014- DS-261 completed

3/31/2014 -Approved 5/21/2014- AOS fee invoiced and paid

5/22/2014- AOS package overnighted to NVC

5/28/2014- AOS scanned into the system

6/20/2014- IV invoice email (but fee still locked on CEAC )

6/23/2014- IV fee finally unlocked and paid.

IV package overnighted to NVC

6/30/2014- IV scanned in. DS260 completed.

7/1/2014- AOS accepted

7/2/2014- False checklist (AOS reviewed)

8/1/2014 False checklist (attorney's G28 reviewed)

8/2/2014 False checklist (NVC not sure why it was generated)

I am the beneficiary. 8/12/2014 CASE COMPLETE!

8/26/2014 Medical

9/2/2014 Interview... APPROVED!!!

9/5/2014 Visa in hand

Removal Of Conditions:

10/29- Package sent to VSC

11/1 - NOA1

11/17- Received biometrics appointment letter

11/30- Biometrics appointment

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

I would assume that you are barred from the US for 10 years based on your extended overstay.

Of course, if you know for a fact that the USCIS did not have a judge sign off on this, you have nothing to worry about. Right?

You'll definitely know once you apply for a visa. Whether you go the K-1 or CR-1 route makes no difference.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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