past visa information

[dirtyd301 0]

my boyfriend was here on a J1 visa and it just expired march 6. on the I-94 form that we sent with the petition there was a complication (long story) but the departure date on it reads the 5th of Oct even though it wasnt up until march. so my question is are they able to access his previous visa information to see that he did not stay past his expiration date?? i do not know if this will affect our NOA2. thank you if anyone can help!

Diana and Enrico

[NEDO2 0]

my boyfriend was here on a J1 visa and it just expired march 6. on the I-94 form that we sent with the petition there was a complication (long story) but the departure date on it reads the 5th of Oct even though it wasnt up until march. so my question is are they able to access his previous visa information to see that he did not stay past his expiration date?? i do not know if this will affect our NOA2. thank you if anyone can help!

Diana and Enrico

Hi,

I think that they have a record of the J1 visa info of your boyfriend. The program he came for is the most important element of the visa. So as long as he is in status in regards to the DS2019 goal and the annotattions of the immigration officer made on it, he is fine.But I just want to know if he is subject or not to the two year rule. Because if so, and if he is eligible to have a waiver, he should apply soon to it or no k1 will be issued to him.

[dirtyd301 0]

thanks for your reply. he is not subject to the two year rule. i definetely made sure of that!! but i am not sure what you mean by ds2019 form goals??? i know what form that is but i am not sure how that applies to issuing a K1??

Diana and Enrico

Hi,

I think that they have a record of the J1 visa info of your boyfriend. The program he came for is the most important element of the visa. So as long as he is in status in regards to the DS2019 goal and the annotattions of the immigration officer made on it, he is fine.But I just want to know if he is subject or not to the two year rule. Because if so, and if he is eligible to have a waiver, he should apply soon to it or no k1 will be issued to him.

[NEDO2 0]

thanks for your reply. he is not subject to the two year rule. i definetely made sure of that!! but i am not sure what you mean by ds2019 form goals??? i know what form that is but i am not sure how that applies to issuing a K1??

Diana and Enrico

Hi,

I think that they have a record of the J1 visa info of your boyfriend. The program he came for is the most important element of the visa. So as long as he is in status in regards to the DS2019 goal and the annotattions of the immigration officer made on it, he is fine.But I just want to know if he is subject or not to the two year rule. Because if so, and if he is eligible to have a waiver, he should apply soon to it or no k1 will be issued to him.

I just mean the purpose mentioned on the DS2019, the aera of his program...the field of studies if you want. So you will see the annotation of the immigration officer on the DS2019 and it is that annotation that tells how long your fiancé could stay in the US: if it is duration of status(D/S), he could stay in the US as long as it takes to finish the program plus a grace period of 30 days. hmm, I hope that is not too complicated

[dirtyd301 0]

no actually that is not complicated at all. he was D/S i understand now. thank you so much. that makes me feel better. i just hope that the fact that it had to be corrected once because we were missing paperwork at the candian border once wont make a difference. that is why the I94 form was replaced with the wrong date. but then we went to the bahamas in january and had no problems at the border and got a new I94 form which is corrected with the right date. but i couldnt send it with my petition cuz we got after we sent it. but on the ds2019 it has the right dates and everything but they told me that i didnt have to send it with the petition. does that make sense??

I just mean the purpose mentioned on the DS2019, the aera of his program...the field of studies if you want. So you will see the annotation of the immigration officer on the DS2019 and it is that annotation that tells how long your fiancé could stay in the US: if it is duration of status(D/S), he could stay in the US as long as it takes to finish the program plus a grace period of 30 days. hmm, I hope that is not too complicated

[NEDO2 0]

no actually that is not complicated at all. he was D/S i understand now. thank you so much. that makes me feel better. i just hope that the fact that it had to be corrected once because we were missing paperwork at the candian border once wont make a difference. that is why the I94 form was replaced with the wrong date. but then we went to the bahamas in january and had no problems at the border and got a new I94 form which is corrected with the right date. but i couldnt send it with my petition cuz we got after we sent it. but on the ds2019 it has the right dates and everything but they told me that i didnt have to send it with the petition. does that make sense??

Just to feel protected, it is better to give too much than not enough. If you think that they would arise a kind of "US-Stay' problem, well why not send a copy of the DS2019 and the J1 visa? good luck

[scy 0]

my boyfriend was here on a J1 visa and it just expired march 6. on the I-94 form that we sent with the petition there was a complication (long story) but the departure date on it reads the 5th of Oct even though it wasnt up until march. so my question is are they able to access his previous visa information to see that he did not stay past his expiration date?? i do not know if this will affect our NOA2. thank you if anyone can help!

Diana and Enrico

Why is this even an issue? USCIS is not going to care about your fiance's overstay in an I-129F petition. It cares only for the following:

-You are a US Citizen

-You and your fiance are not married

-You and your fiance have met within the last two years

-And you and your fiance signed statements saying you will get married in the US

That's it. Anything else you sent is superfluous. USCIS doesn't want to see the I-94, your fiance's J-1 visa, or anything like that. Any overstay is dealt with at the consulate level, not at USCIS.

In other words, don't bring up negative things unless they ask first.

[dirtyd301 0]

i am glad that you let me know that it would be dealt with later. i didnt know that. i did not send it with the petition for that same reason. he didnt overstay so i am not concerned i just didnt know if they would care and need to see that stuff, but you answered that question for me so thanks!