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Filed: K-1 Visa Country: Macedonia
Timeline
Posted

Dear visa journey friends...For the first time i am posting a topic here...but i have been following and reading since September...

My story is...I went on a B1B2 visa in the States....I got married with a wrong person September 8-2011...and October 24-2011 I left the country. I have overstay my I94 but not my visa...I never overstay more than 180 days...it has been only 120 days.I left the contry without divorcing the man i marry...

After i came home i start dating with another american guy who i met while i was there in usa visiting...We know eachother 3 years...and we have been dating for more than 2 years...he was in my country for 8times for the past year and a half,met my friends family everybody...We have travelled a lot together...to Greece,Montenegro,Turkey,Mexico....and many other places...So he pay my divorce in august 2012...got divorce paper in november8...and than in december 2012 he propose me and we fille k1...

We got NOA1 January13...and after one more year of waiting finaly we got approved november 1st ...Few days ago my consulate received the papers from NVC and now i am waiting for my upcoming interview in January...

So please please from your expirience tell me is there any red flags in my case? Because i married on b1b2 visa in the states...because i overstay my I94..because soon after my divorce we file the k1 petition...?

We have millions of proof for our relationship...all the airline tickets,hotels receipt , millions of pictures from a diferenet places....skype,fb chats...we have been seeing each other every second month since we start dating!

Posted (edited)

You were unlawfully present when you overstayed on your B-2 (there is no such thing as overstaying on your I-94 but not your visa). However, since your overstay was less than 180 days then you aren't inadmissible and won't need a waiver.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: K-1 Visa Country: Macedonia
Timeline
Posted

My visa was issued 22 December 2010-and valid till 21 December 2011...I enter in USA 24 December 2010....I94 GIVEN vallid 6months stay-till 24 June...I left the country October 25 2011....So i overstay the I94 but not my visa...

So do u think i will not have any problems at the interview,that will not cost denial ? :(

Filed: K-1 Visa Country: Singapore
Timeline
Posted

My visa was issued 22 December 2010-and valid till 21 December 2011...I enter in USA 24 December 2010....I94 GIVEN vallid 6months stay-till 24 June...I left the country October 25 2011....So i overstay the I94 but not my visa...

So do u think i will not have any problems at the interview,that will not cost denial ? sad.png

You didn't/couldn't "overstay your visa" because a visa is only used to enter the US but does not legalise your stay in the US. The document that authorises your stay in the US is the I94, hence your overstay is determined by the date on the I94, and the validity of your visa has no bearing on this.

As Hypnos said, since you didn't overstay more than 180 days, you won't be subject to a time bar and won't need a waiver. You will probably be asked about the overstay, and more specifically, your previous marriage to a US citizen at the interview. FWIW, it sounds like you and your current fiance have spent a lot of time together in person and met each others' families, so that will help your case. :) Best of luck!

Flying to Seattle on 6 May 2014!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

Dear visa journey friends...For the first time i am posting a topic here...but i have been following and reading since September...

My story is...I went on a B1B2 visa in the States....I got married with a wrong person September 8-2011...and October 24-2011 I left the country. I have overstay my I94 but not my visa...I never overstay more than 180 days...it has been only 120 days.I left the contry without divorcing the man i marry...

After i came home i start dating with another american guy who i met while i was there in usa visiting...We know eachother 3 years...and we have been dating for more than 2 years...he was in my country for 8times for the past year and a half,met my friends family everybody...We have travelled a lot together...to Greece,Montenegro,Turkey,Mexico....and many other places...So he pay my divorce in august 2012...got divorce paper in november8...and than in december 2012 he propose me and we fille k1...

We got NOA1 January13...and after one more year of waiting finaly we got approved november 1st ...Few days ago my consulate received the papers from NVC and now i am waiting for my upcoming interview in January...

So please please from your expirience tell me is there any red flags in my case? Because i married on b1b2 visa in the states...because i overstay my I94..because soon after my divorce we file the k1 petition...?

We have millions of proof for our relationship...all the airline tickets,hotels receipt , millions of pictures from a diferenet places....skype,fb chats...we have been seeing each other every second month since we start dating!

hi

it doesn't matter what your stamp says in your passport, once you overstay your 6 months or the date you had on your i94, your tourist visa was automatically canceled, if you would have tried to use it again, they would have put you back on a plane and cancelled your visa upon trying to enter the country. to maintain the visa you cannot overstay. once you overstayed even for a day, the visa is cancelled, no matter what your passport says

but like the other's have said, you don't have a ban and need to file a waiver because you left before 6 months passed after you overstayed.

Edited by aleful
Filed: K-1 Visa Country: Macedonia
Timeline
Posted

Thank you everybody for the answer.....I hope I will pass my interview, I am just stressing myself for all those question can be asked at the interview ....:(

I was never scared when i apply for tourist visa...they gave me very easy the tourist visa....but people make mistakes like me...and probably uscis can forgive us about that :)

 
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