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JLJ852

student (F1) visa overstay and applying for IV

By JLJ852 in Introducing our Members

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JLJ852 Newbie

JLJ852   0

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

Hi to All VisaJourney users. I am a new user and this is my first post.

I browsed here to find answers regarding my situation but I'm still confused. Any info would be really appreciated regarding my case.

My Case:

I was on a Student F1 visa in the US and overstayed for less than 180 days and voluntarily departed the US in July 2010.

My wife(US citizen) applied for I-130 in July 2014 and it was approved in December 2014 and now we are awaiting to hear from the NVC.

Seems like the 3 year bar doesn't apply to me because its been more than 4 years now since I've been staying outside the US.

But I am wondering if the 5 year bar that applies to a student visa abuser (INA 212(a)(6)(G)) would apply in my case. If it does apply then what would be the best thing to do to avoid visa denial? Should I wait, if its possible until July 2015 (when my 5 year stay outside the US will be met) to file DS-260?

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TBoneTX Grand Master

TBoneTX   45,329

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

Welcome to the forum.

You might be able to wait; others will come along to answer more authoritatively.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Pitaya Grand Master

Pitaya   2,577

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

Welcome to the forum.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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