Do we even need a k-1 visa?

[DJ6372 111]

I knew this information after I was removed.

And as a foreigner with no knowledge of USCIS regulations and procedures I never could imagine that it was supposed to happen to me. Once they granted me with the extension, I thought I could use that entirely.

I didn´t made with this intention, even because they made a mistake at the stamp of my passport (they granted me when I arrived 6 months on their records according with USCIS site and the stamp on my passport was just for 3 months) and I extended my visa based on the stamp of my passport to show honesty and because of that I stayed 9 months there.

I consider that a huge bad luck.

Ignorance of the law is not an excuse!

Bad luck? Hardly!

[aaron2020 11,651]

I knew this information after I was removed.

And as a foreigner with no knowledge of USCIS regulations and procedures I never could imagine that it was supposed to happen to me. Once they granted me with the extension, I thought I could use that entirely.

I didn´t made with this intention, even because they made a mistake at the stamp of my passport (they granted me when I arrived 6 months on their records according with USCIS site and the stamp on my passport was just for 3 months) and I extended my visa based on the stamp of my passport to show honesty and because of that I stayed 9 months there.

I consider that a huge bad luck.

It's not bad luck. It's poor planning or the lack of planning. As a foreigner, you should understand the immigration rules for the country that you are visiting.

Even though your stay was legal, your intent on returning to the US was basically to live in the US while waiting for everything. You spent a month in your home country. That's a visit. That's not living there.

The only mistake that was made was by you trying to re-enter the US after being here for 9 months and leaving for 1 month. You unwittingly was committing immigration fraud. This is why you have to wait for an immigration visa. Not bad luck, just lack of understanding the rules, lack of planning, and making an honest mistake on your part.

Edited January 9, 2016 by aaron2020

[blondedoc 35]

I knew this information after I was removed.

And as a foreigner with no knowledge of USCIS regulations and procedures I never could imagine that it was supposed to happen to me. Once they granted me with the extension, I thought I could use that entirely.

I didn´t made with this intention, even because they made a mistake at the stamp of my passport (they granted me when I arrived 6 months on their records according with USCIS site and the stamp on my passport was just for 3 months) and I extended my visa based on the stamp of my passport to show honesty and because of that I stayed 9 months there.

I consider that a huge bad luck.

Ignorance of the law is not an excuse!

Bad luck? Hardly!

Get a wrong stamp at the passport from USCIS definitely is a bad luck... and deal with a solo I-212 is even more bad luck, because no one knows how to handle that, so if we look back, it was better be in a overstay, fill the I-212 and I-601 and done! Ignorance + bad luck = my situation.

[aaron2020 11,651]

Get a wrong stamp at the passport from USCIS definitely is a bad luck... and deal with a solo I-212 is even more bad luck, because no one knows how to handle that, so if we look back, it was better be in a overstay, fill the I-212 and I-601 and done! Ignorance + bad luck = my situation.

Ignorance = no planning or lack of planning leading = unwittingly violating US immigration laws = your situation. Bad luck has nothing to do with it.

[blondedoc 35]

It's not bad luck. It's poor planning or the lack of planning. As a foreigner, you should understand the immigration rules for the country that you are visiting.

Even though your stay was legal, your intent on returning to the US was basically to live in the US while waiting for everything. You spent a month in your home country. That's a visit. That's not living there.

The only mistake that was made was by you trying to re-enter the US after being here for 9 months and leaving for 1 month. You unwittingly was committing immigration fraud. This is why you have to wait for an immigration visa. Not bad luck, just lack of understanding the rules, lack of planning, and making an honest mistake on your part.

Yes, you are right... I never, ever thought a situation like that and as I said: once I was granted with that I THOUGHT I could use.

But a wrong stamp... and get a process with a solo I-212 is a huge bad luck...

[ch3john 308]

In case no one has mentioned it, going this route is considered visa fraud.

[Avery Cates 1,141]

Can you elaborate on the incorrect stamp thing? I've read it a few times but still don't quite understand exactly how it all fits with the rest.

[WandY 430]

In the USA, ignorance of the law is no excuse. That seems to be the universal caveat for everyone, at home or abroad. After sitting in a U.S. consulate visa waiting room for most of a day, it amazes me what people try to get away with. Or maybe it doesn't. Great replies from the posters. Go by the rules or go bye-bye.

[blondedoc 35]

Can you elaborate on the incorrect stamp thing? I've read it a few times but still don't quite understand exactly how it all fits with the rest.

Sure I can! And I hope I´ll make you understand!

When a foreigner entry USA, they get a stamp on their passport with the date that the person entered and the day until the person is allowed to stay.

So, in my situation, I got a stamp with the date that I entrered and I was granted with 3 months to stay.

But.. When I get USCIS records (that one that you can check your I-94) it shows that I was granted with 6 months.

With this situation, I decided to aply for an extension based on my stamp, cause I was scared to be called as an illegal.

So, I applied for an extension with my stamp still working. USCIS accdepted that by the date that the extension was issued.

In my point of view (please, correct me if I´m wrong), this is a mistake and it is giving me a hard time in my process.

[DJ6372 111]

The cynical me see's somebody caught out by the rules

Not bad luck

[Avery Cates 1,141]

Sure I can! And I hope I´ll make you understand!

When a foreigner entry USA, they get a stamp on their passport with the date that the person entered and the day until the person is allowed to stay.

So, in my situation, I got a stamp with the date that I entrered and I was granted with 3 months to stay.

But.. When I get USCIS records (that one that you can check your I-94) it shows that I was granted with 6 months.

With this situation, I decided to aply for an extension based on my stamp, cause I was scared to be called as an illegal.

So, I applied for an extension with my stamp still working. USCIS accdepted that by the date that the extension was issued.

In my point of view (please, correct me if I´m wrong), this is a mistake and it is giving me a hard time in my process.

I see. It's not quite as relevant to the condition of your situation as you think then. If you had stated for 6 months, and then left for a month and try to come back, there's about a 75% chance you would have been turned back then as well. If you stayed 3 months and did the same, they probably would have put a hard 3 month limit if they did let you in again at that point.

[jan22 3,056]

Sure I can! And I hope I´ll make you understand!

When a foreigner entry USA, they get a stamp on their passport with the date that the person entered and the day until the person is allowed to stay.

So, in my situation, I got a stamp with the date that I entrered and I was granted with 3 months to stay.

But.. When I get USCIS records (that one that you can check your I-94) it shows that I was granted with 6 months.

With this situation, I decided to aply for an extension based on my stamp, cause I was scared to be called as an illegal.

So, I applied for an extension with my stamp still working. USCIS accdepted that by the date that the extension was issued.

In my point of view (please, correct me if I´m wrong), this is a mistake and it is giving me a hard time in my process.

Sorry, but Ibelieve you are wrong. While the date written in the passport was wrong, I still don't really see a "mistake" on the part of US immigration. You obviously got a copy of the I-94 with the right date on it and could have stayed the 6 months you supposedly planned on when you entered. No mistake.

There was no reason for you to file for an extension if you truly only planned to stay for the original six months. But, you did...and US immigration was gracious enough to give you an additional 3 months, which they did not have to do. No mistake.

You didn't have to stay the full 9 months....but you did. During that time, there was plenty of time to discuss the things you talked about re planning for the K1, telling family, etc. But, you chose to stay outside the US for only 1 month and then seek to re-renter. Mistake -- but it was yours to try to use the visitor visa to be living in the US.

I know this sounds really harsh and how hard it is to be separated from your fiance/husband, but it's frustrating to see the blame being placed on US immigration for applying US law appropriately and on "bad luck" when visa abuse patterns like you describe are one of the reasons the process is as long and complicated as it is for everyone else.

I hope you get it all sorted out and are soon reunited with your husband.

[walran 24]

This is a broken system that is ridiculous in the time it takes to gain approval and the fact that it is so unpredictable ( except for the long wait and heartache..).. Double the fees or even quadruple them and it would be fine for 90% of filers if they hired more people and expedited the process.

The part that seems morally wrong to me is that it takes longer for married couples to get approval than K1's..

[Transborderwife 4,666]

This is a broken system that is ridiculous in the time it takes to gain approval and the fact that it is so unpredictable ( except for the long wait and heartache..).. Double the fees or even quadruple them and it would be fine for 90% of filers if they hired more people and expedited the process.

The part that seems morally wrong to me is that it takes longer for married couples to get approval than K1's..

It really doesn't. K1s still have another hoop to jump with the aos

[LionessDeon 2,060]

Hi. My question is do we even need to go through the k1 process? Wouldn't it be better to have my fiancee visit me in the u.s and we get married here. Then file for Adjustment of status? Wouldn't that be quicker then waiting for a k1 visa?

Well if that was legit we would all be doing that now wouldn't we?! It would be nice but it's fraudulent.