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Filed: K-1 Visa Country: Philippines
Timeline
Posted

My fiancé overstayed a visa that she had for Canada, she is back in the Philippines now but will she be able to get a K-1visa to come to the USA? Thanks, any guidance is very much appreciated.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I am not sure if an overstay in another country impacts a US application for a K1. It may have some factor if she was applying for a US visitor visa, but since the K1 carries the implicit intent to immigrate, I think you should be fine, but others may have more information.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

I am not sure if an overstay in another country impacts a US application for a K1. It may have some factor if she was applying for a US visitor visa, but since the K1 carries the implicit intent to immigrate, I think you should be fine, but others may have more information.

During the application of the K1 Visa, a POLICE CLEARANCE IS REQUIRED. Therefore, if stayed in Canada for more than 6 months she will be asked for a Police Clearance from Canada. I am not sure how an overstay Visa will impact the Police report.

Quote:

Applicants aged 16 years and older must also present police certificates from other countries where they have lived for six (6) months or more after reaching age 16. As with NBI clearances, foreign police certificates should be obtained in any maiden names, aliases or nicknames used while in the country in question, including different spellings you have used of those names.

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

Filed: Other Country: Philippines
Timeline
Posted (edited)

My fiancé overstayed a visa that she had for Canada, she is back in the Philippines now but will she be able to get a K-1visa to come to the USA? Thanks, any guidance is very much appreciated.

Nope. It was for Canada... no worries.

No problem going back to Canada after she has her green card. ;)

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

 
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