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capriwithlove

Is this considered an over-stay? Filing for K1 currently

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Filed: AOS (apr) Country: Canada
Timeline

Hello,

I had stayed in the USA for a year and a half on a J1 Student Visa. I went in lawfully on a visitor's visa I believe in July, attended classes in September and then proceeded into the following year up into June. At the time I had went to a lawyer and he stated it is fine for me to stay in the country under my J1 visa, as long as I wasn't questioned for it. I stayed during the Summer and decided not to continue onto school and ended up going home early the following year, which would of been early into the next term.
I'm currently filing for a K1 and was wondering if my J1 situation will have any bad influence on the interview process. I had stated on the K1 forms that I never overstayed, which multiple lawyers have told me. Was just wondering from the VJ community if this holds up the same. Thanks.

EDIT: I'm not sure of my D/S dates either, but am of course trying to find them.

Edited by capriwithlove
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Filed: K-1 Visa Country: Wales
Timeline

A Visa is used for entering a country, some allow change of status. But change of status is something you apply for.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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

D/S dates? :wacko:

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

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

You really need to clarify you status in the US for anyone to provide any meaningful answers. You asy you were in the US for a year-and-a-half on a J1 visa, but you also say you enetered on a visitor visa. You talk about having attended classes in September, but don't make clear how long you continued in the classes or what status you were in when you started classes. You say you stayed "through the summer", without saying what your were doing. You only have 30 days after ending a J1 program to leave the US. You have not supplied enough information for anyone to help you.

(Pitaya: D/S means "Duration of Status" -- an admittance into the US for an unspecified length of time based on being in and completing a specific program (usually studies).)

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