From K2 to IR1 visa

[Aila 8]

Hi to all, Ok I'm a bit hesistant on posting and sharing my visa experience but I am getting really anxious and needed some of your opinion who have been through the same route as mine. Anyways Let me start with a quick story of my parents (biological), I remember when I was a kid they used to fight a lot and when i reached 4th grade my sister and I moved to my grandma (maternal) and lived there since before the K visa/s, and on 2004 my mother went to the state with K1 visa and a year after my sister and I followed (K2) and arrived in US (x-mas day of 2005). I honestly didn't know that my mom has a boyfriend and I don't really care but I learned that she's getting a visa because of him and that they will gonna get married after (I get really upset). So when her K1 visa got approve (including my sister's K2) they said I was also included/approved, we didn't really expect it because I was already 18 at that time. Anways me & my sister went to Seattle and lived with my mom and on new yrs eve. we had a party at home with my moms friends/roomates and thats when I met my husband who is 5yrs older than me (USC filipino blooded and both our mother used to work together and also our roommate too) he's separated with 2 kids but still legally married. He comes over to our place to visit his mom and then sometimes his mom would treat me and my sister out and visits places in wa. state and her son was the driver and that's when we became friends and started dating and then became a couple after 3 weeks the 3 of us (mom, me & sister) moved to texas to live with her husband. I don't like it but I have no choice. I hated her the fact that she left my dad and now i can tell that she really likes her new husband, she cooks, clean, do laundry for him that she never did to my father. We stayed there for almost 2 weeks then my sister and I moved to LA with my aunt and grandma (maternal) and we had no more contacts/communication with our mom. Then after 2 months my husband went to LA to visit me and then asked my grandma and aunt for my hand it wasn't easy but i'm stubborn and go with him back to seattle and got our own aprtment. He said that he promised my lola (grandma) that he'll take care of my papers (AOS) so when we arrived in seattle he filled and paid for my AOS,on august 2006 I got my 2yr greencard (he surprised me and took me to vancouver, ca and stsyed there for a week).

Then on that same yr he filled ofr his divorce, it took him 2 yrs before there marriage was dissolved (2008).

On 2007 we had our baby and heard that my mom was back in seattle.

On 2008 he sent me to com. college and also we filled for my ROC.

2009 i finished my program, got new job and we got married and that same yr we (mom,sister and me) went in for the interview I didn't really remember what the CO asked her/us but the only thing thay I can remember thay he said was "you guys (sister,me) are married especailly you that you have a child so you can just file petition through your spouses" and I also heard him saying "your denied". Ok, so here's what happened (don't know if it's true or what). Before the interview step-dad flew to Seattle to come with us for our interview. My mom works in a home care and thats where step-dad stays too. Now he said that he saw my mom sleeping in the same bed with another guy so what he did is he called USCIS and told them about it and he said that there marriage was a fraud. Again I didn't really know how or when they started or how did there relationship goes. All i know is she met him through my aunt from LA who's friend with him.

Now on 2010 i've recieved a notice to appear letter. 2011 I went under removal proceeding. My sister is lucky that her mom-in-law is generous enough to get her a lawyer. At that time i was so scared and didn't know how to proceed. We we're just starting to get back on our feet after having a baby and going to school eat ups money and since I was out of status i have to quit my job because I don't want to violate immig. law and jeopardize my chances of getting a new visa and i already stsrted my life and family in US and wanted to stay but the denial was un expected. And we couldnt afford a lawyer so i have decided to do a voluntary departure and wait for the 5 yr ban and will just do a spousal visa. (I know this is not the smartest moved but again I was really anxious). The judge approved it and i have to leave on or before May 12,2011.

April 2011 Our daughter and I arrived Philippines went to Manila US EMbassy and submitted my verification of departure and then decided to pursue my career and a get a degree. We are living in my husband parents house both his parents in US so we have the house on our own.

Now during our stay here my husband comes 2x a yr (every sem break), we go out of town, go on vacations, he'll send us money, we talk everyday, he'll send me flowers and chocolates every valentines and birthday, we used to skyped every sunday but his schedule moved so no more but fb/imessage everyday up to now.

2015- mom arrived phillippines after illegally staying in US, finally finished college and got my degree and then he filled for my spousal visa, approved.

2016 - i'm done with my specialization in school and he also paid all required fees, sent all documents to NVC and now waiting for case complete. I got a checklist for my NBI clearwnce so i'm waiting longer.

I tried to keep my story concise but it still a long one (sorry) but now that I am almost close to getting an interview. I am getting anxious badly and I'm having sleepless night from over thinking. I feel like they might deny me because of my K2 visa, my mom and that our marriage took place while i'm under removal proceeding. Because when my sister had her naturalization interview she said that the CO asked her moslty about my mom and her msrriage to our step-dad. She said that CO only ask her 2 or 3 questions about her and hubby but she got approved anyways and now a USC actually when she said that i tripped for reals and cried to my husband i know know. But i just cant help it. I worry too much and this whole procces is just stressing me out my husband keeps on telling me not to think too much and reassuring me that everything will be fine.

So now I prepared all the documents for the interview i wanted to get everything done and come in prepared. So now literally i'm just waiting for CC and visa interview sched., medical and CO interview.

I posted in here because I wanted to hear others opinion or thought . Is there any red flags or any other thingd based on my story that might be a reason for my visa denial? And up to now I am still unsure on my ban, if it's a 3 or 5 yr ban. Thank you

[FxL 39]

They'll ask you about it but just be honest of your situation. Answer simple and short. You're relationship is true and real so don't worry so much. Good luck

[aleful 1,905]

hi

there is no 5 year ban, it is 3 or 10, and since you overstayed over a year after you were 18, you will be denied and given a 10 year ban, your husband will have to file the i601 waiver with his hardship letter and evidence

you should be working on the waiver and your husband on the hardship letter to overcome the 10 year ban. he has to prove how he would suffer if you couldn't come and he will have to prove reasons why he can't move to your country to be with you and your child

the ban is for overstaying

if you would have left before the i94 was up, then you wouldn't be having a problem, the 10 year ban is for anyone who overstays over a year

for your information, the age of K2 can be up to 21, you have to enter the country before you turn 21, so you qualified because you were 18 at that time

now if he would have married your mom and filed the spousal visa, and not the K1, that's where your age comes into play, you would have needed to be under 18 at the time of marriage. k1/k2 is different, it allows the child to enter the country under 21

Edited July 2, 2016 by aleful

[teddy k 35]

Hi you need to relax cuz come interview day if your like that the CO will trip you up on purpose. You have to think through all of your answers don't be in a rush and answer any questions truthfully and look confident pretend that your talking to your lola

[Aila 8]

They'll ask you about it but just be honest of your situation. Answer simple and short. You're relationship is true and real so don't worry so much. Good luck

Yes, that's what my husband, my sister and her lawyer advised to do too. They said "Just be honest and answer what is asked". and also I have no plans or intention to lie. Thank you And thank you for your time ?

[Aila 8]

hi

there is no 5 year ban, it is 3 or 10, and since you overstayed over a year after you were 18, you will be denied and given a 10 year ban, your husband will have to file the i601 waiver with his hardship letter and evidence

you should be working on the waiver and your husband on the hardship letter to overcome the 10 year ban. he has to prove how he would suffer if you couldn't come and he will have to prove reasons why he can't move to your country to be with you and your child

the ban is for overstaying

if you would have left before the i94 was up, then you wouldn't be having a problem, the 10 year ban is for anyone who overstays over a year

for your information, the age of K2 can be up to 21, you have to enter the country before you turn 21, so you qualified because you were 18 at that time

now if he would have married your mom and filed the spousal visa, and not the K1, that's where your age comes into play, you would have needed to be under 18 at the time of marriage. k1/k2 is different, it allows the child to enter the country under 21

Thank you for correcting me on the years of ban. Nos my husband said that i have a 3yr ban.

August 2008- ROC filled

2009- interview and ROC denied

2010 - recieved a letter removal proceeding. Same year we requested and granted voluntsry departure and needs to leave US on or before May 12,2011

April 2011 - arrival in the philippines and report and filled my arrival of departure paper to US embassy here in Philippines.

I believed that i didn't over stayed my visa for more than a year and i also read from other sites that you are given a year, until the judge decision. Now please correct me if i'm wrong on my understanding. Cause if its really 10yrs ban for me then this is going to me a nightmare for us. And definitely blame myself for leaving US rather than just staying. Thanks

[aleful 1,905]

hi

there is no 5 year ban, it is 3 or 10, and since you overstayed over a year after you were 18, you will be denied and given a 10 year ban, your husband will have to file the i601 waiver with his hardship letter and evidence

you should be working on the waiver and your husband on the hardship letter to overcome the 10 year ban. he has to prove how he would suffer if you couldn't come and he will have to prove reasons why he can't move to your country to be with you and your child

the ban is for overstaying

if you would have left before the i94 was up, then you wouldn't be having a problem, the 10 year ban is for anyone who overstays over a year

for your information, the age of K2 can be up to 21, you have to enter the country before you turn 21, so you qualified because you were 18 at that time

now if he would have married your mom and filed the spousal visa, and not the K1, that's where your age comes into play, you would have needed to be under 18 at the time of marriage. k1/k2 is different, it allows the child to enter the country under 21

Thank you for correcting me on the years of ban. Nos my husband said that i have a 3yr ban.

August 2008- ROC filled

2009- interview and ROC denied

2010 - recieved a letter removal proceeding. Same year we requested and granted voluntsry departure and needs to leave US on or before May 12,2011

April 2011 - arrival in the philippines and report and filled my arrival of departure paper to US embassy here in Philippines.

I believed that i didn't over stayed my visa for more than a year and i also read from other sites that you are given a year, until the judge decision. Now please correct me if i'm wrong on my understanding. Cause if its really 10yrs ban for me then this is going to me a nightmare for us. And definitely blame myself for leaving US rather than just staying. Thanks

hi

you have 2 overstays, I'm not an attorney to tell you if the first overstay will count since ROC was denied. you overstayed your k2 visa the first time, after you were 18, even though you got a 2 year GC, those 2 years don't count, and I'm not sure if they will count since you left the country. so you have a few years of overstaying your k2 until you were petitioned for spousal visa and granted an EAD and later the 2 year GC. overstay is forgiven as long as you remain in the US, but since you left, I don't know if immigration will count that overstay

overstay number 2, is from the ROC denial in 2009, until you left in 2011, once denied the 2 year GC removal, you should have left the country immediately. you didn't have any legal status in the country, that's where your overstay began, in 2009 to 2011 is over a year

now since I'm not an attorney I could be wrong, and your husband should get an experienced attorney, one thing is deportation, you signed a voluntary departure to forgive deportation, but you still may be facing a ban for overstay, the judge's job is to forgive deportation, most likely not a ban for overstay

Edited July 2, 2016 by aleful

[Aila 8]

hi

you have 2 overstays, I'm not an attorney to tell you if the first overstay will count since ROC was denied. you overstayed your k2 visa the first time, after you were 18, even though you got a 2 year GC, those 2 years don't count, and I'm not sure if they will count since you left the country. so you have a few years of overstaying your k2 until you were petitioned for spousal visa and granted an EAD and later the 2 year GC. overstay is forgiven as long as you remain in the US, but since you left, I don't know if immigration will count that overstay

overstay number 2, is from the ROC denial in 2009, until you left in 2011, once denied the 2 year GC removal, you should have left the country immediately. you didn't have any legal status in the country, that's where your overstay began, in 2009 to 2011 is over a year

now since I'm not an attorney I could be wrong, and your husband should get an experienced attorney, one thing is deportation, you signed a voluntary departure to forgive deportation, but you still may be facing a ban for overstay, the judge's job is to forgive deportation, most likely not a ban for overstay

Hello,

Clearly you are not a lawyer ✌️ But I don't think i have overstayed twice. Because when i was given a 2 yr. coNditional GC i was legal to stay in US and before i started working i have legal documents and before its expiration have to filled for ROC now even if my GC expired AS LONG AS THE ROC IS STILL IN PROCEES overstaying does'nt count yet. Now after the interview and denial on 2009. We we're told by the CO "DURING" the interview that we will undergo a removal proceeding and that we have to WAIT until the judge decision. We/I recieved the letter on Aigust of 2010 Now If i left US without waiting for the removal proceeding to be finalized then that was a BAD move. So yes. Staying and wait for removal proceeding was the proper action. The judge told me that i have two options to stay or leave the country voluntarily. Like i've said i made a wrong decision on choosing to leave to help my husband in terms of financial matters. And wasn't in right mind back then because of what had happened. And the age 21 yo limit only applies to whether you are eligible to have a K2 visa which i did have. So my age being 18 back then doesnt count or not even an issue in terms of my overstaying. And if ever i will be granted an IR1 visa this time (finger crossed), I i won't be recieiving a 2 yr conditional GC but a 10yr GC since me and hubby is married for 7yrs.

Thanks again :-)

[Boiler 45,322]

Agree you will need a waiver for the 10 year ban.