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CrankyGoose

Fiance "may" have overstayed her F1, will she be eligible for K1?

By CrankyGoose in K-1 Fiance(e) Visa Process & Procedures

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

I think if you overstay after 180 that's when it's bad and you have to report it when you fill out the whole k1 process.

No. First of all, it doesn't matter if they overstay under or over 180 days since they were not accruing "unlawful presence" as they were F1 students. And second, even if a person is out of status for 1 day they are out of status and needs to be reported on a question that asks for it. In this case though, I don't think she was actually out of status.

Edited by newacct
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steph&max Enthusiast

steph&max   13

Posted
Filed: AOS (apr) Country: Guatemala
 Timeline
Posted

No. First of all, it doesn't matter if they overstay under or over 180 days since they were not accruing "unlawful presence" as they were F1 students. And second, even if a person is out of status for 1 day they are out of status and needs to be reported on a question that asks for it. In this case though, I don't think she was actually out of status.

Lol. You contradicted yourself there. They clearly said that they overstated two months. So according to what you said they would be.

K1 Visa

I-129F Sent: 2015-11-12 I-129F NOA1 notice: 2015-11-18 I-129F NOA2 approval: 2015-12-21 I-129F NOA2 hardcopy: 2015-12-27

NVC case number-hard copy arrived: 2016-1-21 Case arrived at GUA embassy: 2016-1-19 Packet 3 Email Recceived: 2016-1-27

Medical: 2016-2-3

Interview: 2016-2-26 Approved!

Visa in hand: 2016-3-3

POE: 2016-3-23

Married: 2016-3-25 (L)

AOS

AOS filed and delivered: 2016-4-18

Check cashed by USCIS: 2016-5-4

Text notification received: 2016-5-5

NOA arrived in mail for AOS, EAD, AP: 2016-5-7

Biometrics Appointment: 2016-5-24

Service request created by me since we have not heard anything about EAD: 2016-7-12

Status changed to EAD card being produced: 2016-7-21

Received EAD Card and AP in mail: 2016-7-28

Interview for Green card -  Approved: 2016-9-15

Received Green card: 2016-10-9

Done and in love (L)

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Lol. You contradicted yourself there. They clearly said that they overstated two months. So according to what you said they would be.

No, they did not. When did they say "that they overstayed two months"? Her employment met the OPT rules. There's just a question of reporting it; but issues with reporting probably do not rise to the level of violating status.

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steph&max Enthusiast

steph&max   13

Posted
Filed: AOS (apr) Country: Guatemala
 Timeline
Posted (edited)

No, they did not. When did they say "that they overstayed two months"? Her employment met the OPT rules. There's just a question of reporting it; but issues with reporting probably do not rise to the level of violating status.

Anyways we both said the same thing, they did not violate status so they should be good. I know because I WAS and F1 student in the same situation. Edited by steph&max

K1 Visa

I-129F Sent: 2015-11-12 I-129F NOA1 notice: 2015-11-18 I-129F NOA2 approval: 2015-12-21 I-129F NOA2 hardcopy: 2015-12-27

NVC case number-hard copy arrived: 2016-1-21 Case arrived at GUA embassy: 2016-1-19 Packet 3 Email Recceived: 2016-1-27

Medical: 2016-2-3

Interview: 2016-2-26 Approved!

Visa in hand: 2016-3-3

POE: 2016-3-23

Married: 2016-3-25 (L)

AOS

AOS filed and delivered: 2016-4-18

Check cashed by USCIS: 2016-5-4

Text notification received: 2016-5-5

NOA arrived in mail for AOS, EAD, AP: 2016-5-7

Biometrics Appointment: 2016-5-24

Service request created by me since we have not heard anything about EAD: 2016-7-12

Status changed to EAD card being produced: 2016-7-21

Received EAD Card and AP in mail: 2016-7-28

Interview for Green card -  Approved: 2016-9-15

Received Green card: 2016-10-9

Done and in love (L)

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CrankyGoose Rookie

CrankyGoose   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

Thank you so much guys for all your knowledgeable inputs! Luckily, her advisor got back to her yesterday and confirmed with her that she was never out of status. That was a great news!

Anyways, I truly appreciated all your time replying on this post! And I hope this post is helpful for those who might be in similar situations.

Thank you

Eric

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steph&max Enthusiast

steph&max   13

Posted
Filed: AOS (apr) Country: Guatemala
 Timeline
Posted

Great to hear! Best of luck in everything ???

K1 Visa

I-129F Sent: 2015-11-12 I-129F NOA1 notice: 2015-11-18 I-129F NOA2 approval: 2015-12-21 I-129F NOA2 hardcopy: 2015-12-27

NVC case number-hard copy arrived: 2016-1-21 Case arrived at GUA embassy: 2016-1-19 Packet 3 Email Recceived: 2016-1-27

Medical: 2016-2-3

Interview: 2016-2-26 Approved!

Visa in hand: 2016-3-3

POE: 2016-3-23

Married: 2016-3-25 (L)

AOS

AOS filed and delivered: 2016-4-18

Check cashed by USCIS: 2016-5-4

Text notification received: 2016-5-5

NOA arrived in mail for AOS, EAD, AP: 2016-5-7

Biometrics Appointment: 2016-5-24

Service request created by me since we have not heard anything about EAD: 2016-7-12

Status changed to EAD card being produced: 2016-7-21

Received EAD Card and AP in mail: 2016-7-28

Interview for Green card -  Approved: 2016-9-15

Received Green card: 2016-10-9

Done and in love (L)

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