Jump to content
Besamiot

F1 visa denial due to fiance's over staying visa 5 years ago

 Share

16 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Nigeria
Timeline

Hello guys, I have a problem and I need help. My fiance was denied a visa at the Embassy Yaounde because he overstayed his visa in 2012 ( before we ever met). He was given a green paper which I haven't seen yet. But he says he was asked why he did not contact the uscis to extend his visa. My question is, what options do we have? Has anyone in this forum ever been faced with this same situation? Thanks for any suggestions. 

Edited by Besamiot
To use the right ecpression
Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

How long did he overstay?

 

If below 180 days from expiration, you could go K-1 route.

If over 180 days, he has a 3 year ban on him I am sure. This could be over come with a waiver though. Also depends if it the ban time has already passed(which sounds like if it was 2012 it would have)

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

Filed: K-1 Visa Country: Nigeria
Timeline

Thanks Ben&Zian.  He overstayed 6 months.  Yes, I thought the ban will not apply in this case, since it had been 5 years since he left the United states. He says the lady interviewer said the embassy will contact him but did not specify when. I hope it doesnt  take too long.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

***** Moving from AOS  to Student Visa forum, as Ip does not have a visa nor can her fiance legally AOS from a student visa *****

 

The ban is gone after 5 years, as it only lasts 3.  But that does not mean that a visa will be approved, it just means that it CAN be approved. Because he overstayed before, it will be difficult for him to get any kind of non-immigrant visa as they are afraid he will overstay again, especially with a US fiancee in the mix too.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Link to comment
Share on other sites

9 hours ago, NuestraUnion said:

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

+1

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites

Filed: K-1 Visa Country: Nigeria
Timeline

Thanks for writing, KierenHby.

So, what do you think would be the best way to get around this situation? Go get married in cameroon and file an i-130? I I have already  been through a lot with this k-1 and I was looking forward  to him obtaining  that visa and getting this done with. I am beginning  to have this bitter taste in my mouth. 

Link to comment
Share on other sites

Marriage and i1130 seems like the best bet. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites

Filed: Timeline
On 1/19/2017 at 5:44 PM, Besamiot said:

Thanks Ben&Zian.  He overstayed 6 months.  Yes, I thought the ban will not apply in this case, since it had been 5 years since he left the United states. He says the lady interviewer said the embassy will contact him but did not specify when. I

Edited by jan22
Link to comment
Share on other sites

Filed: Timeline
14 hours ago, NuestraUnion said:

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

Sorry for the previous blank post....had a brain freeze and gave completely incorrect information, so I erased it all!

 

What I wanted to say was that the issue may not be anything to do with the ineligibility from his previous overstay.  To qualify for a student visa, you have to show your strong ties to your home country that will ensure you will depart the US after your studies and return home.  A US citizen fiance makes that a hard hurdle to get over.  

 

Plus, as others have said, his prior overstay makes any statement he makes to assure that he will live up to the requirements of this visa harder for a visa officer to accept.

Edited by jan22
Link to comment
Share on other sites

Filed: K-1 Visa Country: Nigeria
Timeline

Thanks, jan22.

I inadvertently typed f-1 when I had to type k-1. He is not coming as a student. I filed for him as a fiance. It got approved  but he didn't  get the visa because  of his overstay 5 years ago. 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Nigeria
Timeline

Thanks everybody. I am sorry about the typo that misled all of you. It's K-1 visa. I wrongly typed F-1. I guess I just have to get my mind set ready and go back to Africa and get married, then come back and file again. It makes me so sad. Anyone knows how long it takes to get a spouse here from the time one files ( if all evidence needed is included in the package)?

Link to comment
Share on other sites

Filed: Timeline
10 hours ago, Besamiot said:

Thanks everybody. I am sorry about the typo that misled all of you. It's K-1 visa. I wrongly typed F-1. I guess I just have to get my mind set ready and go back to Africa and get married, then come back and file again. It makes me so sad. Anyone knows how long it takes to get a spouse here from the time one files ( if all evidence needed is included in the package)?

Ah!  That makes a difference.

 

It is important that you see the green paper he was given, to make sure yiu know why he was refused.  Just because he was asked about the overstay doesn't mean that is why he was refused.  There may be some other ineligibility, related to the overstay or not, that would also apply to a CR-1.  

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...