Applied for K1 Visa but worried about 1 thing

[SkruDe 311]

Hello,

I just signed up for the site, even though I've been using it as a information reference point for months.  Ever since got engaged to my Colombian fiance 4 months ago.

 

My fiance lives in Colombia, and even though nothing has directly targeted that country (outside of a refugee ban), I can already see in the timeline charts provided by Visa Journey a big delay in NOA2 starting to form due to the uncertainty and lack of information the USCIS must have with their job scope and how to perform it moving forward.  The time for approvals has been jumping higher and higher.  We are definitely saddened by the fact the process will most certainly be extended and delayed even more now due to Trumps executive orders.  We received our NOA1 on January 11th.

 

Anyways, my fiance when she was between the ages of 4 and 12, used to live in the USA with her father.  She entered legally on a B-2 Visa (that's what the stamp in her passport says) and even has a SS number.  Her father was to marry a US citizen.  That is why they came to the USA.

 

Eventually her father had to go back to Colombia because the fiance of the father, the US citizen women he was to marry, backed out of the entire process, leaving them stranded in the USA.  So, as a child, she returned to Colombia with her father when she was 12 years old.  She is 21 now.  We are just scared about that time in the USA and how it may be looked at now by the government.  Her father more than likely overstayed the fiance VISA he had, so does that mean SHE also overstayed?  If the government views her as an illegal stay when she was a child, then is she banned from entering the USA?

 

I'm obviously worried and scared out of my mind that she will be OR is banned from the USA?  I read something about a 3 and 10 year rule.  If someone overstayed their visa for over a year they get a 10 year ban.  If it ends up that is the case, then she's only been outside the USA for 9 years.  She'd have to wait another year and file all over again next year? 

 

I'm just so confused and worried, and thinking a lot, etc....  Poor girl was a child, had no intent or choice to do anything that would be considered an illegal stay.  She came with her father.  And to be punished for it....    It makes me sad.

[Transborderwife 4,666]

She returned as a child, she's fine

[Ben&Zian 4,398]

As above, she is fine.

 

The ban for overstay starts accruing once someone is 18. 

 

So from 18th birthday, over 180 days is 3 year ban. Over 365 days is 10 year ban.

 

If she left, as you said, before she was 18, she has no ban.

[wheresmykoala 52]

3 hours ago, SkruDe said:

Poor girl was a child, had no intent or choice to do anything that would be considered an illegal stay.  She came with her father.  And to be punished for it....    It makes me sad.

Basically as everyone else has mentioned, and what you've proven in the quote above, is that she'll be fine  Sure, her father could possibly have trouble re-entering someday if he tries to get a visa (if he overstayed), but the government isn't going to look at someone who was a minor at the time and punish them for the adults actions that they were with. That's why a lot of bills have been brought up over time here in reference to undocumented minors, such as helping them avoid deportation or helping them become lawful residents, because the kids don't really have any say in what they can or can't do, and also don't understand the scope a situation they may be in because of their parents. 

 

Good luck on your journey  

[SkruDe 311]

Thank you guys for the replies and great news!  What a burden off my mind. 

 

She's been back in Colombia since 12 years old (21 now). She was in the States between 4-12 years old. 

So, hopefully the background checks will show that and we don't get an RFE or something requesting proof she returned at 12 years old. 

[SkruDe 311]

I have another question/concern.

 

I've been reading a lot about the interview.  And my fiance and I know each other very well, we believe there is no question they could ask that could be cause for concern.  But...  I read that the embassies like to take 4 months of MY checking account statements?  I would like to know the reason why? 

 

It is a concern to me because my bank account statements will show I consistently drop very low in money.  Reason being... I go visit my fiance in Colombia once a month and that is VERY expensive!  Airfare, Hotels, Restuarants all add up quickly!  So I use all my money and then some to pay on everything.  But it's all on credit card because I like getting rewards .  I make $50,000+ a year so I don't believe my income will be a problem but it looks like I have very little money in my bank because I'm constantly using all of it.  So, I'm just wondering what exactly are they looking for with my bank statements???

 

I have money in stocks in a broker account.  Do I need to let that sit in my checking account for a couple months to prove I have money or something?