from when is overstayed time callculated

[StraightForward 2]

 

5 minutes ago, NancyNguyen said:

Lawyer won't be helpful with tourist visa, FYI

Main problem here is banning them for 10 years and applicant must first make sure that she is not banned from entering at all. Maybe in future she decides to apply for an immigrant visa and this things is in her record? She must clear it now for future problems.

[Natasha vaitl 2]

5 hours ago, NancyNguyen said:

So you are that naive to think they will approve you another nonimmigrant visa after the ban is over?

No need to get rude my dear im sure I'm not the first person who made some stupid dessisions when they where less experienced. I understand I did wrong I take the punishment without question . Life throws curve balls and now I'm just trying to find the best solution for my problem 

[Natasha vaitl 2]

We will have to.meetbin Canada till we are ready to take the next step. 

Just need to know if I should try and change the ban now or if it's OK to leave until we want to apply for k1.

[StraightForward 2]

13 minutes ago, Natasha vaitl said:

We will have to.meetbin Canada till we are ready to take the next step. 

Just need to know if I should try and change the ban now or if it's OK to leave until we want to apply for k1.

you should consult an expert on these issues. I think you should clear it now or you can also wait until your interview for k1. You should also request copy of your i94. Only i94 can clear all doubts. If i94 says you had only 90 days allowed you are definitely banned for 10 years. If you get a copy of your i94, you can send it to embassy and explain them your situation. They may still not give you tourist visa but your ban should clear from their system. I hope every thing goes well for you. Good luck.

Edited March 21, 2017 by StraightForward

[StraightForward 2]

Sorry for 90 days confusion

you are definitely banned only for 3 years. 

[Unlockable 7,315]

1 hour ago, Natasha vaitl said:

We will have to.meetbin Canada till we are ready to take the next step. 

Just need to know if I should try and change the ban now or if it's OK to leave until we want to apply for k1.

Regardless of a 3 or 10 year ban and even if you are successful in changing the ban to 3 years the collective consensus here is that your chances of getting another tourist visa is very slim.

[Penguin_ie 5,994]

If you do decide to challenge now, wait at least until your 3 year is up. Even with an extremely friendly CO, you would have been denied at that first interview because the 3 year ban was not up yet.

[Natasha vaitl 2]

I checked the i-94 site and it is those dates that I mentioned so it should be a 3 year ban . I emailed them they said I'd have to reaply but now all I want is the ban changed. But they said I have to reapply .But I no longer want to apply for the visa as I know I won't get it . ?? What now 

[Unlockable 7,315]

As already mentioned, you options are....

 

• Marriage based visa (K1 or CR1). If you are not ready for marriage then your choices are limited.
• You and your BF live together in a country where you both can legally enter. (You mentioned he once lived with you in your country)
• Continue LDR with him visiting you.
• Wait out the ban (request adjustment to 3 year), apply for another nonimmigrant visa (visitor, student, etc), and pray for a miracle approval. (A long shot but you still can apply and see)

[Natasha vaitl 2]

1 hour ago, NuestraUnion said:

As already mentioned, you options are....

 

• Marriage based visa (K1 or CR1). If you are not ready for marriage then your choices are limited.
• You and your BF live together in a country where you both can legally enter. (You mentioned he once lived with you in your country)
• Continue LDR with him visiting you.
• Wait out the ban (request adjustment to 3 year), apply for another nonimmigrant visa (visitor, student, etc), and pray for a miracle approval. (A long shot but you still can apply and see)

 

 

yeah, we were living together in Dubai. then he had to return to us because of family matters and because of some issues here in Dubai, he won't be able to return here anymore. so we will just have to meet up in a country we both can enter for now.  we don't really want to be forced to get married because of something like this. just good to know that i have proof that ban should only be 3 years and not 10. maybe its because i brought my British passport to the consulate when my last entry and exit from the us are in my german passport.

i thought they were linked in their system somehow but i guess not

Edited March 21, 2017 by Natasha vaitl

[MacUK 983]

OP, just to clarify something.

You said a few posts back that you think the CO may have been going by the date of a previous I-94, but that you had left and re-entered.

How long had your previous stay been, where did you go when you left and how soon after leaving did you re-enter?

[Natasha vaitl 2]

 

1 minute ago, MacUK said:

OP, just to clarify something.

You said a few posts back that you think the CO may have been going by the date of a previous I-94, but that you had left and re-entered.

How long had your previous stay been, where did you go when you left and how soon after leaving did you re-enter?

 

i was visiting family at the time so i stayed my 90 days then exited for a month went to germany and then returned

[MacUK 983]

1 minute ago, Natasha vaitl said:

 

i was visiting family at the time so i stayed my 90 days then exited for a month went to germany and then returned

OK then, the thought that crossed my mind wouldn't have been an issue then.

If you'd said you went to say Canada or Mexico for a couple of days and then re-entered then the CO may indeed have been going by the original I-94. 

But that's not what happened.

[KierenHby 899]

OP entered the US on an ESTA with a UK or German passport with a 90-day allowance, so a 3-yr ban applies.  Sounds like bf has run-ins with the legal system in dubai. Problems galore. 

[Natasha vaitl 2]

dubai systems are all messed up ...