Jump to content

2,704 posts in this topic

Recommended Posts

Filed: Lift. Cond. (pnd) Country: Japan
Timeline
1 hour ago, Brittani said:

They’re letting him in but they made him sign a waiver stating he would not come back until the k1 is in his hand. They told him he got very lucky because they were close to throwing him in jail, charging him, and sending him back ASAP. But because we’ve never been told you’re not allowed to stay in the US more than your home country (mind you we really haven’t we just thought as long as he doesn’t overstay 90 days all is good) and talking to me they let him go. Just be very careful about it guys. Thank you for all the encouraging words. I am somewhat lifted. He has missed his flight but is on standby.

First of all I am so sorry you guys had tho through this panic.

 

unfortunately esta and most visa waivers have that rule... but I only know it because I travel too much, it is not that surprising you guys didn't know.

 

please enjoy your time :) 

 

 

 for anyone planning to travel:

Even if you get rejected at the port of entry because of not having ties (that does not affect your k1. It just shows immigrant intent ... and well in the end k1 is for that specifically so it is not going to be a problem. 

Edited by Naes
Link to comment
Share on other sites

1 minute ago, Naes said:

First of all I am so sorry you guys had tho through this panic.

 

unfortunately esta and most visa waivers have that rule... but I only know it because I travel too much, it is not that surprising you guys didn't know.

 

please enjoy your time :) 

 

 

 for anyone planning to travel:

Even if you get rejected at the port of entry because of not having ties (that does not affect your k1. It just shows immigrant intent ... and well in the end k1 is for that specifically so it is not going to be a problem. 

It made sense after he explained that to me. Just I would have thought all the times he’s came before at least one immigration officer would have told him that. They always told him enjoy his stay. 

 

Do you think theyre going to look at how long he stayed last year and take that into consideration? Is that grounds for denial or only if he’s charged?

Link to comment
Share on other sites

Filed: Lift. Cond. (pnd) Country: Japan
Timeline
3 minutes ago, Brittani said:

It made sense after he explained that to me. Just I would have thought all the times he’s came before at least one immigration officer would have told him that. They always told him enjoy his stay. 

 

Do you think theyre going to look at how long he stayed last year and take that into consideration? Is that grounds for denial or only if he’s charged?

No. Unless he overstays ever (and if he did up till this point they wouldn't let him in. By the way even if they rejected him entry and he went back home it wouldn't affect the visa.

 

i can't remember if esta had an overall limit (it may be 180 days a year - in Europe they told me 180 days a year at least for visa) 

 

other than overstaying it won't effect k1. But what I would do is check the esta rules about times again and count how long he has been in the country so far in the past 365 days. Just to be sure.

Edited by Naes
Link to comment
Share on other sites

Filed: AOS (apr) Country: Spain
Timeline

I am really sorry that happened Brittani.  I hope he gets to you tonight and you can give him a big hug.  I would be a mess too.  But I was under the same impression as you.  If they have come legally and have not overstayed the ESTA, then there shouldn't be a problem, right?  I checked the ESTA website and there is no clear rule or number on the timing between trips.  Only that it should not be over 90 days and that  you shouldn't give the officer the impression that you are trying to live here.  Anyway, I hope he has a great trip and you two enjoy your time together.  

Link to comment
Share on other sites

1 hour ago, Doris123 said:

I am really sorry that happened Brittani.  I hope he gets to you tonight and you can give him a big hug.  I would be a mess too.  But I was under the same impression as you.  If they have come legally and have not overstayed the ESTA, then there shouldn't be a problem, right?  I checked the ESTA website and there is no clear rule or number on the timing between trips.  Only that it should not be over 90 days and that  you shouldn't give the officer the impression that you are trying to live here.  Anyway, I hope he has a great trip and you two enjoy your time together.  

Thank you.

Yeah, after I shopped around online for answers I did find it you can’t stay more than 180 days in the US within a years time. I feel like I’ve seen the 180 number before but I thought it meant you can’t stay past 180 days after you were suppose to go back. If that makes sense. I’m no expert at all. I never traveled outside the US until I met my fiancé so I’m pretty ignorant to the laws which I know is no excuse I’m just so thankful that officer took mercy on us and I’m really hoping the K1 approvals move at a rapid pace as of now because this will be my last time seeing him until he gets his K1. That’s a hard pill to swallow but a necessary one.

Link to comment
Share on other sites

And I don’t want to discourage anyone from visiting their fiancé by my story. Ours happened because he technically overstayed a few weeks last year without us realizing what we were doing. As long as you didn’t stay in the US longer than 180 days throughout the year you’re perfectly fine I would think. Best of luck to anyone visiting while waiting. That was a horrible experience for him and myself.

Link to comment
Share on other sites

Country: Brazil
Timeline
1 hour ago, Brittani said:

And I don’t want to discourage anyone from visiting their fiancé by my story. Ours happened because he technically overstayed a few weeks last year without us realizing what we were doing. As long as you didn’t stay in the US longer than 180 days throughout the year you’re perfectly fine I would think. Best of luck to anyone visiting while waiting. That was a horrible experience for him and myself.

I’m so sorry that happened to you two. I myself get anxious every time I cross the border to see my fiancé because I always think they’ll come up with a reason to deny my entry and cancel my visa.

 

Is it an option for you to go visit him in England?

J1 Waiver

  • 1/9/2018 - Packet shipped 🚚
  • 1/15/2018 - Packet delivered 📨
  • 1/16/2018 - Check cashed 💸
  • 1/30/2018 - Documents received 📨
  • 1/31/2018 - Requested embassy to send No Objection Statement 📄
  • 2/2/2018 - Embassy sent No Objection Statement to DoS ✉️
  • 2/2/2018 - No Objection Statement received 📨
  • 3/26/2018 - Favorable Recommendation 🎉
  • 4/2/2018 - USCIS Received 📨
  • 4/18/2018 - Approved 🎉

 

K1 Visa

  • 10/5/2017 - Application Received 📨
  • 10/10/2017 - NOA1 📄
  • 3/30/2018 - NOA2 🎉
  • 4/25/2018 - NVC received 📨
  • 4/26/2018 - Case number assigned, CEAC In Transit 🚚
  • 5/3/2018 - CEAC Ready
  • 6/18/2018 - Medical 💉
  • 6/19/2018 - Interview - Approved! 🎉
  • 6/20/2018 - CEAC Application Received 📨
  • 6/21/2018 - CEAC Administrative processing 💤
  • 6/21/2018 - CEAC Issued ✉️
  • 7/2/2018 - Visa in hands 🛂
  • 7/6/2018 - POE 🛬
  • 8/18/2018 - Married! 🎊

 

AOS

  • 9/7/2018 - Packet shipped 🚚
  • 9/11/2018 - NOA1 📄
  • 9/12/2018 - Check cashed 💸
  • 9/14/2018 - Biometrics Appointment Notice 📄
  • 9/17/2018 - NOA1 Hard copy 📄
  • 9/21/2018 - Biometrics Appointment Hard copy 📄
  • [Somewhere in between] RFE
  • 10/5/2018 - Biometrics Appt/Fingerprint review was complete 🛂
  • 11/20/2018 - RFE response 📤
  • 12/26/2018 - Ready to Be Scheduled for An Interview
  • 1/10/2018 - Interview Was Scheduled 📅
  • 2/4/2019 - EAD+AP approved 🎉
  • 2/9/2019 - EAD+AP combo card in the mail ✉️
  • 2/21/2019 - Interview
  • 2/21/2019 - Interview was completed and case must be reviewed 
  • 3/12/2019 - New card is being produced
  • 3/18/2019 - Card Was Picked Up By The United States Postal Service

 

Removal of Conditions

  • 3/24/2021 - Filed
  • 4/21/2021 - NOA1
  • 6/28/2021 - Biometrics
  • 9/29/2022 - Request for additional evidence
  • 10/18/2022 - RFE response sent
  • 10/26/2022 - RFE response received
  • 11/22/2022 - New card is being produced
  • 11/23/2022 - Case was approved
  • 11/25/2022 - Card Was Mailed To Me (Updated 11/28/2022)
  • 11/28/2022 - Card Was Picked Up By The United States Postal Service
  • 11/30/2022 - Card Was Delivered To Me By The Post Office
Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
6 hours ago, Brittani said:

I am thanking my lucky stars right now. I’m so relieved and still sad it even happened because he’s a great person who has never broken the law. Just hope he’s able to catch the next flight to Atlanta.

I'm glad he can stay... Very scary situation for you, I can only imagine. Unfortunately any non USC coming into the US is viewed as "guilty until proven innocent" unlike the principle we deem very important as USC's which is to be innocent until proven guilty... doesn't sit right with me, and sounds pretty darn terrible from the sounds of the few stories shared here. Well, all is well... Rest, enjoy your time and be happy! Really sounds like you guys deserve it (L)

 

 

Link to comment
Share on other sites

alright ! I kinda have situation now.

 

First of all I am sorry to hear all the stress that happened to you Britani.

 

now this concern me lot and lot ! back in 2017 I visited James every months for 7 days. That time I had my Indonesian citizenship and passport but since December 2017 I am a German citizenship with German passport, I applied for ESTA and it's easy pissy to get it.

 

James just got back to the State 3 days ago :) now we are planning to fly me to the state for his 40 Bday ( I know he is old ----ahmm I meant not old he is Vintage xD ) for like a week.

My POE will be Charlotte ( this is military flight so this is the cheapest they can get me xD )

 

need to get some advice if I would have any difficulties as I travelled too many times to the States ( I don't count my time travel to US for work ) - or should I just wait until I get my K1 visa ?

 

thank you thank you

 

ROC

- Mailed June 27,2020

- Delivered July 1, 2020

- SMS with Case Nr. SRC  and Check cashed July 8, 2020 

- NOA received July 20,2020- NOA dated July 14,2020

-Fingersprinting applied notification - Aug 10,2020

- Card being produced - Nov 2, 2020

 

 

 

Link to comment
Share on other sites

Filed: Lift. Cond. (pnd) Country: Japan
Timeline
16 minutes ago, Christy&J said:

alright ! I kinda have situation now.

 

First of all I am sorry to hear all the stress that happened to you Britani.

 

now this concern me lot and lot ! back in 2017 I visited James every months for 7 days. That time I had my Indonesian citizenship and passport but since December 2017 I am a German citizenship with German passport, I applied for ESTA and it's easy pissy to get it.

 

James just got back to the State 3 days ago :) now we are planning to fly me to the state for his 40 Bday ( I know he is old ----ahmm I meant not old he is Vintage xD ) for like a week.

My POE will be Charlotte ( this is military flight so this is the cheapest they can get me xD )

 

need to get some advice if I would have any difficulties as I travelled too many times to the States ( I don't count my time travel to US for work ) - or should I just wait until I get my K1 visa ?

 

thank you thank you

 

For traveling too many times no.

 

normally in Europe it says if you stayed for a month then stay in your country for a month. And esta is not supposed to have this, but still it is important to be careful about this as we saw this case today.

 

i would count how many days you traveled (including work unfortunately) in the past 365 days and be careful about the total including this travel not to get close to 180.

 

personal statement_ they say vintage is good like wine. I myself like fresh but they also say American man ages better so expecting a good Cabernet from my men in 20 years.

Edited by Naes
Link to comment
Share on other sites

7 hours ago, Brittani said:

They’re letting him in but they made him sign a waiver stating he would not come back until the k1 is in his hand. They told him he got very lucky because they were close to throwing him in jail, charging him, and sending him back ASAP. But because we’ve never been told you’re not allowed to stay in the US more than your home country (mind you we really haven’t we just thought as long as he doesn’t overstay 90 days all is good) and talking to me they let him go. Just be very careful about it guys. Thank you for all the encouraging words. I am somewhat lifted. He has missed his flight but is on standby.

Omg fantastic!! So relieved for you both, hope the rest of his journey is smooth xx

K1 Fiance Visa Journey 💍 - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star: - From sending I-485 to 2 year conditional Green card in hand = 152 days📅

Spoiler

6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS (I-485) changed to 'Response to USCIS' Request for Evidence was received':thumbs:
20-Mar-2019 - USCIS online case status for AOS (I-485) changed to "Case is Ready to be scheduled an Interview" 

26-Mar-2019 - USCIS online case status for AOS (I-485) changed to "Interview was Scheduled"

30-Mar-2019 - Letter with interview date received in the mail!!!!!!! :D

30-Apr-2019 - AOS Interview!  :star: - APPROVED!!!!!!!!!!!!!! :D
30-Apr-2019 - USCIS online case status for AOS (I-485) changed to "New Card is being produced" 
03-May-2019 - AOS (I-485) Approval notice letter received in the mail
03-May-2019 - USCIS online case status for AOS (I-485) changed to "Card was mailed to Me"

07-May-2019 - 2 year conditional Green card in hand! :dance:

 

 

Removal of Conditions Journey  - From sending I-751 to 10 year Green card in hand = 

16th-Feb-2021 - I-751 packet sent to Phoenix, AZ lockbox

22nd-Feb-2021 - I-751 packet received in Phoenix, AZ lockbox

Link to comment
Share on other sites

Filed: K-1 Visa Country: Nigeria
Timeline
16 hours ago, Brittani said:

 

The officer just called me. He said because he’s stayed so much over here in the last year that that could be considered living here illegally. He’s never over stayed the 90 days. I’m heartbroken and shattered right now. They’re going to let me know sometime tonight whether he will even get to stay this time and he said he is not to come back until he has his k1 visa. I’ve never felt so sick. Just hoping they at least let him stay right now. I don’t want him leaving like this.

I'm really sad to read about this. Why would they treat him that way. For Gosh sake, he's processing k-1 and wouldn't do any sneaky things coz of that. 😔

 

Don't worry Brittani. He will be fine and soon, you two will be together.

 

My prayer goes to you.🙏

Please, stay Strong!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline

I would never have thought
It may happen that my beloved will live in another country.
It was the will of fate that we again introduced this type of visa.
A year ago it was much faster. Before the approval of -3 months.

The most unpleasant thing happened that when I returned home to Russia, all the relatives began to disagree and say that I was a fool.


I want to do the same

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline
10 hours ago, Christy&J said:

My POE will be Charlotte ( this is military flight so this is the cheapest they can get me xD )

 

need to get some advice if I would have any difficulties as I travelled too many times to the States ( I don't count my time travel to US for work ) - or should I just wait until I get my K1 visa ?

 

thank you thank you

 

 I'm in Charlotte! Love it here :) Awesome POE!

 

I don't think you'll have trouble for traveling too often as long as you have strong ties to your home country. That really seems to be the issue in a lot of cases that get turned away. No job, living with parents, not attending university, no lease/mortgage, etc. I think if you have solid reasons for returning home and you have a round trip ticket booked for a reasonable "visit",  MOST officers won't give you any trouble and your trip will go off without a hitch. 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- 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...