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Divine1nfection

General enquiry about my personal case regarding k1 visa

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Okay this is very long and complicated but I need some advice in 2015 I went to America on the vwp as I’m from the United Kingdom. I was in a relationship at the time and when I got there to visit him and sight see it all changed the relationship was mental physical and sexually abusive and It caused me to overstay my 90 days I couldnt leave I couldn’t contact Home as they would turn off the wifi and block me from connecting I ended up contacting my mother and she got the money for a flight and through extreme hardships I left. Now the predicament I’m in is I’m now in a different healthy relationship with my new boyfriend who is from the USA also now we have been together for 2 years now and. Have spent time together in my own country we are now engaged and we are now have a problem of me ever joining him over there I’m aware that I wouldn’t be able to go back to the US on the vwp or on any other travel visa but as we are engaged would I be able to get a k1 Visa it’s a legit relationship with photos and all sorts to prove that but I wanted to know would I be able to apply and even get the visa or would I be denied I would like to know as I don’t want one horrible mistake to effect my chance of a future with my soul mate any help any info and any advice would be greatly appreciated. I had no problems leaving the us when I did leave and I haven’t tried going back since I also heard that there is a 180 days after the 90 day and i did not stay over the 180 days 

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Assuming the above is correct and you did not overstay by 180 or more days, then you should be fine to apply for a K-1 without having to do an I-601 hardship waiver due to the overstay.

Overstay starts from the period after your legal status expired, which is 90 days on the VWP.

 

Note that the CO may ask about the overstay. Just answer truthfully and honestly. The specific circumstance here regarding abuse may result in some additional questions (or not), but - again - just answer truthfully.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Taiwan
Timeline

Punctuation is your friend. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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