Second time in USA K1

[doggieandsam 765]

but wait, so any day past the I-94 and before NOA1 is considered an overstay but it is waived during the AOS process / approval. but since OP has abandoned his GC (although informally) and exited, will it therefore be that his overstay (11 months) would have incurred a 3 year ban? which of course can be overcome by  waiver, but still if they need to do a waiver in this case then it would be good to know. or is it that once you get a GC then any previous overstays on your record are erased?

[NigeriaorBust 4,087]

  His overstay was forgiven when the AOS was approved but because of the overstay the access to VWP is gone forever.   He would need to get a visitors visa which probably won't happen.

[TNJ17 1,329]

If you’re not a US citizen you can’t file for either K1 or CR1. Only US citizens can sponsor fiancé and spouses on those visas. You need to see what your immigration status is and then figure out which route to take. 

[Going through 5,671]

7 minutes ago, TNJ17 said:

If you’re not a US citizen you can’t file for either K1 or CR1. Only US citizens can sponsor fiancé and spouses on those visas. You need to see what your immigration status is and then figure out which route to take. 

 Most likely abandoned his LPR status from leaving the country for over a year now, I'm thinking.  He did confirm later on in the thread that his USC fiance would be sponsoring him , not the other way around, guess starting from Square One all over again.

 

 

[Gizzy66 0]

5 minutes ago, Going through said:

 Most likely abandoned his LPR status from leaving the country for over a year now, I'm thinking.  He did confirm later on in the thread that his USC fiance would be sponsoring him , not the other way around, guess starting from Square One all over again.

 

 

Yes I would be starting from square one again. With the above comments would I have to turn my old GC in at the embassy? Would I be able to use the vwp again to visit while I wait? Would they also consider I have a child in the USA? I appreciate I'm asking a lot of questions and thank you for your help.

[Crazy Cat 42,620]

3 minutes ago, Gizzy66 said:

Would I be able to use the vwp again to visit while I wait?

No.  That privilege was lost forever when you overstayed in the US......your only hope (and extremely remote) would be a B2.

5 minutes ago, Gizzy66 said:

Would they also consider I have a child in the USA?

No

[Going through 5,671]

10 minutes ago, Gizzy66 said:

With the above comments would I have to turn my old GC in at the embassy?

It's a good way of "cleaning up the corners" considering you would be starting a new immigration journey.  Not a requirement to do so, though, considering you're already out of status for a year now and already back home.

 

11 minutes ago, Gizzy66 said:

Would I be able to use the vwp again to visit while I wait?

ESTA is gone forever---try a B visa, but the likelihood of getting one is lowered considering your past immigrant intent coupled with your current immigrant intent after the K1/CR1 filing.

 

12 minutes ago, Gizzy66 said:

 Would they also consider I have a child in the USA?

That just means all your parts are in working order.  Means nothing immigration-wise for your situation.

[Gizzy66 0]

20 minutes ago, Going through said:

It's a good way of "cleaning up the corners" considering you would be starting a new immigration journey.  Not a requirement to do so, though, considering you're already out of status for a year now and already back home.

 

ESTA is gone forever---try a B visa, but the likelihood of getting one is lowered considering your past immigrant intent coupled with your current immigrant intent after the K1/CR1 filing.

 

That just means all your parts are in working order.  Means nothing immigration-wise for your situation.

Great. Thank you for your responses 😁 the k-1 etc isn't filed yet would anb1 be easier to get prior to filing k-1/CR-1?

[Going through 5,671]

31 minutes ago, Gizzy66 said:

Great. Thank you for your responses 😁 the k-1 etc isn't filed yet would anb1 be easier to get prior to filing k-1/CR-1?

A B1 is never easy to get when you have showed immigrant intent in the past.  CO will automatically presume you will just overstay and adjust status within the US again.

[Gizzy66 0]

8 minutes ago, Going through said:

A B1 is never easy to get when you have showed immigrant intent in the past.  CO will automatically presume you will just overstay and adjust status within the US again.

Understood. I'll still apply as it's been over a year since I've seen my son and I miss him dearly. I will inform them of the impending CR-1/K-1 as I believe honesty is the best policy but your advice is duly noted

[Gizzy66 0]

On 29/03/2018 at 1:54 PM, Going through said:

It shouldn't affect the K1.  If the OP had a conditional green card and essentially abandoned that before ROC took place, it won't affect the re-entry if (presumably) the K1 is approved.  

 

I believe (from my understanding of the law and the info the OP provided), that if he hadn't left the country after not going through the ROC, then yes he would have incurred overstay since then he wouldn't have been in legal status....but sounds like he left soon after his ex-wife (supposedly) received notice on his behalf before ROC took place?

 

@Gizzy66 did you have a 2-year conditional green card, or the 10-year green card?

 

Sorry for the late reply. I had a two year conditional GC.

 

I have one other question. Does my fiance have to visit me before she submits the paperwork? She said it would probably help with it all. I don't mind either way, she is coming 100% as she really wants to meet my family. Would there be any benefits in waiting till after the visit before filing the paperwork.

[Going through 5,671]

4 hours ago, Gizzy66 said:

Sorry for the late reply. I had a two year conditional GC.

 

I have one other question. Does my fiance have to visit me before she submits the paperwork? She said it would probably help with it all. I don't mind either way, she is coming 100% as she really wants to meet my family. Would there be any benefits in waiting till after the visit before filing the paperwork.

One of the requirements for the K1 is that you and your fiance must have met physically in person at least once within the past two years.  More face time than that is always beneficial of course.

[Gizzy66 0]

14 minutes ago, Going through said:

One of the requirements for the K1 is that you and your fiance must have met physically in person at least once within the past two years.  More face time than that is always beneficial of course.

We have. We used to work for the same company in the states, and would talk and meet up regularly. I get on with her kids pretty well also. Burrier them in the sand on AC beach one summer 😂😂😂

[JFH 12,191]

On 3/29/2018 at 3:53 AM, Gizzy66 said:

 As last time I just filed for AOS whilst on a VWP (I don't feel brave enough to do that route a second time

It has nothing to with bravery but everything to do with the law. You absolutely CANNOT enter on the VWP with the intention of adjusting status. Whether you had the intention or not before is moot at this stage. 

[Gizzy66 0]

1 minute ago, JFH said:

It has nothing to with bravery but everything to do with the law. You absolutely CANNOT enter on the VWP with the intention of adjusting status. Whether you had the intention or not before is moot at this stage. 

I fully understand the implications of the law. I was merely using the word brave to put a bit of a light-hearted spin on it.

My prior intentions were just a visit and I shall never use the vwp for an AOS again. It's not the correct way if doing things and i would like the correct way to be done. This is why I was asking g about the K-1/CR-1

 

Thanks for your input however.