I129F what should I do. And how long does it take to hear back.

[JMC2018 0]

Hello I submitted a I129F package recently to try and receive a K1 for my fiance. On my how we met story I mention my fiance living in California which at the time she lived here illegally. I didn't put anything about it on the form because I didn't think it applied but now I realise that was probably a mistake. So how will this effect us getting approved, is there anything I can do? Also how long should I expect to wait until we hear back?

[geowrian 22,337]

The only issue for the I-129F would be if she was in the US at the time you filed but you didn't note it in the relevant section. Otherwise, it won't have any bearing on the I-129F.

 

How long was she illegally in the US (over age 18)? If it was 180 days or longer, she will have at least a 3 year bar starting from the date of her exit. This can be waived via an I-601 after the interview if it is determined that she is otherwise eligible for the visa. This hardship waiver currently has a processing timeline of a little over a year.

 

Current processing timeline is about 6-8 months for the I-129F. Timelines may change by the time your case is processed. The expect about a month from approval to NVC to embassy, then 1-3 months at the embassy, depending on embassy. Overall, expect ~8-12 months from initial filing to interview, barring any issues.

[JMC2018 0]

Ok my fiance was not in the US when it was submitted so this should not mean an automatic denial because that would suck just waiting and already knowing the outcome. 

 

[Jojo92122 1,924]

I don't believe there is any place on the I-129f to disclose that your fiancee was living in the US.  Her lack of status and you not disclosing it is not a problem for the I-129f.

 

On the DS-160 and at the interview, she will need to disclose her time in the US.  She may be subject to a ban depending on how old she was when she left.  How old was she when she left the US?

 

You should get the NOA1 (receipt for your petition) in about 2-4 weeks after filing.  If everything is correct and you do not get an RFE, you are looking at 6-8 months to continue the process.

[JMC2018 0]

She was an adult. She was 27 but how long is the ban if she has already been gone for 2 years.

[geowrian 22,337]

2 minutes ago, JMC2018 said:

She was an adult. She was 27 but how long is the ban if she has already been gone for 2 years.

How long did she overstay?

It's 3 years for 180 days to 1 year.

It's 10 years for 1 year or longer.

[Jojo92122 1,924]

1 hour ago, JMC2018 said:

She was an adult. She was 27 but how long is the ban if she has already been gone for 2 years.

What visa did she use to enter the US?

 

How long was she in the US?

[JMC2018 0]

A Canadian Visa and it was less than 6 months.

[geowrian 22,337]

Under 180 days is no bar. It reflects poorly on her being admitted as a tourist again, but won't require a waiver or impact the K-1.

Edited June 24, 2018 by geowrian

[Jojo92122 1,924]

1 minute ago, JMC2018 said:

A Canadian Visa and it was less than 6 months.

The US does not issue Canadian visas.  Do you mean that she's Canadian and she entered visa free?  

 

How was she "living" here illegally if she was here for less than 6 months?  Canadians usually get 6 months visa free entry into the US.

[JMC2018 0]

She is Australian and had a Canadian Visa. Is that ok as long as it was less than 6 months.

 

[Jojo92122 1,924]

1 minute ago, JMC2018 said:

She is Australian and had a Canadian Visa. Is that ok as long as it was less than 6 months.

 

The Canadian Visa has nothing to do with this.  Australians do not use Canadian visas to enter the US.

 

Did she use ESTA/VWP to enter the US?  Did she exceed her 90 days on the VWP?

 

WHY DO YOU BELIEVE SHE WAS LIVING HERE ILLEGALLY?????????????

 

How long was she here, can you be specific?  Less than 6 months is being vague.  This is like slowly pulling information out of you because you want to hide certain facts.  If you want good help, then provide us with good information.

[EmmNM 179]

10 minutes ago, Jojo92122 said:

The Canadian Visa has nothing to do with this.  Australians do not use Canadian visas to enter the US.

 

Did she use ESTA/VWP to enter the US?  Did she exceed her 90 days on the VWP?

 

WHY DO YOU BELIEVE SHE WAS LIVING HERE ILLEGALLY?????????????

 

How long was she here, can you be specific?  Less than 6 months is being vague.  This is like slowly pulling information out of you because you want to hide certain facts.  If you want good help, then provide us with good information.

Exactly 

[canadian_wife 1,822]

So many people here want to help you.  Please tell the whole story with dates and you will get the information you desire MUCH quicker.

Good luck 

[JMC2018 0]

All that stuff isn't the thing I'm worried about. I wrote she lived in the US but really she just stayed here for a short period of time. Now idk if I should call in and have that changed because since I said that idk if she will need a police report.