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Whitney Bartley

I need help!!! B-2 overstay 2 1/2 years ago

By Whitney Bartley in K-1 Fiance(e) Visa Case Filing and Progress Reports

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TM92 Proficient

TM92   527

Posted
Filed: AOS (pnd) Country: El Salvador
 Timeline
Posted
21 minutes ago, Whitney Bartley said:

I'm thinking I got to make another trip to Jamaica to marry him since the CR1 takes less time.

IDK how easy the marriage process is in Jamaica. When the marriage process in a country (i.e. Philippines, Morocco, etc.) is cumbersome, marriage in a visa-free country (i.e. Mexico, Hong Kong, etc.) is an alternate option, https://www.passportindex.org/comparebyPassport.php?p1=us&p2=jm&fl=&s=yes

Here is some info about marriage in Mexico: https://www.mexperience.com/lifestyle/mexico-essentials/getting-married-in-mexico/

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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Boiler Grand Master

Boiler   45,564

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Generally the CR1 is the better bet.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Have you met face-to-face in the last 2 years? The K-1 is not about how long you have known each other but it’s all about having met face-to-face in the last 2 years. I assume you have been to Jamaica to see him since the overstay? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Visitor User Experienced

Visitor User   253

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

I thought the 3/10 year ban only applies if you leave USA?

 

AOS can be done in USA if the overstayer marries to a USC right regardless of how long the overstay was?

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Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
2 hours ago, Visitor User said:

I thought the 3/10 year ban only applies if you leave USA?

 

AOS can be done in USA if the overstayer marries to a USC right regardless of how long the overstay was?

The OP's fiance is in Jamaica right now---- OP stated he applied for a B2 a couple of months ago and was denied, and talked earlier in the thread about travelling to Jamaica to visit him.

 

If the fiance was still in the US, then yes what you mentioned would apply and overstay would be forgiven.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Whitney Bartley Rookie

Whitney Bartley   2

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
13 hours ago, JFH said:

Have you met face-to-face in the last 2 years? The K-1 is not about how long you have known each other but it’s all about having met face-to-face in the last 2 years. I assume you have been to Jamaica to see him since the overstay? 

Yes I was there in August. We been together on and off for 7 years. I've been to Jamacia 5 times. 

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Boiler Grand Master

Boiler   45,564

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Just now, Whitney Bartley said:

Yes I was there in August. We been together on and off for 7 years. I've been to Jamacia 5 times. 

Marry next time you visit?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

So I wonder... OP said that fiance did not enclose this previous overstay on his newest B2 application... even if it was denied, will it not count as misrep? 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
5 minutes ago, Roel said:

So I wonder... OP said that fiance did not enclose this previous overstay on his newest B2 application... even if it was denied, will it not count as misrep? 

Possibly..depends if it is deemed material or not by the CO. Since he was denied the visa anyway, it may not be. Had he been granted the visa, then it likely would be.

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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Whitney Bartley Rookie

Whitney Bartley   2

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
15 minutes ago, geowrian said:

Possibly..depends if it is deemed material or not by the CO. Since he was denied the visa anyway, it may not be. Had he been granted the visa, then it likely would be.

He actually did disclose the overystay

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, Whitney Bartley said:

He actually did disclose the overystay

Great. Then no issue.

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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