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RosayALEX

K1 Visa overstay in USA fiance

By RosayALEX in K-1 Fiance(e) Visa Process & Procedures

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debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

if he was issued a ban, he will have to wait until the ban expires to be able to come back, meaning, the k1 can not be applied for (and issued) until that point. i guess you could apply but it would be a waste of money.

 

pretty sure thats how that works.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Crazy Cat Grand Master

Crazy Cat   41,886

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
20 hours ago, RosayALEX said:

My fiancé overstay for 3 month in USA, he left the country voluntary but when he tried to re enter they cancel his visa for 5 year .

After having read through this thread, it is my humble opinion that this was an expedited removal (which automatically carries a 5 year bar from entering the US).  If so, then you have 2 options:  Either wait out the 5 year bar......or submit an I-212 wavier now and wait for approval.

 

"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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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 hours ago, debbiedoo said:

if he was issued a ban, he will have to wait until the ban expires to be able to come back, meaning, the k1 can not be applied for (and issued) until that point. i guess you could apply but it would be a waste of money.

 

pretty sure thats how that works.

Just wondered what you thought of the other replies that stated otherwise?

“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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debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
20 hours ago, Boiler said:

Just wondered what you thought of the other replies that stated otherwise?

i thought a ban was a ban and couldnt be waived. am i wrong? (wouldnt be the first time haha)

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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geowrian Grand Master

geowrian   22,337

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

i thought a ban was a ban and couldnt be waived. am i wrong? (wouldnt be the first time haha)

Depends if the underlying inadmissibility is waivable or not. Few aren't (false claim to US citizenship, trafficking, etc.).

There would be no point in waivers if they weren't able to waive anything. ;)

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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debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
4 minutes ago, geowrian said:

Depends if the underlying inadmissibility is waivable or not. Few aren't (false claim to US citizenship, trafficking, etc.).

There would be no point in waivers if they weren't able to waive anything. ;)

gotcha. i thought a ban for overstay was lumped in that group

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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RosayALEX Rookie

RosayALEX   4

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

Since his overstay  was less than 180 days they are more flexible and did not have any crime or problem. The ban can be dismissed 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
37 minutes ago, RosayALEX said:

Since his overstay  was less than 180 days they are more flexible and did not have any crime or problem. The ban can be dismissed 

The ban is not for the overstay. As noted, there is no ban for under 180 days overstay.

The ban is for what appears to be an expedited removal when they tried to enter again using the automatically canceled visa.

The alternative was that only the application for admission was denied, in which there is no ban at all. IMO, it sounds like an expedited removal, not just a denial of application for admission.

Edited by geowrian

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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RosayALEX Rookie

RosayALEX   4

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

My main concern is if I need to fill the 212 forms I 601 form ? or need to wait after interview and see what their decision is ? 

 

Thank you for all for your input 

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Crazy Cat Grand Master

Crazy Cat   41,886

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
5 minutes ago, RosayALEX said:

My main concern is if I need to fill the 212 forms I 601 form ? or need to wait after interview and see what their decision is ? 

 

Thank you for all for your input 

If this was an expedited removal (which sounds very likely), it would be prudent to submit an I-212  waiver form now.  An I-601 form would come later after the interview.

"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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Boiler Grand Master

Boiler   45,525

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

I can see everything for no waiver to both 601 and 212.

“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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