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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted (edited)

Hi y'all! I hope everyone is safe.

I lived in the U.S for almost 3 years, I was an au pair for two years and after that I changed my status to a tourist status so I could travel and stay in the U.S before returning home.

I applied to a change of status from J1 to B2 on November 2019. On August 2020 they answered my request saying my status was denied because they requested evidences and I did not answer so they considered the case abandoned.

The thing is I never received any request for evidences. And the system never showed this request as well. My only update before the denial was "name was updated" so I filled for a motion to reopen my case which is still going on and in the beginning of the year I sent a letter to USCIS to tell them I left the country and had no intention to overstay my VISA.

 

Anyway, I returned to my home country because I thought it would be better to come back and show them I never wanted to stay illegally.

My question is: if I apply for the CR1 visa, what are the chances it will be denied because of this USCIS issue?

 

I appreciate the help!

 

Edited by Amanda Vestri
Posted

The chances of your CR-1 being denied due to a previous denial of a B2 are zero.  

"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.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

How long did you overstay?

“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.”

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

I applied for the B2 to be valid from January to June and then I requested an extension from July to December. 

First request was denied on July 17, I send the motion to reopen the case on August. The extension was denied on the beginning of October and I left on November 22nd.

The motion to reopen is still going, they haven't made a decision yet.

 

  On 3/5/2021 at 2:35 PM, Boiler said:

How long did you overstay?

Expand  

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like you have a 3 year ban and even with extended CR1 processing times will be looking at filing a waiver.

“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.”

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
  On 3/5/2021 at 2:52 PM, Boiler said:

Sounds like you have a 3 year ban and even with extended CR1 processing times will be looking at filing a waiver.

Expand  

 

Agree to this. 

 

Shouldn't have left if you had a boyfriend by then - since you're now talking about CR-1

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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