Inadmissibility question

[Boiler 45,445]

That would require you having committed fraud and/or misrepresentation.

 

You only mentioned a possible overstay

[Mike E 11,739]

Just now, Mason_Stellar said:

because of the nature of this case, is it possible that the immigration officer could throw a fraud or misrepresentation charge on us? is this winnable and can we unite in the us again?

 

Did the couple know each other before alien applied for an F-1 visa?

[Mason_Stellar 2]

i meant beacuse this case seems complicated could they find a reason to deny us. Only cited fraud or misrep. as an example.

[Mason_Stellar 2]

no the alien did not know the USC before he got the f1 visa

 

[Crazy Cat 41,810]

17 minutes ago, Mason_Stellar said:

because of the nature of this case, is it possible that the immigration officer could throw a fraud or misrepresentation charge on us? is this winnable and can we unite in the us again?

For what?  Your biggest issue at the moment is a possible 10 year ban....which can be waivered.

Edited January 16, 2023 by Crazy Cat

[Mike E 11,739]

12 minutes ago, Mason_Stellar said:

no the alien did not know the USC before he got the f1 visa

 

Not seeing a case for fraud (so far, but sometimes when these threads run long enough, it comes out).  
 

Plan of action:

 

* apply for  a Utah  marriage license tomorrow (today is a holiday)

* get married this week or next 

* meet up in person 

* file I-130

* consult with lawyer as to whether there is a ban or not and for how long. If a 3 year ban or no ban, no issue. If a 10 year ban the lawyer files the waiver when appropriate. 

[Mason_Stellar 2]

thanks for the run down

[Pressna 0]

May I ask for a progress update on your case? Thanks

[Mason_Stellar 2]

is there a way to forgive past overstay with a waiver if applying for any non immigrant visa?

[appleblossom 2,438]

How long was the overstay and what visa/status did you overstay?

 

Edit: I see this has been answered and answered before, have another read of your previous threads. Good luck.

Edited June 15, 2023 by appleblossom

[Mason_Stellar 2]

the overstay was a little less than 7 months and the visa type was a student f1 visa.  is it true that f1 students dont accrue unlawful presence untill a formal finding has been made?

[Rocio0010 5,579]

Did you even read the replies to your previous post?

 

[appleblossom 2,438]

2 hours ago, Mason_Stellar said:

the overstay was a little less than 7 months and the visa type was a student f1 visa.  is it true that f1 students dont accrue unlawful presence untill a formal finding has been made?

You've previously said the overstay was over a year. So which is it? You need to be really precise as there's a big difference between a 7 month overstay and an overstay of over a year.

 

[Mason_Stellar 2]

 i am still not sure how long the overstay was. i will have to talk to a lawyer about this. Still confused about how unlawful presence is counted for f1 visa.  

 

but my question in this post was is there was a waiver available, with which i could apply to get a non immigrant visa to see my partner in the US?

 

sorry if my content in this thread sounds redundant or the question sounds silly. i have been reading about different types of waivers and so i though i would ask people who might know a thing or two about that   

Edited June 15, 2023 by Mason_Stellar

[Crazy Cat 41,810]

15 minutes ago, Mason_Stellar said:

 i am still not sure how long the overstay was. i will have to talk to a lawyer about this. Still confused about how unlawful presence is counted for f1 visa.  

 

but my question in this post was is there was a waiver available, with which i could apply to get a non immigrant visa to see my partner in the US?

 

sorry if my content in this thread sounds redundant or the question sounds silly. i have been reading about different types of waivers and so i though i would ask people who might know a thing or two about that   

Step 1 is to determine if you have an overstay.  If you have an entry ban, I think a waiver would be available if applying for K or V non-immigrant visas only.  I am no expert in that area, but I haven't found waivers available for other NIVs so far.   I'll keep looking.

Edited June 15, 2023 by Crazy Cat