Planning to file for K-1

[Lilith79 0]

Hi all and thank you in advance for all the help and the support I know I'll get from this awesome comunity!

I got back from the U.S. about 3 weeks ago. I'm from Italy and I lived in the U.S. for 8 months and 10 days under an A-2 visa (diplomatic, non paid intern).

I was living with my boyfriend (we have been together for almost 9 months now) that I met the second day I was in the U.S.

We are planning to file for a K-1 visa, but we are scared of a couple of issues we could have.

First of all he has been convicted and incarcerated for 4 months years ago (I think 6). It was a minor crime, neither of those listed on the I-129F, but we are wondering if he needs to declare it somewhere.

Plus, I kinda overstayed my visa. I'm saying "kinda" 'cause I had the D/S (Duration of Status) on my I-94 and I was "covered" from my bosses (meaning that I have a letter from them saying I was an intern till the end of August, when I was just going in every now and then) that are eager to declare that I was still an intern if someone asked. Supposedly my program was ending at the end of May and I had the right to stay for another month (grace period). I "overstayed" 2 months and 20 days but I don't see how they can find this out.

Any advices? I was wondering if I should try to be honest and declare it or if, since my very peculiar situation (they say diplomatic status is privileged...We called the DOS while I was overthere and they said I could stay till I was an intern, but didn't say what I had to do to prove I was in status.) I should maybe pretend everything is regular.

Thank you for reading all my story

I'll appreciate any help.

Edited October 14, 2007 by Lilith79

[motu 6]

Try consultation with an immigration attorney as both of you seem to have issues that could be troublesome. In my opinion its better to know from a professional what to do or not to do. In any case you must tell the truth about your situation if and when asked so perhaps he doesn't have to divulge his part but you will have to when you get the packet3 and 4. In any case they know when you came here and how long you stayed and whether you overstayed or not(unless you sneak across the borders). Good Luck

[~Laura and Nick~ 5]

I "overstayed" 2 months and 20 days but I don't see how they can find this out.

Believe me, they know.

Be truthful and honest when asked questions about previous criminal records and overstaying.

Best of luck!

[Lilith79 0]

I "overstayed" 2 months and 20 days but I don't see how they can find this out.

Believe me, they know.

Be truthful and honest when asked questions about previous criminal records and overstaying.

Best of luck!

Thank you for your help!

Btw, I really don't understand how they would know. I read on another forum that, unless there is a serious inspection on your case, the out of status is very hard to be proved in cases like mine. What I am trying to say is that according to the Department of State my visa allowed me to stay as long as I was working at the Consulate, but there is no official record of when I started my internship and when it was supposed to end. It's like it was up to my government to decide how long I could stay and serve for them. My boss said it wasn't certainly an issue for the U.S. government.

Anyway, if I said the truth, would that be critical for a potential denial of my K-1 visa?

[pushbrk 12,898]

I "overstayed" 2 months and 20 days but I don't see how they can find this out.

Believe me, they know.

Be truthful and honest when asked questions about previous criminal records and overstaying.

Best of luck!

Thank you for your help!

Btw, I really don't understand how they would know. I read on another forum that, unless there is a serious inspection on your case, the out of status is very hard to be proved in cases like mine. What I am trying to say is that according to the Department of State my visa allowed me to stay as long as I was working at the Consulate, but there is no official record of when I started my internship and when it was supposed to end. It's like it was up to my government to decide how long I could stay and serve for them. My boss said it wasn't certainly an issue for the U.S. government.

Anyway, if I said the truth, would that be critical for a potential denial of my K-1 visa?

The facts of you granted stay as well as entry and exit dates are on the record. Just be truthful. An overstay of less than 180 days doesn't incur any entry ban but lying does. I second the motion you get professional advice before filing any petitions.

Please get the notion out of your head that it could be better for you to tell something other than the truth.