Unlawfull presença before k1?

[astraltraveler 0]

Hello everyone!

My fiance and i applied for the k1 on march and, on May we got our NOA2. Now we are gathering docs for the interview and i got to the question on the DS160 that asks about unlawfull presence in usa. Id like to know ur opinion about how to answr this. This is my case: i went to usa in 2008 for a studeg visa that i used til 2010. In 2010 i started doing athletic competitions there and got a p1 visa that was valid until April 2013. I was already dating my fiance by then. Problem is that my 2013 competitive season would end on August and my former attorney said i had up to 180 days after april visas expiration date to stay in usa without any problems. I finished the season and left usa in september,before it would complete 180 days. In the beginnin of 2014 i applied for a tourist visa, which was denied and the cônsul told me, months later, since the visa styed on administrative process that it was denied and that i got a 3 year bar bc i overstayed more than 180 days, explaining me they count the date from the petiuon approval and not the visa validity (i dont think it makes sense but thats what consul told me). Next september this 3 year ban ends.

What should i put as answer to the question about unlawfull presence? They approved our petition, the NOAs came quicky and now we just set up the interview.idk if id need a waiver (nobody ever mentioned everything so far) or if they will give me a hard time somehow. I have been in and out of usa for the 5 years i lived there legally. Maybe im over thinking but i dont really know how to answr that question the best possible way. Should i post that i overstayed? And then explain how i was advised by my lawyer?

[EM_Vandaveer 2,408]

Yes, you have to state you overstayed.

[aaron2020 11,651]

You answer truthfully. The US Government already knows. If you lie, they will know and you could lose your chance at a life in the US. To be blunt, don't be stupid and lie.

They will not care that your lawyer gave you bad advice. You knew you were overstaying your visa. Your defense can not be that your overstay would have been less than 180 days if you had gotten good advice on how to break the law from your lawyer.

[KayDeeCee 4,893]

Of course you simply answer with the truth. Not even sure why you are asking. No one here is going to tell you to lie, or at least they shouldn't.

Next September, as in the one coming up in 2016, or in 2017? You are not eligible for a K-1 visa until your time bar is over. If you interview while still under the 3 year ban, they would deny you and let you know if you are eligible to apply for a waiver. If your ban is over in Sept. 2016, then you should probably delay your interview until you are no longer banned from US entry.

[astraltraveler 0]

Thanks everyone!

My bar will end on september 2016.

Is there any way that the cônsul could be wrong on his counting (or it doesnt matter after his decision?)? I ask this bc if i count from the visa expiration (april 2013) i would have until october 2013 before the 180 days were up. He told me something like they started counting from march bc the petition was accepted in march, which meant i overstayed about a week after the 180 day períod. Makes no sense to me (to me, makes sense counting from the visa expiration date).

Anyway i agree its a good idea to book the interview after the barn is over. Also, would it help if my fiance goes with me for the interview?

Thanks again

[newacct 688]

Are you this person? You keep mentioning visa expiration but visa expiration is completely irrelevant. A US visa is only for entering the US. It's when your status, given by your I-94, expired, that matters.

[astraltraveler 0]

Thanks newact, now everything made sense. I had always thought the visa expiration date mattered but now it made sense why they cpunted from march and not april (march ended my i94), which means i overstayed for 10 days.

I already received my noa2 and, coincidentally, my noa2 expiration date is on the same day that my 3-year ban ends. Im thinking to set up my k1 interview for that day (would be the third anniversary of my departure from usa, so uts either the last day of my ban or the first day of my eligibilty). I believe if i set my interview before it, i will havê my visa denied bc im not eligible and i never applied for a waiver (imagine if its needed tey will let me know).

Would it be good if my fiance goes with me for the interview or it doesnt really matter?

Thanks everyone

[NuZayetsPogodi 117]

I'm pretty confused - so you didn't overstay 10 days, you overstayed 10 days past 180 days?

Anyways, it will likely not make a difference if your fiance attends the interview with you (that is, if fiances are even allowed in at your embassy). All that will solidify is your relationship. It won't make up for the fact that you overstayed your visa and had a ban on entering the U.S.

Thanks newact, now everything made sense. I had always thought the visa expiration date mattered but now it made sense why they cpunted from march and not april (march ended my i94), which means i overstayed for 10 days.
I already received my noa2 and, coincidentally, my noa2 expiration date is on the same day that my 3-year ban ends. Im thinking to set up my k1 interview for that day (would be the third anniversary of my departure from usa, so uts either the last day of my ban or the first day of my eligibilty). I believe if i set my interview before it, i will havê my visa denied bc im not eligible and i never applied for a waiver (imagine if its needed tey will let me know).
Would it be good if my fiance goes with me for the interview or it doesnt really matter?
Thanks everyone

[astraltraveler 0]

What if i do my k1 interview on the day my 3-year ban ends? Would i need a waiver? The last day of my I-29 is the day my 3-year ban ends....so im thinking to set up my interview on that date, thinking that if i do it before i will be ineligible, but if i do at the day the ban ends i wont havê a problem.

[Penguin_ie 5,993]

The day the ban ends you still have a ban. It is the last day, but it is stil a ban.

[astraltraveler 0]

So should we apply for a waiver before going i the interview or they will let us know about it there?

Should i also bring a proof of the day i left usa (like a fight tkt, for example? I imagine they have it all tracked already).

Obs: i never got any paper atesting what day the ban ends. What i know is that the last day of my petition expiration is the day it completes 3 years since i left usa. Its either the last day of the ban, or the first day after the ban. I was only informed by the consular oficial id havê a 3_year ban due to a 10-day overstay.

Thanks all!

[lacolinab13 86]

I would schedule an interview for a date after your three year ban ends. You can contact your embassy to extend the I-129F petition. Different embassies have different procedures - some simply extend your I-129F automatically, some ask for an official letter requesting the extension with some extra info - but you should be able to postpone your interview until your ban is over.

[astraltraveler 0]

Thanks everyone for the help!
I just paid the fee to set the interview. My ban ends on 9/29 and my visa petition expires on 9/30!
If i could set the interview for 9/30, that would be perfect. My friend said they only interview on tuesdays, which means the latest date is 9/27, TWO days before the ban ends.
I believe if thats the only date it will be up to the consular official to give it or deny the visa. I have proof of 6 years relationship and my fiance is planning to go to the interview with me. If they deny and say that happened bc im still ineligible (even it its only for 2 more days), maybe they can set up another interview for the following week... I emailed them asking if i could extend the petition expiration date to set up my interview and they said no...said the interview must be done while the petition is valid (up to 9/30)