ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.
Look out - it's gory! :lol:
TracyTNFemaleUnited Kingdom2010-06-02 12:23:00
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.

No. She had no ban. She entered in June, 2006 had, legally until September, 2006 and left in January, 2007. She would not incur a ban until 180 days OVERSTAY, (around March, 2007)her overstay is less than 180 days...NO BAN. NO NEED for a lawyer and NOTHING a lawyer could do anyway except take money. What's new?

As already mentioned, a 3 year ban would have been expired by now. This woman has NO issues regarding another K-1 visa by the original petitioner or any other US citizen (unless she has some issues you didn't tell us about)

I will point out that the age difference between her and the original petitioner remains the same.


Yes - I threw myself on my calculation error sword in an earlier post.

Edited by TracyTN, 02 June 2010 - 12:00 PM.

TracyTNFemaleUnited Kingdom2010-06-02 12:00:00
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.
Right - the 'counter' starts on day 91, and if I'm doing the math right, that means she wouldn't even hit 180 days of unauthorized stay. Though I am in the haze of pregnancy brain so calculate it yourself :lol:
TracyTNFemaleUnited Kingdom2010-06-02 11:04:00
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.
OH right - how could I forget that! :blush:
TracyTNFemaleUnited Kingdom2010-06-02 10:47:00
K-1 Fiance(e) Visa Process & ProceduresK1.Overstayed.Went back home.K1 again.
She's definitely in the 3 year ban category then, which it seems has already passed.
TracyTNFemaleUnited Kingdom2010-06-02 10:23:00
K-1 Fiance(e) Visa Process & ProceduresWhich number on back of check???
If you don't have a case number, calling is pointless. You'll get your NOA1 with the case number soon enough.
TracyTNFemaleUnited Kingdom2010-06-02 13:46:00
K-1 Fiance(e) Visa Process & ProceduresWhich number on back of check???
It should start with EAC.
TracyTNFemaleUnited Kingdom2010-06-02 10:39:00
K-1 Fiance(e) Visa Process & ProceduresIs there any alternative way of getting the Fiancée Visa?
What 'alternate' ways do you suggest?
TracyTNFemaleUnited Kingdom2010-06-04 07:13:00
K-1 Fiance(e) Visa Process & ProceduresFake Marriage in Nicaragua
You don't have to be an officer in the military to receive assistance.

http://www.uscis.gov...000b92ca60aRCRD
TracyTNFemaleUnited Kingdom2010-05-19 12:21:00
K-1 Fiance(e) Visa Process & ProceduresExtended Quality Assurance review?!?
That's what I was thinking, too. This certainly is not the norm.

It may not hurt you to contact your congressman, see if they can figure out why your file was pulled and if there's anything they can do to get it going on it's way. Possibly not, but it's worth a shot.
TracyTNFemaleUnited Kingdom2010-06-10 14:49:00
K-1 Fiance(e) Visa Process & ProceduresDo I need to bring a Birth certificate?
Read the guide for what should be included in the petition package.

http://www.visajourn...content/k1guide
TracyTNFemaleUnited Kingdom2010-06-11 07:13:00
K-1 Fiance(e) Visa Process & Proceduresobtaining an EAD at the POE (Chicago ORD0
Not possible. It USED to be possible at JFK via a stamp in your passport but that is no longer valid.

And no, you cannot start employment w/out EAD as you'll have no proof to give an employer that you're eligible to work (an SSN is not proof enough). This should have been made clear in the K1 guide if you've read it.
TracyTNFemaleUnited Kingdom2010-06-14 07:24:00
K-1 Fiance(e) Visa Process & ProceduresWhen to file...?
You want to allow yourselves at LEAST 9-10 months to get through the process. There's no harm in filing a bit before that, as it goes. The K1 is valid for 6 months from issue, so that gives you a bit of leeway as well. I'd rather have that visa in hand 3 months early than sit there and sweat whether or not you're going to make it in time for planned nuptials.

*edited for clarity*

Edited by TracyTN, 14 June 2010 - 08:18 AM.

TracyTNFemaleUnited Kingdom2010-06-14 08:18:00
K-1 Fiance(e) Visa Process & ProceduresCriminal Background & Moral Turpitude
My sense is that this may well fall into the area of a crime of moral turpitude, and it's possible he'll be denied the visa and need a waiver (proving extreme hardship on you, the USC, if he cannot emigrate). I'd consult with an experienced immigration attorney.
TracyTNFemaleUnited Kingdom2010-06-14 07:55:00
K-1 Fiance(e) Visa Process & ProceduresIs it a good idea to ...
Each consulate can request different forms, but yes - generally the I 134 is used for K visas.
TracyTNFemaleUnited Kingdom2010-06-14 10:26:00
K-1 Fiance(e) Visa Process & ProceduresAddress typo on 129F ~ Suggestions?
Have her fill out the paperwork for her interview with the correct address. She may want to tell them at the interview about the error in the event that they question it.
TracyTNFemaleUnited Kingdom2010-06-16 15:36:00
K-1 Fiance(e) Visa Process & ProceduresNew Here and Question about Fees
Visa fees at the consulate? Yes they're in effect now. And I think they went up more than $100.
TracyTNFemaleUnited Kingdom2010-06-17 10:21:00
K-1 Fiance(e) Visa Process & Proceduresk1 NOA1 missing middle name
I think you're fine. My husband has two middle names and they simply abbreviated his first one and dropped the second one entirely - which has stayed that way the entire time, even on the 10 year green card he received a few months ago.
TracyTNFemaleUnited Kingdom2010-06-18 07:21:00
K-1 Fiance(e) Visa Process & ProceduresFlight for fiancée
Makes no difference - go with whatever suits your budget.
TracyTNFemaleUnited Kingdom2010-06-18 11:53:00
K-1 Fiance(e) Visa Process & ProceduresI have serious question
It takes some time for the file to get from the service center to the NVC, and for the NVC to get it into their system. It's not instantaneous. Patience in this process is a virtue - just be glad you've gotten over that big hurdle of the NOA2. Things speed up from here on out.
TracyTNFemaleUnited Kingdom2010-06-16 12:59:00
K-1 Fiance(e) Visa Process & ProceduresJFK entry, looking for EAD
Even if she had gotten it, it is no longer valid proof that she can accept employment. She actually needs the physical EAD card now for an employer.

This thread may help:

http://www.visajourn...without-an-ead/
TracyTNFemaleUnited Kingdom2010-06-19 18:43:00
K-1 Fiance(e) Visa Process & ProceduresWithdraw I-129f
Agreed. Getting married doesn't overcome the misrep. I would get an attorney to look over your case, including the K1 denial, and see what (if any) way forward you can go. I'd be surprised if there wasn't some record somewhere of what the exact misrepresentation was.
TracyTNFemaleUnited Kingdom2010-06-19 18:46:00
K-1 Fiance(e) Visa Process & ProceduresFIANCE VISA IF HE HAD BEEN HERE ILLEGALLY BEFORE
An overstay of 8 years means he currently has a ban from the US of 10 years.

You're right in saying a 601 waiver must be filed (once the visa is denied) - that waiver must prove an extreme hardship to you, the US citizen, if he is not allowed to emigrate. Crafting that waiver in a way that will get it approved is tricky, and not something I'd do alone. I would find an immigration attorney with experience in 601 waivers through Columbia to help me. That's about the best shot you've got.

Whether or not that takes 2 years, I'm sure I don't know. Seems a bit of a long time, but I suppose each consulate could have different wait times.

Edited to add - I disagree slightly with the poster who suggested this could be easier on a CR1. You'll still have to overcome the ban and have a successful waiver no matter which visa type you pursue.

Edited by TracyTN, 23 June 2010 - 02:22 PM.

TracyTNFemaleUnited Kingdom2010-06-23 14:19:00
K-1 Fiance(e) Visa Process & ProceduresFIANCE VISA IF HE HAD BEEN HERE ILLEGALLY BEFORE
First, please stop using all caps when you type. It's akin to SHOUTING.

Second, to understand what consequence might be involved, we'd need to know exactly how long he was in the US illegally. I'm surprised, though, that an immigration attorney wasn't able to give you a straight answer.
TracyTNFemaleUnited Kingdom2010-06-23 13:48:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
Shouldn't be a problem. The requirement is that you MARRY by day 90, which you will be doing.

Your status is derived from your I 94 once you land, and after that, by your pending AOS application. Sounds like you may have a handful of days where your I 94 has expired and your AOS forms have yet to be sent in, but that's nothing to sweat about.
TracyTNFemaleUnited Kingdom2010-06-23 10:44:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
How the person entered is the difference. Legally vs. illegally (EWI or entered without inspection).
TracyTNFemaleUnited Kingdom2010-06-21 15:45:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
I still think your best bet for that type of advice is an immigration attorney, particularly one who deals a lot with those who have been here illegally. Anyone else who has just been in your situation and gives you advice isn't exactly a legal expert - they just know what worked for them. I would hate for you to stake your futures on that.

Edited by TracyTN, 18 June 2010 - 02:55 PM.

TracyTNFemaleUnited Kingdom2010-06-18 14:54:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
I wouldn't try to figure out immigration law much past what we explained to you here. I still think your case is worthy of an immigration attorney - let them interpret and explain the law to you. Will probably save you a lot of headaches.
TracyTNFemaleUnited Kingdom2010-06-18 14:35:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Ummpphhhh! Ummm I dont really know what to do next. The thought of waiting ten years to bring her back to the US is VERY frightening....and not to mention discouraging, which leads me to believe that if the immigration process wasnt so full of red tape and fear of not being granted a visa, then more people would probably go the legal route than to enter Illegally.

Im going to have to do allot of reading and homework on the matter.

I should note that my Girlfriends sister came here to the US in the same manner, but not sure how long ago? and was able to marry a US Citizen here, but has to apply for a permit? every year to stay in the US. Im probably missing some information about the sisters status, but in a nutshell thats what I was told.

And absolutely not, I dont want a lifetime ban I just want to live happily ever after like everyone else. ;)

Thanks everyone for all of the information so far. Im going to seek the help of an Immigration Lawyer and see what the best route will be to go in this matter.

I also read here that I can go to Honduras and become a Citizen there after 6 months to which then I can go through the DCF process. Would that be an option for me as well?

To add onto this post....im sure there is evidence here in the US that shes been here, and as for the flight home, im not sure what type of passport, Legal or illegal, she has, nor what name she would assume to board a plane. Very good questions and ones that I havent thought of...and I sure know that things pop up when you least expect, which is why I am here asking questions. Thanks again everyone!!


We never said it would be 10 years before you could bring her back here. It COULD, if your 601 waiver is unsuccessful. But the best you can do to mitigate that risk is get an attorney well versed in 601 waivers (Laurel Scott pops to mind, though I know she is extremely busy) and go from there.

I hope you're not suggesting that everyone who applies for a visa should be granted one. There are many good reasons why people are denied visas. Some bad ones, too, but you have to take the bad with the good I suppose.

Personally, I am grateful that our immigration system is actually a SYSTEM, unlike it is in the UK where basically anyone who isn't a mass murderer gets in, is given housing/food vouchers and lives often times better than those born and bred in the country do. Is our system perfect? No - we need reform (and actually, I think reform could potentially HELP your situation, not harm it) and we needed it yesterday.

As for your girlfriend's sister's situation - there is no such thing as a permit that you apply for every year which allows you to stay. So clearly there are facts in dispute there somewhere.

You can go through the DCF process if you want - but you'll still have her illegal presence to overcome. Marrying and applying directly to the consulate doesn't make that go away - nothing does.
TracyTNFemaleUnited Kingdom2010-06-17 12:27:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
Believe me, this has been contemplated, tried and been an epic fail. It doesn't seem like there'd be anyway they'd know, but obviously they do. If not, others would have succeeded at it instead of failing.

Edited to add - if you were to try it and get caught, it would be a LIFETIME ban. If you're willing to risk that, then I guess no one here can stop you.

Edited by TracyTN, 17 June 2010 - 11:12 AM.

TracyTNFemaleUnited Kingdom2010-06-17 11:11:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?

Correct but one issue needs to be very clear. To apply for a visa that will be denied, the foreigner leaves the USA to get a medical and visa interview in Tegucigalpa and there is no assurance she will ever be allowed to return to the USA. The OP cannot "get her papers" from within the USA. She has to leave at some point in the process.


Yes, I should have been more specific about that (I probably wrongly assumed I had implied that by mentioning the consulate).

To the OP: it is quite the pill to swallow, but unfortunately, this is what happens for those who choose to enter illegally. If you're suggesting that you have her lie (or you lie) on any of these forms, then I suggest you think long and hard about that. That would be a material misrepresentation, which has a WAY harsher penalty than this ban ever could.
TracyTNFemaleUnited Kingdom2010-06-17 10:54:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us....forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourn...content/k1guide
TracyTNFemaleUnited Kingdom2010-06-17 10:40:00
K-1 Fiance(e) Visa Process & ProceduresWhere do I begin?
First and foremost, you cannot get her citizenship - at least not right away. You'd have to be married to her and she would have to be living here for 3 years as a green card holder (legal permanent resident, or LPR) before she could apply for citizenship. You can't skip the LPR step and automatically become a citizen.

We need a little more information before knowing where to start and what your options might be. How did she enter the US? On a visa - which she has subsequently overstayed, or without inspection? How long has she been here illegally - in other words, if she was here on a visa, when did it (or her I 94) expire?
TracyTNFemaleUnited Kingdom2010-06-17 10:08:00
K-1 Fiance(e) Visa Process & ProceduresIt didn't work out
Well at least you're able to contemplate your future.
TracyTNFemaleUnited Kingdom2010-06-25 07:51:00
K-1 Fiance(e) Visa Process & ProceduresOverwhelmed
There is always debate about 'front loading'. I'm personally not a fan of it - I think a happy medium on the petition side is logical and adequate. I've not heard that one about not being able to present new evidence at the consular interview - in fact, that seems highly illogical to me, esp. as time will have passed between the I 129f submission and interview - sometimes, a significant amount of time.
TracyTNFemaleUnited Kingdom2010-06-08 10:10:00
K-1 Fiance(e) Visa Process & ProceduresWhat does "DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT BEING HELD FOR 180 DAYS SINCE RETURNED AS UNDELIVERABLE" mean
Probably either a NOA2 or an RFE. Curious, though, that the 800 number couldn't tell her that - or did she ask? (Normally those two things show on their system.)
TracyTNFemaleUnited Kingdom2009-07-21 15:16:00
K-1 Fiance(e) Visa Process & ProceduresDoes my fiance need a copy or the real NOA-2

You send a copy. They never asked for it because they also have it


You'd be surprised what two govt agencies can lose. :lol:
TracyTNFemaleUnited Kingdom2010-01-27 13:11:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS said he CANNOT visit

yeah, but from what i can tell, if you know what you're talking about, then they probably won't hire you...you are now OVERQUALIFIED :P


:lol: I know right? Or that means I'll never be eligible for a promotion either. :P
TracyTNFemaleUnited Kingdom2010-11-10 08:15:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS said he CANNOT visit

i just called the customs and border control people, and they said that he will probably be allowed through, but IF he is turned away that it will probably mean our k1 not getting approved. any thoughts?

the attorney said something about it mostly being for the stuff after the approval of the k1, we hired him for the whole process up to and including the green card.
it's not that i thought i couldn't do it, it's just that i run a business and have 3 kids and have so much to deal with anyways, that i thought this would be one less thing for me to stress about non-stop (silly me right?)


As others have said about the visit effecting a K1 - total hogwash. But I can't better what any of them have already said on that front.

It does make more sense for after the K1 - I wasn't aware you'd hired him for the duration. I still don't see why it needs to be submitted with the I 129f, but oh well.

There are many reasons people want the help of an attorney - none of which are wrong really. I've just seen case after case where a lawyer actually made things WORSE for the applicant, so I hope you're not one of those cases.

Personally, I wanted to understand exactly what I was getting my fiance (now husband) in for :lol: so I went on a quest for knowledge. That was 6 years ago and I'm still poking around - mainly because I've found immigration to be endlessly fascinating, not to mention challenging and (in some ways) fun! I actually am trying to find a way to parlay what I've learned into a job - I actually enjoy it that much.

Surely there are few here who are as sad as me in that respect. :lol:
TracyTNFemaleUnited Kingdom2010-11-09 16:48:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS said he CANNOT visit

the G-28 is for our attorney to be able to deal with the proceedings


I know - but which proceedings? You don't have to file that form in order for the attorney to help you with the paperwork, etc. At least not to my knowledge. The info on USCIS' page about that form says 'will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.' There's no need for an attorney - or anyone - to appear before USCIS for a petition. Unless something goes dreadfully wrong somehow.

Edited by TracyTN, 09 November 2010 - 02:58 PM.

TracyTNFemaleUnited Kingdom2010-11-09 14:57:00