ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionDENIED!!!

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.



yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.
Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?
Am I wrong???


So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?


I thought if it was under a year, it was a 3 year bar; 10 year bar for a year or more. But, seeing as the OP is 2 days shy of a year, they may not be giving her the benefit of the doubt.

In this case, it may be beneficial to have the help of an immigration attorney when preparing the waiver.
TracyTNFemaleUnited Kingdom2007-07-19 11:53:00
US Embassy and Consulate DiscussionDENIED!!!
Oh gosh. I'm very sorry to hear that. How long was your overstay?

You'll probably get better information by reading and posting questions in the waivers forum:

http://www.visajourn...p?showforum=113
TracyTNFemaleUnited Kingdom2007-07-19 09:27:00
US Embassy and Consulate DiscussionQuick evidence of support question
For a K1, its the I 134.
TracyTNFemaleUnited Kingdom2007-07-21 17:16:00
US Embassy and Consulate DiscussionK1 in Jordan
Yes, you do need to contact the consulate if you intend to cancel. Also ask them if they have returned your petition to the US (NVC or CSC) and if so, contact that office as well.
TracyTNFemaleUnited Kingdom2007-07-23 12:00:00
US Embassy and Consulate DiscussionContacting the US embassy in London via Phone

I have to believe that if it has been 4 months since your approved petition that by default the process has already in effect cancelled itself.

Many consulates automatically extend the approval date if the interview could not be scheduled within the 4 months of the approved I-129F


That's true - IF the beneficiary actually filled out the forms and sent them back to the consulate.

In other words, if the visa were still being pursued.

Apples and oranges.
TracyTNFemaleUnited Kingdom2007-07-24 15:17:00
US Embassy and Consulate DiscussionHow early can I date the supporting documents for the I-134 Affadavit of Support?
Mine were dated in April and my fiance's interview was June 8th - they never asked him about it.

Bangkok may be more rigid, though.
TracyTNFemaleUnited Kingdom2007-07-29 09:23:00
US Embassy and Consulate DiscussionIs a rock solid case needed to succeed at K1 visa

I havd read stories where the visa has been held up because the Consul wants to see a video tape of hte petitioner speaking 5 minutes in unscripted Vietamese.

My friend went thru there, and he is fluent in Vietamese. He was also rejected until he enlisted the help of his congressman.

Not being able to speak a common language, from what I understand, can be a big red flag there.


Yeah, I've read such things also. I plan on making a video of me speaking Vietnamese for them to see. I imagine that they will see that I can speak basic Vietnamese but I'm not fluent. I understand it is a red flag; that's why I've been studying Vietnamese for about 8 months.

My original question which still remains unanswered.

Are there people who have successfully attained visa even though they were not fluent in a common language.

Thanks,
John



I think you'll find many cases on VJ where the foreign fiance/e received the visa and the two were not fluent in a common language.

But that alone doesn't guarantee success for anyone else.
TracyTNFemaleUnited Kingdom2007-07-31 14:09:00
US Embassy and Consulate DiscussionIs a rock solid case needed to succeed at K1 visa
Every consulate is different - some pickier than others. I'd pose your questions to people who specifically went through Vietnam.
TracyTNFemaleUnited Kingdom2007-07-31 11:13:00
US Embassy and Consulate DiscussionMarriage & work permit
http://www.visajourn...mp;page=k1k3aos
TracyTNFemaleUnited Kingdom2007-08-02 15:02:00
US Embassy and Consulate DiscussionVISA INTERVIEW RESCHEDULING?
Why not contact the consulate and ask them? They're the only ones who can reschedule an interview.
TracyTNFemaleUnited Kingdom2007-08-06 07:36:00
US Embassy and Consulate DiscussionPost Interview: Delays in receipt of Visa
If you're not getting answers from the consulate, I'd be inclined to call the DOS stateside and ask. Call (202) 663-1225 - press 1, 0. They'll need your London case number to look it up.

Its possible you're on some kind of post interview administrative review.

That is often the most common reason for delays in London at that stage.

Come visit the UK forum here, too - you may find some who can comiserate with you.
http://www.visajourn...hp?showforum=99

Edited by TracyTN, 06 August 2007 - 10:52 AM.

TracyTNFemaleUnited Kingdom2007-08-06 10:51:00
US Embassy and Consulate Discussionpsoriasis and my K1 journey
A skin condition a reason for visa denial? Seriously?

Take a deep breath - you'll be fine.
TracyTNFemaleUnited Kingdom2007-08-16 07:09:00
US Embassy and Consulate DiscussionConfusion with Medical appointment and Checklist
I wouldn't send it back until you have the police cert.

The checklist being returned tells them you're ready for an interview, and you need the police cert for the interview.
TracyTNFemaleUnited Kingdom2007-08-17 09:27:00
US Embassy and Consulate DiscussionEasy Countries For Fiance & Spouse Visas
I have read here many times that Nigeria is considered a high fraud country.
TracyTNFemaleUnited Kingdom2007-07-05 11:36:00
US Embassy and Consulate DiscussionK-1 Visa (Packet 3 and Packet 4 Information)
http://www.visajourn...e...&cty=Prague
TracyTNFemaleUnited Kingdom2007-08-22 09:08:00
US Embassy and Consulate DiscussionQuest about medical exam
I'm sure something as routine as a cold or the flu will have no effect on the medical exam.
TracyTNFemaleUnited Kingdom2007-08-27 11:51:00
US Embassy and Consulate DiscussionAPRIL FILER HAS INTERVIEW DATE!!
9/11 isn't a holiday here in America - although I could see a good reason to make it a day off for all of us.

Good luck at the interview!
TracyTNFemaleUnited Kingdom2007-08-21 07:30:00
US Embassy and Consulate Discussionwhat's the correct time estimation for London embassy
If your petition was approved, there's no point at looking at it online anymore (obviously your case didn't get updated online to show 'approved'). The case is no longer with USCIS - it is sent to the NVC after approval, and then sent to the consulate in London. The online information you used at the petition phase is no longer relevant.

If you have not heard anything since your approval in June, I would have definitely been calling someone by now! But at any rate, you need to figure out where your case is. I would start by calling the NVC and making sure it left there for the consulate. You'll need the case number of your petition, and I'd call either early in the a.m. or late at night. (603) 334-0700. They will be able to give you your 'new' case number, which will now begin with 'LDN'.

If it has indeed been sent to the consulate, then I would phone or email them to get a status.
http://www.visajourn...e...&cty=London

Processing times at consulates vary - and 'being British' doesn't matter one iota. You're in line with everyone else going through London, or at any step of the process, for that matter. You can get a guesstimate of London processing times from this thread:
http://www.visajourn...h...t&p=1153253
TracyTNFemaleUnited Kingdom2007-09-03 09:04:00
US Embassy and Consulate DiscussionI-134. Why and how 3 years of W2 and 1040 ?
You're looking in the wrong place.

Each consulate has different requirements for the I 134, and what supporting documentation they want. So you need to look at the requirements for whichever consulate you (or your fiance/e?) will be going through for the K1 process.

You will not get information about what a US consulate wants from the IRS' website.

Does your consulate ask for transcripts?

Edited by TracyTN, 06 September 2007 - 11:20 AM.

TracyTNFemaleUnited Kingdom2007-09-06 11:19:00
US Embassy and Consulate DiscussionK2 Visa Denied...Family in Distress We need help!
I'm sorry to hear of your situation - what a mess!

Since you've paid for one, what does your lawyer plan to do next? Surely he knows more about next steps than folks on a message board. Getting the denial in writing would seem like a place to start to me - then again, I am not an attorney.
TracyTNFemaleUnited Kingdom2007-09-09 09:58:00
US Embassy and Consulate DiscussionJust had my interview!! Have a question!
QUOTE (fwaguy @ Sep 19 2007, 01:35 PM) <{POST_SNAPBACK}>
QUOTE (Hefelumpman @ Sep 19 2007, 01:19 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Sep 19 2007, 07:18 PM) <{POST_SNAPBACK}>
Do you have your passport with visa?



not yet - that will be delivered soon!


Interesting... typically the mystery brown envelope and the passport with visa are delivered at the same time....


yes.gif
TracyTNFemaleUnited Kingdom2007-09-19 13:36:00
US Embassy and Consulate DiscussionChildren and proving custody
If I remember correctly from my husband's packet 3 (from London), there was a bit in there about what was needed to prove custody of any children emigrating with the beneficiary. I find it hard to believe that Frankfurt did not have a similar inclusion in any of their documentation.
TracyTNFemaleUnited Kingdom2007-09-24 15:36:00
US Embassy and Consulate DiscussionI-134
They didn't look at my tax returns in London, either (I am not self employed). Just took the notorized I 134 and my employer letter.
TracyTNFemaleUnited Kingdom2007-09-28 09:36:00
US Embassy and Consulate DiscussionGardasil
QUOTE (fwaguy @ Jan 25 2008, 09:07 AM) <{POST_SNAPBACK}>
It would be interesting to see this in print because it is contrary to the DOS official position.


London has always been 'contrary to the DOS official position'. I've never known them to approve a K1 without proof of vaccinations (or having them done at the medical).

Regardless, I've never known what waiting till AOS saves you anyway. Esp. in countries like the UK where the beneficiary can have them done for free at their GP.

Edited by TracyTN, 25 January 2008 - 04:34 PM.

TracyTNFemaleUnited Kingdom2008-01-25 16:34:00
US Embassy and Consulate DiscussionTax Return for I-134
You can't really 'notorize' tax returns. All notorizing does is verifies that you are the person whose signature appears on the document.

Also, tax returns are also only needed at London (with the I 134) if you are self employed (which you may already know, but just making sure). You *could* request tax transcripts from the IRS if you're afraid that the photocopies of your returns and W2s won't be good enough.

You DO need to get the I 134 document itself notorized.

All they took from my fiance was the notorized I 134 and my employer letter. I had also given him copies of my tax returns and W2s, pay stubs and a years' worth of bank statements (yes, I'm ####### retentive :lol: - so he got to lug all of that back home with him. :D

Edited by TracyTN, 13 July 2007 - 03:41 PM.

TracyTNFemaleUnited Kingdom2007-07-13 15:39:00
US Embassy and Consulate DiscussionFiance Petition Approval
4 months is long?? Erm, ok. blink.gif

And entry on a K1 visa has nothing to do with how fast (or slow) you'll be approved. You're in line with everyone else - better get used to that concept VERY rapidly when you're dealing with immigration...!
TracyTNFemaleUnited Kingdom2009-07-24 09:37:00
US Embassy and Consulate DiscussionHow long from submitting IV-15 Checklist before interview
Moving to correct forum.
TracyTNFemaleUnited Kingdom2009-07-27 12:54:00
US Embassy and Consulate DiscussionWHO ELSE HAS INTERVIEW ON JULY 27??
Moving to correct forum.
TracyTNFemaleUnited Kingdom2009-07-27 15:17:00
US Embassy and Consulate Discussionpacket 3 questions
Moving to correct forum.
TracyTNFemaleUnited Kingdom2009-07-28 07:04:00
US Embassy and Consulate DiscussionWhat are people doing about medical insurance?
Your soon to be hubby *should* be able to add you to his insurance as soon as you are married. Its called a 'qualifying event'.

But yes, until then, I agree that you will want some kind of coverage (esp. if you have a long-ish wait before your wedding).
TracyTNFemaleUnited Kingdom2006-01-31 10:40:00
US Embassy and Consulate DiscussionEthiopia is very Fast
Perhaps this can help some.

http://www.visajourn...e...a&cty=Ababa
TracyTNFemaleUnited Kingdom2007-04-30 21:48:00
US Embassy and Consulate Discussionengagement ring
I would be very hesitant to show USCIS/DOS any pictures of a 'ceremony' (engagement or otherwise). This makes them sometimes wonder if it wasn't an engagement celebration at all, but was instead some kind of legal ceremony - making you ineligible for a fiance/e visa.

An engagement ring is no requirement for a fiance/e visa - we didn't have one (like many others) and were approved with no problem.
TracyTNFemaleUnited Kingdom2009-11-17 09:48:00
US Embassy and Consulate Discussionconfuse marine fiance
Has he not sent you ANY financial documents? It's too early to file his 2009 taxes - so if you're waiting for a W2 to cover 2009,you won't get it before your interview. Employers are not required to generate them until the end of January (I believe).
TracyTNFemaleUnited Kingdom2009-11-20 08:28:00
US Embassy and Consulate Discussiondenied k1 visa - 221 g
Moving to the embassy/consulate forum for more guided advice.
TracyTNFemaleUnited Kingdom2009-11-24 14:36:00
US Embassy and Consulate DiscussionI-864A PROOF OF RESIDENCY
Moving to Consulate forum (more appropriate) - however, the I 134 is used at the consular interview; the I 864 is not used until adjustment of status once the alien is in the US.
TracyTNFemaleUnited Kingdom2009-11-24 13:21:00
US Embassy and Consulate DiscussionInterview on 4th Dec Need Help
Moving to the Embassy/consulate section.
TracyTNFemaleUnited Kingdom2009-11-25 08:24:00
US Embassy and Consulate DiscussionI-134 affidavit of support HELP!
Moving to embassy/consulate section.
TracyTNFemaleUnited Kingdom2009-11-25 10:04:00
US Embassy and Consulate Discussionother name used
Doug is a very common 'short cut' for Douglas. I wouldn't sweat it.
TracyTNFemaleUnited Kingdom2009-11-25 09:56:00
US Embassy and Consulate DiscussionWhat forms do we need now? Please help.
http://www.visajourn...e...&cty=London
TracyTNFemaleUnited Kingdom2009-11-30 14:22:00
US Embassy and Consulate DiscussionI-134 Supporting Documentation (Affidavit of Support)
Moving to Consulate/Embassy forum.
TracyTNFemaleUnited Kingdom2009-12-07 14:16:00