K1 - Potential Hicups
#1
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Joined: Jul 2008
Location: Notts UK
Posts: 10
K1 - Potential Hicups
I have read and understood the main process of going down the K1 route. From my understanding starting with the I-129F USA side to the K1 visa interview UK side to the final few docs (medical, Police check) it takes around 6 months to complete?
I have a couple of spanners that could potentially cause a problem or 2. Any knowledge on the matters would be received very gratefully.
background
I met my fiancé just over 2 years ago in the USA. I was visiting under the VWP. I overstayed my VISA by 8 months (I left in May 07). When I left I didn't hand in the I90 as I didn't want an official record and a confirmed 3 year ban.
Since I left the USA she has been to the UK 5 times to stay. We are now at the point where we are ready to commit to being together and have both decided to Marry and live in the USA.
The 3 problems I can see so far are:
1) The fact I overstayed the VWP and never handed in an I90.
2) During a night of fun and games in NYC I was cautioned by NYPD's finest (the details are to embarrassing to go into). I had to appear in court, was given a $200 fine and was told this would be on my record for 1 year. It has now been almost 2 years since this happened. The other thing in this case is that the nice people in Manhattan penitentiary recorded my last name down wrong from my passport. Please note I have never been charged with anything in the UK.
3) My fiancé is not currently working. Since I have met her she hasn't done much work at all, she is a self employed stylist. Is there a minimum amount of income one needs as the US citizen to press ahead with the K1 application?
I understand the whole process costs about £500-£700. This is not a problem, even it is was a 10% chance I would have a punt. I just wondered given the situation if my odds are going to be close to nil and if so is there any legal way round this?
regards,
Jim
I have a couple of spanners that could potentially cause a problem or 2. Any knowledge on the matters would be received very gratefully.
background
I met my fiancé just over 2 years ago in the USA. I was visiting under the VWP. I overstayed my VISA by 8 months (I left in May 07). When I left I didn't hand in the I90 as I didn't want an official record and a confirmed 3 year ban.
Since I left the USA she has been to the UK 5 times to stay. We are now at the point where we are ready to commit to being together and have both decided to Marry and live in the USA.
The 3 problems I can see so far are:
1) The fact I overstayed the VWP and never handed in an I90.
2) During a night of fun and games in NYC I was cautioned by NYPD's finest (the details are to embarrassing to go into). I had to appear in court, was given a $200 fine and was told this would be on my record for 1 year. It has now been almost 2 years since this happened. The other thing in this case is that the nice people in Manhattan penitentiary recorded my last name down wrong from my passport. Please note I have never been charged with anything in the UK.
3) My fiancé is not currently working. Since I have met her she hasn't done much work at all, she is a self employed stylist. Is there a minimum amount of income one needs as the US citizen to press ahead with the K1 application?
I understand the whole process costs about £500-£700. This is not a problem, even it is was a 10% chance I would have a punt. I just wondered given the situation if my odds are going to be close to nil and if so is there any legal way round this?
regards,
Jim
#2
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Joined: Sep 2003
Posts: 484
Re: K1 - Potential Hicups
Hello Jim
I'm sure others will tell you to consult a lawyer. I think you're thinking of the I-94W form (an I-90 is very different!). What makes you think that there won't be a record of your overstay? Indeed with no record of your departure immigration may think that you've been there since arrival! Living in the UK presents far fewer problems than the US with respect to immigration - I guess you've considered this.... If you're happy having a "punt for 700 Pounds" on a 10% probability then a 100 pound consultation (approximately)with a lawyer will be well worth it. Look for an experienced one in this type of thing. You'll soon find others telling you how to do this....
I'm sure others will tell you to consult a lawyer. I think you're thinking of the I-94W form (an I-90 is very different!). What makes you think that there won't be a record of your overstay? Indeed with no record of your departure immigration may think that you've been there since arrival! Living in the UK presents far fewer problems than the US with respect to immigration - I guess you've considered this.... If you're happy having a "punt for 700 Pounds" on a 10% probability then a 100 pound consultation (approximately)with a lawyer will be well worth it. Look for an experienced one in this type of thing. You'll soon find others telling you how to do this....
#3
BE Enthusiast
Joined: Sep 2003
Posts: 484
Re: K1 - Potential Hicups
Also - your fiancee becomes your (mandatory) sponsor (or co-sponsor if the income isn't enough) - and there are minimum requirements. There are plenty of posts on this forum with respect to the K-1 process. Without this forum, I couldn't have negotiated the entire process....
#4
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Joined: Jul 2008
Location: Notts UK
Posts: 10
Re: K1 - Potential Hicups
Cheers Alan.
On the money side of things. I bring that up because after spending a few hours reading various threads I noticed there was something about the US Citizen needing at least $17,500 on their last 3 years of tax returns. Is this correct or have I misunderstood? I imagine a lawyer will be contacted shortly. I am merely trying to improve my knowledge as much as possible in the mean time.
thanks once again for the speedy reply!
regards,
Jim
On the money side of things. I bring that up because after spending a few hours reading various threads I noticed there was something about the US Citizen needing at least $17,500 on their last 3 years of tax returns. Is this correct or have I misunderstood? I imagine a lawyer will be contacted shortly. I am merely trying to improve my knowledge as much as possible in the mean time.
thanks once again for the speedy reply!
regards,
Jim
#5
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Joined: Jul 2008
Location: Notts UK
Posts: 10
Re: K1 - Potential Hicups
In regards to the overstay I am not saying there will not be a record. I am saying there will be no record stamped in concrete. Things that are not stamped in concrete as far as I am concerned can always be changed if you have the right knowledge. As far as that knowledge goes I would not ask nor expect a reply on this forum.
regards,
Jim
regards,
Jim
#6
Re: K1 - Potential Hicups
I have read and understood the main process of going down the K1 route. From my understanding starting with the I-129F USA side to the K1 visa interview UK side to the final few docs (medical, Police check) it takes around 6 months to complete?
I have a couple of spanners that could potentially cause a problem or 2. Any knowledge on the matters would be received very gratefully.
background
I met my fiancé just over 2 years ago in the USA. I was visiting under the VWP. I overstayed my VISA by 8 months (I left in May 07). When I left I didn't hand in the I90 as I didn't want an official record and a confirmed 3 year ban.
Since I left the USA she has been to the UK 5 times to stay. We are now at the point where we are ready to commit to being together and have both decided to Marry and live in the USA.
The 3 problems I can see so far are:
1) The fact I overstayed the VWP and never handed in an I90.
2) During a night of fun and games in NYC I was cautioned by NYPD's finest (the details are to embarrassing to go into). I had to appear in court, was given a $200 fine and was told this would be on my record for 1 year. It has now been almost 2 years since this happened. The other thing in this case is that the nice people in Manhattan penitentiary recorded my last name down wrong from my passport. Please note I have never been charged with anything in the UK.
3) My fiancé is not currently working. Since I have met her she hasn't done much work at all, she is a self employed stylist. Is there a minimum amount of income one needs as the US citizen to press ahead with the K1 application?
I understand the whole process costs about £500-£700. This is not a problem, even it is was a 10% chance I would have a punt. I just wondered given the situation if my odds are going to be close to nil and if so is there any legal way round this?
regards,
Jim
I have a couple of spanners that could potentially cause a problem or 2. Any knowledge on the matters would be received very gratefully.
background
I met my fiancé just over 2 years ago in the USA. I was visiting under the VWP. I overstayed my VISA by 8 months (I left in May 07). When I left I didn't hand in the I90 as I didn't want an official record and a confirmed 3 year ban.
Since I left the USA she has been to the UK 5 times to stay. We are now at the point where we are ready to commit to being together and have both decided to Marry and live in the USA.
The 3 problems I can see so far are:
1) The fact I overstayed the VWP and never handed in an I90.
2) During a night of fun and games in NYC I was cautioned by NYPD's finest (the details are to embarrassing to go into). I had to appear in court, was given a $200 fine and was told this would be on my record for 1 year. It has now been almost 2 years since this happened. The other thing in this case is that the nice people in Manhattan penitentiary recorded my last name down wrong from my passport. Please note I have never been charged with anything in the UK.
3) My fiancé is not currently working. Since I have met her she hasn't done much work at all, she is a self employed stylist. Is there a minimum amount of income one needs as the US citizen to press ahead with the K1 application?
I understand the whole process costs about £500-£700. This is not a problem, even it is was a 10% chance I would have a punt. I just wondered given the situation if my odds are going to be close to nil and if so is there any legal way round this?
regards,
Jim
I am not sure how the court appearance in the US will affect the initial visa petition and then visa application, but USCIS will be aware of the information through their own process of background checks against you.
There are minimum income requirements. These are explained in the above mentioned articles.
In regards to the overstay I am not saying there will not be a record. I am saying there will be no record stamped in concrete. Things that are not stamped in concrete as far as I am concerned can always be changed if you have the right knowledge. As far as that knowledge goes I would not ask nor expect a reply on this forum.
regards,
Jim
regards,
Jim
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: K1 - Potential Hicups
1) The fact I overstayed the VWP and never handed in an I90.
2) During a night of fun and games in NYC I was cautioned by NYPD's finest...
3) My fiancé is not currently working.
... I noticed there was something about the US Citizen needing at least $17,500 on their last 3 years of tax returns. Is this correct or have I misunderstood?
Things that are not stamped in concrete as far as I am concerned can always be changed if you have the right knowledge.
I imagine a lawyer will be contacted shortly.
Ian
#9
Forum Regular
Joined: Jul 2008
Location: London
Posts: 169
Re: K1 - Potential Hicups
I-129 filing fees - $455
Medical exam fees - £190 + (possibly fees for additional vaccinations)
K-1 visa issuance fees ($131)
K-1 visa courier - £13
AOS fees - $1010
If you use the $2 = £1 conversion rate you are looking at approximately £1000.
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview.
I know this isn't your main concern but just as point of clarification.
#10
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: K1 - Potential Hicups
You are partially correct. It need not be for the past three years. Generally it has to be current. There are also various work-arounds.
BTW, I'd be more concerned about the three year bar which you admit you have invoked. And also, you may have set up a situation where you cannot document that you are subject to a 10-year bar instead. Also, note that even lacking the I-94w turn in -- how did you leave the US? If you flew, the airlines do turn over their manifests.
#12
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Joined: Jul 2008
Location: Notts UK
Posts: 10
Re: K1 - Potential Hicups
Thanks for all the replies guys.
My new question has to be if I voluntarily admit to to overstaying by 8 months from the end of of my VW, is that "it" in terms of getting into America for the next 2 years (May 2010 would be the 3 years up)?
I am a firm believer that there are always ways round things but I am also a firm believer in the US immigration authorities liking to stamp as much authority on any living sole possible.
1)What if we got married in the UK and then went to the USA, would that carry any more of a punch?
2)Are there ever exceptions made for over staying the VW program. My Dad and his partner (both British) have a B2 Visa and live in the USA and my Mother is dead. Would there be any compassionate grounds to overlook not doing things by the book? Has anyone ever heard of such a thing?
In regards to the records kept on departure....
Either the airline does have records or doesn't have records. If it does then I will not have a problem proving it would only be a 3 year ban if I so desired. If it doesn't then there is no way of them having concrete proof on file, and that can viewed in 2 ways.....
I realise playing games with the US immigration normally means they win 99 times out of 100, but if one does not play then one will never win, and the only reason I want to be in the USA is because of the lady I love. I am prepared to have a punt as previously stated because if I can't get in for another 2 years it is unlikely our relationship will survive. We have considered her moving to the UK but there are reasons why it wouldn't work over here.
I understand there are never open and shut cases even with doing things 100% by the book.
regards,
Jim
My new question has to be if I voluntarily admit to to overstaying by 8 months from the end of of my VW, is that "it" in terms of getting into America for the next 2 years (May 2010 would be the 3 years up)?
I am a firm believer that there are always ways round things but I am also a firm believer in the US immigration authorities liking to stamp as much authority on any living sole possible.
1)What if we got married in the UK and then went to the USA, would that carry any more of a punch?
2)Are there ever exceptions made for over staying the VW program. My Dad and his partner (both British) have a B2 Visa and live in the USA and my Mother is dead. Would there be any compassionate grounds to overlook not doing things by the book? Has anyone ever heard of such a thing?
In regards to the records kept on departure....
Either the airline does have records or doesn't have records. If it does then I will not have a problem proving it would only be a 3 year ban if I so desired. If it doesn't then there is no way of them having concrete proof on file, and that can viewed in 2 ways.....
I realise playing games with the US immigration normally means they win 99 times out of 100, but if one does not play then one will never win, and the only reason I want to be in the USA is because of the lady I love. I am prepared to have a punt as previously stated because if I can't get in for another 2 years it is unlikely our relationship will survive. We have considered her moving to the UK but there are reasons why it wouldn't work over here.
I understand there are never open and shut cases even with doing things 100% by the book.
regards,
Jim
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: K1 - Potential Hicups
1)What if we got married in the UK and then went to the USA, would that carry any more of a punch?
2)Are there ever exceptions made for over staying the VW program.
My Dad and his partner (both British) have a B2 Visa and live in the USA and my Mother is dead. Would there be any compassionate grounds to overlook not doing things by the book?
I realise playing games with the US immigration normally means they win 99 times out of 100, but if one does not play then one will never win...
Ian
#14
Re: K1 - Potential Hicups
I am a firm believer that there are always ways round things...
1)What if we got married in the UK and then went to the USA, would that carry any more of a punch?
2)Are there ever exceptions made for over staying the VW program. My Dad and his partner (both British) have a B2 Visa and live in the USA and my Mother is dead. Would there be any compassionate grounds to overlook not doing things by the book? Has anyone ever heard of such a thing?
I realise playing games with the US immigration normally means they win 99 times out of 100, but if one does not play then one will never win, and the only reason I want to be in the USA is because of the lady I love.
But the sooner you realize that "US immigration" and "playing games" don't belong in the same sentence, the better off you'll be.
~ Jenney