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K1 - Potential Hicups

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Old Jul 18th 2008, 12:51 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
My Dad and his partner (both British) have a B2 Visa and live in the USA
If your Dad has a B-2 visa, he does not live in the US.
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Old Jul 18th 2008, 12:58 pm
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Default Re: K1 - Potential Hicups

Marnee only...

Lol, there is always one joker that likes to pipe up and play the high and mighty stance. I refuse to take the bait I am afraid. All I will say is next time you go over the speed limit by 4mph I hope there is a nice traffic cop waiting round the corner to great you with a ticket.

Jim
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Old Jul 18th 2008, 1:06 pm
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Default Re: K1 - Potential Hicups

I think I have got the answers I needed.

1) There is an amount a Fiancé needs to earn to be a sole sponser.

2) I am banned from legally entering the country for another 23 months.

On a final note although I am a firm believer that playing by the book has its benefits, it also has its negatives. Before everyone (Marnee) gets on their high horse again I am not encouraging breaking rules I am just saying from reading some of the topics on the forum it might be a bit more pleasant if certain members had a bit of compassion considering most topics on here have a deep emotional connection and the people posting are seeking knowledge not opinions.

Thanks once again for all your help

regards,

Jim
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Old Jul 18th 2008, 1:09 pm
  #19  
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Default Re: K1 - Potential Hicups

Originally Posted by meauxna
If your Dad has a B-2 visa, he does not live in the US.
Thank you, I was wondering the same thing.
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Old Jul 18th 2008, 1:10 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
I think I have got the answers I needed.

1) There is an amount a Fiancé needs to earn to be a sole sponser.

2) I am banned from legally entering the country for another 23 months.

On a final note although I am a firm believer that playing by the book has its benefits, it also has its negatives. Before everyone (Marnee) gets on their high horse again I am not encouraging breaking rules I am just saying from reading some of the topics on the forum it might be a bit more pleasant if certain members had a bit of compassion considering most topics on here have a deep emotional connection and the people posting are seeking knowledge not opinions.

Thanks once again for all your help

regards,

Jim
Someone did mention that it could be longer than 23 months as they are not going to be completely sure of when you left the u.s? as well as if you did leave on time, unless of course those records are still in the system, which im sure with most airlines they are.
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Old Jul 18th 2008, 1:12 pm
  #21  
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Default Re: K1 - Potential Hicups

Is there no waiver to a ban?
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Old Jul 18th 2008, 1:22 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
I refuse to take the bait I am afraid.
After this post, I will no longer respond. Your cavalier attitude needs a bit of adjusting... and you may be able to sweet talk your way out of some things... but if you try it on any immigration form or when talking to any immigration officer, you will come to regret it. Marnee is right. You have already shown a complete disregard for US immigration law by overstaying your VW.


Personally, I don't care what you do... but if you want to navigate immigration with a minimum of issues, you will heed the good advice of the people here. We may kid around a bit when giving information, but we are deadly serious about the pitfalls you can encounter. All of us here, me included, have successfully navigated the myriad complex immigration rules and regulations... but none of us are so stupid as to believe that you can get away without paying the piper in some form or another.


I am just saying from reading some of the topics on the forum it might be a bit more pleasant if certain members had a bit of compassion considering most topics on here have a deep emotional connection and the people posting are seeking knowledge not opinions.
You don't want compassion... you want honesty. Compassion will get you nowhere. USCIS has no compassion! And if you honestly believe that none of us realize the emotional involvement of which you speak, you're sadly mistaken. While it may be wrapped up as an opinion, we are giving you our knowledge and experience.

Ian
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Old Jul 18th 2008, 1:29 pm
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Default Re: K1 - Potential Hicups

Ok mate, tell me how a comment of,

"you did the crime, serve the time"

serves any purpose whatsoever in a sensible debate amongst adults. Please let me know. If you want to start getting pedantic I am saying this may not be the time and place for it. If you can not understand that then maybe you shouldn't be posting on such sensitive issues or if you do my advise would be to stick to FACTS not OPINIONS.

Jim
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Old Jul 18th 2008, 1:34 pm
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Default Re: K1 - Potential Hicups

Originally Posted by Noorah101
Is there no waiver to a ban?
AFAIK yes there is a waiver - providing it can be proved that the ban imposed would cause extreme hardship to the USC. The application for a waiver of ineligibility would accompany the K1 fiance visa application

Last edited by Songbird; Jul 18th 2008 at 1:37 pm.
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Old Jul 18th 2008, 1:36 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
.... stick to FACTS not OPINIONS.

Jim
OK, the fact is, you overstayed your VWP. You overstayed enough to incur a 3-year ban. I am not sure if there is a waiver available for that, but assuming not, then you simply need to wait it out. Your girlfriend can come visit you in the UK while you're waiting. If your relationship is strong enough, it will withstand the test of time. If it falls apart because of a 2-year separation, then it wasn't meant to be. Perhaps her situation will change and she will be able to immigrate to the UK to be with you instead, or you guys can both go to a 3rd country. The bottom line is, you have some facts stacked against your US immigration at the moment. It will take time for that to clear up.

Rene
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Old Jul 18th 2008, 1:38 pm
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Default Re: K1 - Potential Hicups

Originally Posted by Songbird
AFAIK yes there is a waiver - providing it can be proved that the ban imposed would cause extreme hardship to the USC. The application for a waiver of ineligibility would accompany the K1 fiance visa application
OK, so there is a glimmer of hope for the OP. The OP and his girlfriend should have a consultation with an immigration attorney and see if a waiver would work in their case.

Rene
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Old Jul 18th 2008, 1:41 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
Ok mate, tell me how a comment of,

"you did the crime, serve the time"

serves any purpose whatsoever in a sensible debate amongst adults.

Jim
You seemed to almost be bragging about not turning in your your form when you left the U.S., as if you could trick them into believing you left on time. My point is that if you choose to break the law, then you should be prepared to accept the the consequences. Your actions may well cost you dearly and you dont seem to get it with your "where there's a will, there's a way" attitude. This concept does not work with Homeland Security. Their will is the only way. And that is not an opinion, but rather, a fact.

I suggest you mail in your form to wherever it goes with an explanation to try to prevent a 10-year ban and then look into a waiver.

Marnee
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Old Jul 18th 2008, 1:46 pm
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Default Re: K1 - Potential Hicups

Thank you for that bit of knowledge. I will look into the ban wavier. I imagine if my Fiancee and I were to marry in the UK there would be some grounds for ban wavier.

As with the whole bloomin issue of USA immigration it all seems grey. And to think we have fought side by side for many years it still seems so odd to have such embargo's. Does anyone know why Briton and the USA share such strong immigration laws between one another? Surely it can't date back to far.

regards,

Jim
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Old Jul 18th 2008, 1:51 pm
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Default Re: K1 - Potential Hicups

Originally Posted by ByteRider
Thank you for that bit of knowledge. I will look into the ban wavier. I imagine if my Fiancee and I were to marry in the UK there would be some grounds for ban wavier.
Don't be too sure! Your fiancee would have to prove beyond a shadow of a doubt that she CANNOT live in the UK, and CANNOT live without you in the USA. If she travels easily to go marry you, it kind of makes it seem she could also go ahead and stay there with you also. Just don't start thinking "becaues you're married" it looks any different to immigration. It does not.

As with the whole bloomin issue of USA immigration it all seems grey. And to think we have fought side by side for many years it still seems so odd to have such embargo's. Does anyone know why Briton and the USA share such strong immigration laws between one another? Surely it can't date back to far.
Because UK and USA are two totally seperate countries, with totally different immigration laws. Their shared history has nothing to do with current affairs or immigration. The USA has the same strong immigration law for any immigration coming from any country in the world. The USA can't very well make an exception to just one country. USA and UK are not related in any way when it comes to immigration. They are just simply two seperate countries on the map.

Rene
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Old Jul 18th 2008, 1:56 pm
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Default Re: K1 - Potential Hicups

My form was long gone from my passport. I had enough sleepless nights at the time thanks to this forum thinking I was going to get thrown into jail on the way out of the USA. So much so I was going to drive from Richmond to Mexico and fly from there just so I didn't have to leave through the USA by flight.

In the end it worked out fine. I traveled from Miami although my dog (USA side) chewed my passport up very badly. How did I get back into the UK? I simply explained what had happened and they let me in. For all they know I could have been an illegal immigrent running over here to rape the benefits system. My point......?

Had I have asked what to do about a chewed up passport and no I94 upon leaving I am sure the answer would have been a long list of negative useless opinions including one from you Marnee saying "you should be more careful about where you leave you passport".

In reference to earlier posts my Dad is on a Business Visa as a business owner. I assumed it would called B for business, my bad.
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