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overstayed a F-1 visa

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  • #16
    i checked my F-1 SEVIS form and it's stamped "D/S". i think my problem is that i left the US? i never knew that i can get married to my fiancee in the US when i was out of status and become a legal permanet residence.

    betamichigan, what do you mean by, "unless the service or a judge made a determination that u were out of status" mean?? i left the US voluntarily, but tried to go back to the US when i left for Canada. then got refused entry by the US immigration officer. So now i am back in my home country wondering how i can go back to the US.
    ill probably get married here in my home country, but my fiancee wouldn't be able survive because of the cultural and language differnce.
    would applying for the K-3 and waiver work in my case because i can't go back with my visa waiver anymore???


    • #17
      I know someone very well who is in very similar circumstances as you. Several attorneys have advised him that he could enter on k-1 or k-3, more than likely with no waiver needed. What Beta was saying is that you have not accumulated any time as an overstay which means you would not have a bar upon re-entry to the US. Until an immi judge or official makes judgement that you are an overstay (while in the US) you are not ACTUALLY an overstay in terms of accumulating time. Without having accumulated time as an overstay, you couldn't be given a 3 or 10 year bar, therefore would not need a waiver.


      • #18
        now the thing I am skeptical about is that he was refused entry and that might be considered as a deporation! So he might have to file 212.

        So here is the deal! The first thing u need to do is get married ( K-3 ) is much better in your case then to enter US on K-1.

        So get married in your home country. File I-130 and then after that when you get reciept from INS, file K-3 which is I-129F filed as married..


        • #19
          What's the home country involved here? Does that country do DCF?

          OP must have been denied entry due to immigrant intent. No bar should be involved since no unlawful presence was accumulated.


          • #20
            If you marry and file the I-130 you might want to check processing times... recently I-130's are being processed faster than the I-129f in many cases.


            • #21
              i am from Japan. Do u know what waiver i am supposed to submit?

              thank you everyone for trying to help me!!


              • #22
                could anyone help me with this question???

                am i considered any of the following?? removal, exculsion/deportation, recission, or judical proceeding???

                thank you all!!!


                • #23
                  Like I said before, I have a friend in very similar situation and we obtained several opinions from immi attorneys in the past year. He was not considered to be any of those things but they said the surest bet, and perhaps the only way, to get back into the US was with a k-1 or k-3.


                  • #24
                    I already answered you. No unlawful presence was accrued according to the information you provided. Denial at the border is different. You were *not* removed, excluded/deported, etc.

                    Someone with a currently filed K1 visa can be denied entry. It doesn't mean they did anything illegal, it just means the Immigration official deemed them to have immigrant intent.


                    • #25
                      i was just making sure.... but thanks for the reply.


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