Zia80
06-01-2008, 06:27 PM
Hello Everyone!
First let me say this; I cannot thank people enough for replying to my posts in this forum and helping me thru this!
My K3 interview date is July 7th in Mumbai. On my DS156 I have marked " yes" to " have you ever overstayed..on a previous visa?"
My question is;
Should i explain in writing, with that form what happened? A friend advised me to state the facts so that the consular sees my side of the story. ( please read my other post in this section for case details).
After all the speculation on the total amount of unlawful presence in my case, it seems that I could get a 3 or 10 year bar. depending on how the Consular sees fit !
I do feel that while my applications were pending decision and I was in the US I did not acrue any unlawful presence. The last date I heard from the INS denying my i-765 (June 16 2005) to the date i left on my own( June 5, 2006) i was present unlawfully for less than a year..
To make things simpler...
Here is a precis of the timeline in my case as a F1 overstay
December 30, 2004 - School Official and I foung out my SEVIS file was terminated November 22,2004 due to his error. :o
December 31, 2004 - File I-539 COS and I-765
MARCH 2005 -MET HUBBY IN US, STARTED DATING
May 2005- I-539 Denied
June 16, 2005- i-765 Denied....
NOVEMBER 2005 GOT ENGAGED
June 5, 2006 - returned to INDIA ( At this point my USC fiance and I were clueless about any bar!! and wanted to do things the traditional Indian way by "meeting my parents" first!!! -God I wish we knew better):rolleyes: :innocent:
December 2006- Got married in India, filed i-130 and 129F
July 2007- Got pregnant
April 2008- welcomed our Son into this world
May 2008- Our Son got his US passport in Mumbai:yay2:
July 7- UPCOMING k3 Interview......
Someone please help me. I know i have alot of technicalities in this case, and am asking for too much. I would most certainly be very thankful for any guidance.
Help
Zia 80
First let me say this; I cannot thank people enough for replying to my posts in this forum and helping me thru this!
My K3 interview date is July 7th in Mumbai. On my DS156 I have marked " yes" to " have you ever overstayed..on a previous visa?"
My question is;
Should i explain in writing, with that form what happened? A friend advised me to state the facts so that the consular sees my side of the story. ( please read my other post in this section for case details).
After all the speculation on the total amount of unlawful presence in my case, it seems that I could get a 3 or 10 year bar. depending on how the Consular sees fit !
I do feel that while my applications were pending decision and I was in the US I did not acrue any unlawful presence. The last date I heard from the INS denying my i-765 (June 16 2005) to the date i left on my own( June 5, 2006) i was present unlawfully for less than a year..
To make things simpler...
Here is a precis of the timeline in my case as a F1 overstay
December 30, 2004 - School Official and I foung out my SEVIS file was terminated November 22,2004 due to his error. :o
December 31, 2004 - File I-539 COS and I-765
MARCH 2005 -MET HUBBY IN US, STARTED DATING
May 2005- I-539 Denied
June 16, 2005- i-765 Denied....
NOVEMBER 2005 GOT ENGAGED
June 5, 2006 - returned to INDIA ( At this point my USC fiance and I were clueless about any bar!! and wanted to do things the traditional Indian way by "meeting my parents" first!!! -God I wish we knew better):rolleyes: :innocent:
December 2006- Got married in India, filed i-130 and 129F
July 2007- Got pregnant
April 2008- welcomed our Son into this world
May 2008- Our Son got his US passport in Mumbai:yay2:
July 7- UPCOMING k3 Interview......
Someone please help me. I know i have alot of technicalities in this case, and am asking for too much. I would most certainly be very thankful for any guidance.
Help
Zia 80