i came to usa in sept 06 on f1 visa d/s stamp on my i94 was supposed to attend school but failed to do so due to my aunt refusing to pay for it so my sevis was left untouched as INITIAL i didnt leave right away i know it was a stupid decision to stay but i did it anyways, so i left 2 years later after having worked for my uncle and doing little babysitting for cash.i never had any problems with law nor was i detected to violate terms of visa so i dont haev any ban.now i d like to apply for k1 visa my fiancee is coming here to my house soon. so will i be charged with a misrep? i mean i didnt know my aunt wasnt going to pay and she and i got into an argument.all the papers were legit. thankyou
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can i be charged
- Thread starter soccer203
- Start date
First of all, I doubt you are US Citizen. Only US Citizen have the privilege of using the K-1 visa.
OP said she "left 2 years later" it would be her USC fiancee that would file for her.
F-1 students admitted D/S "Duration of Status" used to have a "get out of jail free card" type of situation but SEVIS ended that by tracking their status more closely. Now, regardless of the "D/S" on the I-94, DHS and DOS already KNOW of the failure to attend classes and that the status was violated and that the overstay happened. You might not be considered to have made a "misrepresentation" for which a relatively easy waiver is available, but instead subject to the 10 year bar for "unlawful presence". You overstayed more than a year after failing to attend classes. You would have to marry first in order to seek the difficult to obtain waiver UNLESS you have some "OTHER" qualifying relative already in the U.S. who would suffer exceptional extremely unusual hardship by your inability to enter the U.S. Not likely.