I understand my question is long but I have tried to explain everything
in detail so my case makes sense and doesn't give you a headache :)
Good Afternoon,
I entered into United States on 15th August 2001 as an F-1 Student. I
went back to visit my family on May in summer 03 and returned to United
States on September 03. I was enrolled in my University till Autumn 03
and wasn't able to continue my education for various reasons and had to
discontinue. I was out of status from Winter/January 04 till I returned
to my country in October 06. My VISA expired on 30 April 05, I
Overstated more than a year. During my stay I was engaged, my fiancé had been
really helpful in my tough times and stuck with me through it. She lived
in Michigan and I was in Ohio.
Now the troubling part. In March 06 I was visiting my fiancé in
Michigan and was traveling from Columbus Ohio on Greyhound since my license
was expired and couldn't drive. At the Detroit Bus Station I was
approached by Border Patrol Agents and was asked to show my documents, I wasn't
carrying them they were in Columbus. They took me to the station and
checked if I were in United States legally. Everything came out good; I
had good Immigration History, no criminal record. However when agents
called schools admission office they told agents I was not enrolled in
school from Jan 04 to Marc 06 (then present time). I was detained at
Wayne County Jail and was told to appear in front of a judge. I had a court
date after a week. I told the Judge I was still in school because I
wanted to get of Jail ASAP, Judge said I had good immigration history and
no criminal record so she asked me to go to school and bring all
official transcripts and all supporting documents to the assigned immigration
officer so my case could be dismissed, I was released on Bond on March
26 006. Since I wasn't in school from Jan 04 to March 06 (then present
time) I couldn't bring in my school transcripts to prove I was still in
status. After about one and half month on May 14 2006 I received a
letter from INS to appear in court for my case on June 14 2006. Which I
failed to do so since I didn't have any supportive argument and documents,
and the decision was ruled against me "ORDER: THE RESPONDENT SHALL BE
REMOVED TO [HIS COUNTRY] OR IN THE ALTERNATIVE TO ON THE CHARGES(S)
CONTAINED IN THE NOTICE TO APPEAR". Charges were that I was out of status
and not enrolled in school from Jan 04 and overstayed more than a year.
I started saving money for my ticket so I could go home and don't see
Jail again. I left United States on October 07 2006 and was finger
printed as well at JFK. Immigration Officers didn't ask anything at the
airport if I had any arrest warrant (if I had one) or anything about the
case, they finger printed and stamped my passport.
Now the question:
I want to be with my fiancé, get married, start a family and a new
life. I do not now what procedure or steps should I take! I am thinking of
applying as an immigrant K1 fiancé VISA. But before that what steps
should I take so that my previous case doesn't affect fiancé VISA
application or if there is/are any other way/s that I should approach?
I understand I am taking alot of your time I would really appreciate if
you could help/advise me in this matter! Thanyou. |