I hope someone can help me out on this. I was out-of-status on an F-1 visa for over three months from September 15-2006-December 31-2006. I left the US when I found out that I was out-of-status after consulting a lawyer who asked me to leave immediately. I left on Jan 1, 2007. I then tried to re-enter on an F-1 visa again in Feb 2007, but was denied, reason given: possible immigrant.
I got married to my fiance, a US citizen in July 2007 and applied for the K-3 visa. We were approved and my interview is scheduled for May 6, 2008. I just wanted to know if my overstay would cause problems and would I need a waiver.

Thanks.

If you were out of status less than 180 days you should not need a waiver for that, however, the denial of entry--depending on what type--could need a waiver.

Were you turned down for a visa, or turned down at a POE? If just turned down for the visa, no problems.

Thanks so much for your help. I was turned down for the visa not POE. And I really hope being out-of-status for less than 160 days does not cause a problem.

180 is the magic number! You should be fine. Good luck :-)