I am working on Packet 3 and filling out the DS-156 form and on one of the questions I have a violation when I lived in the US. It was working on a student visa and I was asked to leave. We hired an attorney and it was settled in court and I submitted some paperwork to the embassy in Melbourne when I arrived. Does this really hurt my chances of getting approval on the K1 when I answer yes

You must answer yes. Sure, it'll be an issue you'll have to address. But it's better than the ban you may face if it is found out you've lied on your paperwork.

Cass (bebop the great)

I really hope it won't hurt your chances for approval as my FH had to go thru the same process. We are still waiting for our NOA2. Keep posting updates. Best of Luck!

You must say yes regardless. If you choose to lie about it and they find out, you will most likely be denied and maybe banned for a while. Chances are that they won't pursue it any further at all if you are truthful about it.

What do you mean you were asked to leave -- were you deported? Was your work illegal because your student visa did not allow work? What was settled in court? What paperwork to you submit to the embassy in Melbourne when you arrived and why?

Review the visa ineligibilities here:
http://www.travel.state.gov/visa/frvi/inel...ities_1364.html. That will help you to understand if your K1 visa will be denied at your interview and whether or not you will require a waiver.

Whether or not answering yes will impact your K1 is not an issue - you have no choice but to answer truthfully - just read the form:

41. I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible.

No he wasnt deported.

he was asked to leave though. And he left.

Asked to leave by who? Was his visa revoked?

All of these things make a difference - no one can even attempt to help provide any answers without all of the information.

I accepted a voluntary departure I was not deported. My visa was not revoked. I had an attorney attend court to say that i had left and i went to the US consulate in Melbourne where they stamped a form to certify that I had left. I have proof of all this and will answer yes to that question

Voluntary departure does not require a waiver (you were not exactly "asked to leave" - you were going to be deported and they gave you the option to leave on your own).

Back to the original question - what was the "violation" - working without authorization?

Whether or not your visa will be denied and whether or not you will need a waiver depends on the original charge.

The truth shall set you free. Good luck.