Didn't return i94w form. Can I apply for K1 visa?

[FrostyMist 1]

Thanks everyone for the replies.

I'm getting the feeling that so long as I make sure to keep evidance that I departed the U.S. on time (i.e. didn't actually overstay my visa waiver) then there should be no problems or delays with applying for the K1.

Also, if I understand correctly, the US are not going to worry too much because it'll look like I only overstayed by about 3 months.

I'll be returning my i94w form and the necessary evidance tomorrow, and I get the feeling that hopefully, if they don't process it in time, or make a mistake somehow, then I'll be able to explain everything at a later date during the k1 application process.

I just was worried that they'd have some database somewhere, enter my name, see I apparently was still in the country, and turn me down. I read that there are millions of people that end up not returning their i94w forms, so hopefully they'll be understanding that it happens. I just don't want to be treat harshly as an excuse to be turned down for my k1 application.

I'm surprised though:

The USCIS does not care about overstays.... their initial purpose is to determine eligibility to apply for a visa..

Aren't the USCIS the place where I'm supposed to send my i94w to? (ACS - USCIS, SBU department, London, Kentucky) Do they (the USCIS) not also deal with initial K1 petitions to apply? (I'm very much new to the whole k1 visa thing, so not too familiar yet with who does what)

Edited February 8, 2009 by FrostyMist

[Gary and Alla 3,696]

Hi, daboyz. Thank you for the link, but it's not quite the information I am looking for.

I already know that I need to return my i94w form to the ACS - USCIS, SBU department in Kentucky.

What I'm asking is whether it will delay my application for a k1 visa.

No.

File the I-29f as soon as possible. If it becomes an issue (I doubt it) show your travel documents to show you returned to your country. Whether or not you mail anything to Kentucky makes no difference.