Overstay visa in another country

[wolverine0307 0]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

[JimVaPhuong 4,863]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

The law does not specifically exclude aliens who are guilty of immigration violations in another country. On the other hand, this isn't going to help convince the consulate that she is going to abide by the immigration laws of the US. She should be prepared to thoroughly address this issue, as the consulate may be looking for any valid reason to deny her application. You might want to talk to an immigration attorney about this.

[Ed+Cindy 1]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

No one cares. I wouldn't bring it up.

However, if she is there illegally now, then the local US consulate may not process her, since you need to have lawful status in a country for the US consulate to process the visa.

Edited May 28, 2009 by Ed+Cindy

[Marina-Del 10]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

No one cares. I wouldn't bring it up.

However, if she is there illegally now, then the local US consulate may not process her, since you need to have lawful status in a country for the US consulate to process the visa.

Ed and Cindy are right! The US gov't doesn't care about illegal stays OUTSIDE of the US. You can still get the visa no problem. But, as JimVa points out, they can always ask questions and while it's not a reason (in and of itself) to be denied, it would be better to have a TRUTHFUL explanation planned out before you go.

However, as they said above, if she is illegal in Japan now, she might not be able to be processed at the US consulate in Japan. You'd have to check with the US consulate about that. Also, she might have trouble getting the police report from Japan while she is there illegally. A lot of countries, like Spain, will not let you get a police report if you are an illegal. Also, illegal stays (that are still continuing!) will NOT be on the police report! If they are on the police report than she would have been deported already!

And why will she turn herself into immigration? What's the point in that?

Edited May 28, 2009 by Marina-Del

[JimVaPhuong 4,863]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

No one cares. I wouldn't bring it up.

However, if she is there illegally now, then the local US consulate may not process her, since you need to have lawful status in a country for the US consulate to process the visa.

Ed and Cindy are right! The US gov't doesn't care about illegal stays OUTSIDE of the US. You can still get the visa no problem. But, as JimVa points out, they can always ask questions and while it's not a reason (in and of itself) to be denied, it would be better to have a TRUTHFUL explanation planned out before you go.

However, as they said above, if she is illegal in Japan now, she might not be able to be processed at the US consulate in Japan. You'd have to check with the US consulate about that. Also, she might have trouble getting the police report from Japan while she is there illegally. A lot of countries, like Spain, will not let you get a police report if you are an illegal. Also, illegal stays (that are still continuing!) will NOT be on the police report! If they are on the police report than she would have been deported already!

And why will she turn herself into immigration? What's the point in that?

He said she was going to get travel papers from the embassy, so I'm guessing she isn't going to be filing the visa application in Japan. Also, I'm guessing she's turning herself into immigration because it might be the only way she can leave the country.

[Marina-Del 10]

He said she was going to get travel papers from the embassy, so I'm guessing she isn't going to be filing the visa application in Japan. Also, I'm guessing she's turning herself into immigration because it might be the only way she can leave the country.

Oh, I see. And you're right. Some countries check your passports when you leave and some don't and I don't know anything about Japan.

Good luck to the OP!

[Gary and Alla 3,694]

What is the likelyhood of a person who has overtayed their visa in another country (Japan) still getting approved for a K-1 Visa for the U.S.. I am assuming it will be on the police report. She has been there for 8 years and is going to get travel papers from the embassy and then surrender herself to immigration there in Japan.

Thanks for your help.

The US does not care about overstays in other countries. Even if on the police report it will not be a disqualifying "offense"

Edited May 28, 2009 by Gary and Alla

[wolverine0307 0]

Thanks for the responses. I feel a little better.

Yes in Japan they check your passport so she has to go to immigration to leave the country. And she is trying to get back to PI so we can start the process of a K-1 visa.

Again thank you.