fiance overstayed tourist visa

[PMc 0]

one more question for you guys...my fiance lived in the US for a total of 8 years with her

family when she was a minor. she just recently found out she overstayed her tourist visa

by about a year before she left to go back home after finishing high school. do you think this

will be a problem with us getting her a k-1 visa? just trying to avoid any potential problems

or headaches.

[JimVaPhuong 4,864]

Wait! She was in the US for 8 years, and went to high school here - on a tourist visa?

[Gary and Alla 3,694]

one more question for you guys...my fiance lived in the US for a total of 8 years with her

family when she was a minor. she just recently found out she overstayed her tourist visa

by about a year before she left to go back home after finishing high school. do you think this

will be a problem with us getting her a k-1 visa? just trying to avoid any potential problems

or headaches.

It WILL be a problem if she overstayed by more than 180 days AFTER her 18th birthday. You would have to request a waiver which may or may not be granted.

I am a little confused though. She was attending school here on a tourist visa? Are you sure it wasn't an F1 or J1 student visa? Not that it makes any difference about the overstay, unless it was a student visa with a two year residency requirement. If so, she would not be eligible for another visa until she had been back home for two years.

[PMc 0]

she was in the US with her family on a regular B2 visa valid for 10 years when issued. she has been back in her home country for 3 years now. she found out she had overstayed because the consulate officer brought it up when when she recently interviewed for a tourist visa.

[Gary and Alla 3,694]

she was in the US with her family on a regular B2 visa valid for 10 years when issued. she has been back in her home country for 3 years now. she found out she had overstayed because the consulate officer brought it up when when she recently interviewed for a tourist visa.

OMG! A B2 valid for 10 years does NOT mean you can STAY for 10 years!!!!!!!! Even her first green card would only be valid for 2 years!!! It means you can stay for the time they allow at entry and return and come back. Usually each visit is limited to 90-180 days maximum. It also does not allow work and I presume someone was making a living if they were here 8 years! Yikes.

Still, an overstay only counts if she was over 18, they will not hold it against her otherwise as she was a minor. Her family was WAY illegal!

[bora bora 1]

Her family wasn't on an I-20 were they?

[Chica Yeyé 41]

she was in the US with her family on a regular B2 visa valid for 10 years when issued. she has been back in her home country for 3 years now. she found out she had overstayed because the consulate officer brought it up when when she recently interviewed for a tourist visa.

Talk about --- the longer you are usually allowed to stay in the US with a tourist visa is what, 6 months??? I agree with Gary and Alla, her family was waaaay illegal. But if the overstay happened before she turned 18, she might have a chance.

[Bobby+Umit 161]

she was in the US with her family on a regular B2 visa valid for 10 years when issued. she has been back in her home country for 3 years now. she found out she had overstayed because the consulate officer brought it up when when she recently interviewed for a tourist visa.

Ah - a lot of visitors "assume" this to mean the visa means they can stay in the US for 10 years...

Good advice above - worst case - she will need a waiver for the ban, if applicable.