K3

[2 peas in a pod 0]

Hello,

My fiance overstayed his visa more than one year. We're worried about the 10-year bar and he is back home in Argentina.

We are really confused about which route to go. If I flew to his country and got married there, would it be easier to get a K-3? Or, should we try to obtain a K-1?

We haven't contacted a lawyer. Is this necessary?

Thanks for any help you can give us.

[Rhiannercakes 14]

If you are legally married, you can not go on the K-1 route.

K-1s are for fiances only, not married couples.

So your choices are K-3 or CR-1.

I myself am not sure of the difference, so you'll have to look it up.

[Jamaican JNR 2]

Hello,

My fiance overstayed his visa more than one year. We're worried about the 10-year bar and he is back home in Argentina.

We are really confused about which route to go. If I flew to his country and got married there, would it be easier to get a K-3? Or, should we try to obtain a K-1?

We haven't contacted a lawyer. Is this necessary?

Thanks for any help you can give us.

Why did he leave the US? if he had stayed then you could marry him, then file for him to adjust his status here in the us; the overstaying would not be a factor if he entered the country legally. Now that he is out, it is a different ball game. I do think that he will face a mandatory bar from the US for 5 - 10 years.

[2 peas in a pod 0]

If you are legally married, you can not go on the K-1 route.

K-1s are for fiances only, not married couples.

So your choices are K-3 or CR-1.

I myself am not sure of the difference, so you'll have to look it up.

I understand that part. But would it be easier to get a K-3 if we were married? We're concerned that the overstay will mess up our chances for a K-1. So, is it a better idea to get married and apply for K-1? Does the 10-year bar apply to both visas?

[2 peas in a pod 0]

Hello,

My fiance overstayed his visa more than one year. We're worried about the 10-year bar and he is back home in Argentina.

We are really confused about which route to go. If I flew to his country and got married there, would it be easier to get a K-3? Or, should we try to obtain a K-1?

We haven't contacted a lawyer. Is this necessary?

Thanks for any help you can give us.

Why did he leave the US? if he had stayed then you could marry him, then file for him to adjust his status here in the us; the overstaying would not be a factor if he entered the country legally. Now that he is out, it is a different ball game. I do think that he will face a mandatory bar from the US for 5 - 10 years.

We now see it was a mistake for him to leave, but that's the reality of the situation. I hope there won't be a mandatory bar, but thanks for your reply.

[thepizzadude 26]

I understand that part. But would it be easier to get a K-3 if we were married? We're concerned that the overstay will mess up our chances for a K-1. So, is it a better idea to get married and apply for K-1? Does the 10-year bar apply to both visas?

You cannot GET MARRIED and apply for a K-1..it is a fiance(e) visa.

Look here it may help: http://www.visajourney.com/forums/index.ph...mp;page=compare

10 year ban applies to everything that has anything to do with entry to the US if he is barred.

Edited September 7, 2009 by thepizzadude

[2 peas in a pod 0]

That link was helpful! Thank You!

[edp333 9]

I would suggest a consultation with an immigration lawyer or two to weigh your options.

From lawinfo.com

"Typically, if you overstay your visa for more than 180 days you will face removal proceedings to be deported from the United States. Additionally, if you overstay for more than 180 days but less than one year then you will be inadmissible to the US for three years beyond that time and if you overstay for one year or greater you will be inadmissible for ten years."