Has anyone previous overstayed got the K-1 Visa?

[nihaoma18 0]

Hi all, my fiance previously overstayed for couple of days, and was denied at entrance last time she came to visit(2.5 years ago). It is in her record now, i'm applying for her fiance visa, we got out interview on April 20th, will the couple days of overstays effect anything?

Thank you all.

[Martyshk 137]

Hi all, my fiance previously overstayed for couple of days, and was denied at entrance last time she came to visit(2.5 years ago). It is in her record now, i'm applying for her fiance visa, we got out interview on April 20th, will the couple days of overstays effect anything?

Thank you all.

Was she denied exactly because of an overstay?

Consult with a lawyer. Some people here might give you more insight on this, but I think you will see lots of "consult with a lawyer" advice.

[Penguin_ie 5,994]

If there is only a two day overstay, that should not affect the K1 visa, as the ban only kicks in at 180 days.A few more questions at the interview maybe, but that should be it. The problem arises if there is something else attached to the overstay, such as deportation, missrepresentation or similar. Did they give her any paper or write anything in her passport when she overstayed or was refused entry?

[nihaoma18 0]

she went to visit me 2.5 years ago, she got refused at the entrance...they held her and questioned her...they had records of the conversations, tne reasons was she overstayed previous time for couple of days, that's all...

[Nik+Heather 121]

An overstay of less than 180 days should not effect the K-1 petition. Also, if she was denied entry "without prejudice" as in - they simply suspected her of immigrant intent, or, they thought she had been here too long in a short amount of time and denied entry - but NOT because of misrepresentation, then the denial of entry should also not affect her K-1 petition.

[RinoGattuso 0]

An overstay of less than 180 days should not effect the K-1 petition. Also, if she was denied entry "without prejudice" as in - they simply suspected her of immigrant intent, or, they thought she had been here too long in a short amount of time and denied entry - but NOT because of misrepresentation, then the denial of entry should also not affect her K-1 petition.

Hello, so obviously she didnt need to file a i-601 waiver form right? I have an overstay of 51 days on a B1/B2 visa but after that i was able to come back with the US like in 7 occasions for short periods of time, never been denied.

Also, according to form DS-156, question 38, bullet #4:

Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?

Is that a YES or NO answer?

Any advice is appreciated

[Boiler 45,690]

Easy,

Yes

I am sort of surprised they gave you another B2 after you voided the first one with the overstay.

[RinoGattuso 0]

Easy,

Yes

I am sort of surprised they gave you another B2 after you voided the first one with the overstay.

They didnt gave me another B2 visa, I overstayed my 'permit'/i-94 form, and I used the same B1/B2 to cross into the US again in 7 occasions after the overstay without a problem

Regards

Edited January 6, 2011 by RinoGattuso

[Boiler 45,690]

Hopefully it will not come back yo bite you.

[RinoGattuso 0]

Hopefully it will not come back yo bite you.

What do you exactly mean? , hehe

[Dannyboy11 0]

If there is only a two day overstay, that should not affect the K1 visa, as the ban only kicks in at 180 days.A few more questions at the interview maybe, but that should be it. The problem arises if there is something else attached to the overstay, such as deportation, missrepresentation or similar. Did they give her any paper or write anything in her passport when she overstayed or was refused entry?

Penguin, would a k1 beneficiary get asked about an overstay of a few days at an embassy interview... or would it come up in the NVC background checks?

Thanks

[Penguin_ie 5,994]

It may come up at NVC stage, but you will never know, as they will not ask you about it- they just check facts and pre-screen.

*** closing zombie thread. Usualy best to ask your own questions in your own thread *****