Early Questions - K1

[euphoria79 8]

My story is as follows:

In 2004 I overstayed a VWP by 11 months.

In 2008, I applied for a B1/B2 Visa to go visit my boyfriend, which was granted. (I disclosed the overstay to the consular officer, who said it was fine, as the 3 year ban had passed)

I travelled to the US in 2009. I was questioned at the border, but they let me through, granting me a stay of up to 6 months, and giving me a stern warning not to overstay again. I came home after 4 months, which was unchanged from what I had said to the CBP officer.

I recently applied for a B1/B2 visa again, but was denied, on the grounds of the previous overstay (which was now 6 years ago) and that I was going to visit my boyfriend again, and that it was "too risky". I asked what the difference between last time and this time was, and the consular officer said that "a mistake" had probably been made last time, at which point I thanked him for his time, and left.

My boyfriend is now travelling here to visit me in June, since I can not make the trip to see him.

We have been discussing getting married at some ... indefinite time in the future since the visa refusal. At this stage we aren't entirely sure whether we want to stay in Australia or the US, all we know is that we do want to be together. We have been looking at the different visa's available for each. We have no definite plans as yet to get married, as I am still finishing off my degree.

My question though, is ... does the previous overstay, and B1/B2 refusal this year hurt our chances of obtaining a K1 visa, and limit us to staying in Australia? We wouldn't be looking to pursue this process until at least the end of this year.

Edited April 9, 2010 by euphoria79

[pushbrk 14,567]

My question though, is ... does the previous overstay, and B1/B2 refusal this year hurt our chances of obtaining a K1 visa, and limit us to staying in Australia?

No.