I-94 OVERSTAY - HELP

[Khajala88 0]

Hello, I have a question about the I-94 form...

My fiance came to the US at the beginning of this year and stood with me for approx. 8 months (He holds a tourist visa). When he entered the US he received an I-94 form which was obviously expired by the time he took a flight back to Argentina ( His I-94 form was valid for 6 months so he overstayed for 2 months ... 60 days approximately ).

He didnt surrender the form when he took his flight back to his home country and he even visited me again 50 days ago ago without a problem at the POE.

My question is... Considering the fact that he overstayed (according to the I-94 expiration date) for 60 days... is there going to be any problem/delay during the process of the K1 visa?

Any advice or comments are welcome.

Edited December 8, 2010 by Khajala88

[payxibka 10,045]

if there was going to be a problem they would not have let him back in on the second visit....

[baron555 934]

Hello, I have a question about the I-94 form...

My fiance came to the US at the beginning of this year and stood with me for approx. 8 months (He holds a tourist visa). When he entered the US he received an I-94 form which was obviously expired by the time he took a flight back to Argentina ( His I-94 form was valid for 6 months so he overstayed for 2 months ... 60 days approximately ).

He didnt surrender the form when he took his flight back to his home country and he even visited me again 50 days ago ago without a problem at the POE.

My question is... Considering the fact that he overstayed (according to the I-94 expiration date) for 60 days... is there going to be any problem/delay during the process of the K1 visa?

Any advice or comments are welcome.

shouldn't be a problem but do answer all questions, both on documents and at the interview, truthfully. USCIS will uncover the overstay and you may get additional procssing time while they vet it out, but since he did go back and was let back, may be a good sign.....at worst case you may get an RFE to explain it all and you will want to include a waiver of the overstay letter at that time.