Overstaying in 1999 and now applying for K-1

[VJ76 0]

Hi all,

So glad that I have found this website and meeting so many people with great advices here. Well, I have an issue as now that me and my USC fiance are applying for K-1 visa, I'm very worried about my overstaying issue way back in 1999. I had overstayed in US for about 2.5yrs, tried returning to the States 3 months later with a 10 year valid B1/B2 visa but was refused entry. In 2006, tried to apply for student visa but was rejected. Had given up hope to return to the US and never expect to meet my true love who is a USC. Really need advise and appreciate if anyone would be able to assist. Thank you!

[Nicoco 26]

Hi all,

So glad that I have found this website and meeting so many people with great advices here. Well, I have an issue as now that me and my USC fiance are applying for K-1 visa, I'm very worried about my overstaying issue way back in 1999. I had overstayed in US for about 2.5yrs, tried returning to the States 3 months later with a 10 year valid B1/B2 visa but was refused entry. In 2006, tried to apply for student visa but was rejected. Had given up hope to return to the US and never expect to meet my true love who is a USC. Really need advise and appreciate if anyone would be able to assist. Thank you!

I think overstaying a visa is going to affect if you do a K-1. What country are you from? Perhaps going the CR-1 route would be safer.... not sure tho. But definitely it will hurt the K-1.

[VJ76 0]

Really? We have engaged an immigration attorney for the application and he is very confident that we will not have problems but I'm still worried. I hope to get some advice from someone who has the same issue. My overstaying issue happened in 1999 and I think i have served the 10yrs bar already. I'm from Malaysia.

[TimeTravel 78]

Really? We have engaged an immigration attorney for the application and he is very confident that we will not have problems but I'm still worried. I hope to get some advice from someone who has the same issue. My overstaying issue happened in 1999 and I think i have served the 10yrs bar already. I'm from Malaysia.

Yes, it has been 10+ yrs, so it should be okay but I think you should still look for waiver or some application that may require. Because even you have passed 10 years bar, but you still can be questioned at the time of interview.

[Nicoco 26]

Ah, so if 10 years pass then overstays are okay?

[VJ76 0]

Thank you both for the advice. Hope to get more Thanks!

[VJ76 0]

Hi all,

So glad that I have found this website and meeting so many people with great advices here. Well, I have an issue as now that me and my USC fiance are applying for K-1 visa, I'm very worried about my overstaying issue way back in 1999. I had overstayed in US for about 2.5yrs(from 1997 to 1999), tried returning to the States 3 months later with a 10 year valid B1/B2 visa but was refused entry. In 2006, tried to apply for student visa but was rejected. Had given up hope to return to the US and never expect to meet my true love who is a USC. Really need advise and appreciate if anyone would be able to assist. Thank you!

[payxibka 10,044]

theoretically you had a 10 yr. ban which appears time has been served.

[az110965 252]

Hi all,

So glad that I have found this website and meeting so many people with great advices here. Well, I have an issue as now that me and my USC fiance are applying for K-1 visa, I'm very worried about my overstaying issue way back in 1999. I had overstayed in US for about 2.5yrs(from 1997 to 1999), tried returning to the States 3 months later with a 10 year valid B1/B2 visa but was refused entry. In 2006, tried to apply for student visa but was rejected. Had given up hope to return to the US and never expect to meet my true love who is a USC. Really need advise and appreciate if anyone would be able to assist. Thank you!

You incurred a 10 year ban with your overstay which would have commenced on your date of departure in 1999.

You will be asked about the overstay at the K-1 interview. Be honest about the situation and be prepared to explain your situation.

Long story short, you've served your ban so you will most likely be ok for re-entry on a k-1. If you will be interviewing at an Embassy in a high fraud country you'd BETTER have solid proof of a bonafied on-going relationship to prove your immigration intention is for marriage.

Good luck.

[Penguin_ie 5,986]

***** two topics on the same subject merged. ****

[az110965 252]

I think overstaying a visa is going to affect if you do a K-1. What country are you from? Perhaps going the CR-1 route would be safer.... not sure tho. But definitely it will hurt the K-1.

Inorrect. The OP reeived a 10 year ban for the overstay and served it. If all other factors are met the OP IS eligible for a K-1 visa.

[VJ76 0]

You incurred a 10 year ban with your overstay which would have commenced on your date of departure in 1999.

You will be asked about the overstay at the K-1 interview. Be honest about the situation and be prepared to explain your situation.

Long story short, you've served your ban so you will most likely be ok for re-entry on a k-1. If you will be interviewing at an Embassy in a high fraud country you'd BETTER have solid proof of a bonafied on-going relationship to prove your immigration intention is for marriage.

Good luck.

Thank you so much for your advice!

[az110965 252]

Thank you so much for your advice!

No problem, but heed my advice about having SOLID proof of an on-going, legitimite relationship at the interview stage. The Consulate may want to see more proof than normal of your intent to immigrate for marriage.

This means more than 1 trip to see each other, differing photographs of the 2 of you together during different visits, letters from family and friends certifying the relationship, emails, phone records, etc...

Be prepared and you'll be fine.

[bigdog 376]

You're current validation of an on going relationship must me real solid at this point. I think they will be hard on that issue due to prior over stay.

[VJ76 0]

No problem, but heed my advice about having SOLID proof of an on-going, legitimite relationship at the interview stage. The Consulate may want to see more proof than normal of your intent to immigrate for marriage.

This means more than 1 trip to see each other, differing photographs of the 2 of you together during different visits, letters from family and friends certifying the relationship, emails, phone records, etc...

Be prepared and you'll be fine.

Yes, we do have all solid proof as this is a bona fide relationship. We have met 3 times within this 1.5 yrs and have collected lots of proof. I feel so much more secure with your advice Thank you once again!