Work Visa after overstayed K1

[tashyta 0]

Hello Everyone!

I have a situation that does not happen very often and hope you will help me with my question...

In 2007 I enteres USA with K1 visa. Never got married because my ex-fiancee had tons of issues with his business (after his service in Iraq) and he preffered them over me. I waited almost a year listening to his promisses and I was hoping for a miracle that we will finally get married. But eventually I left home in 2008 with overstayed K1 visa.

I got married and have a great job. The company I work at is planning to send me to USA for a business trip with all necessary letters (we have our main office in USA). Is there any chance that I will get work visa taking in account this situation?

Thanks a lot for all your help in advance!

[Operator 1,927]

If your overstay was less than a year and you were not subject to removal proceedings it would be a three year bar from entering the US. You may be eligible to file for a 212 (d)(3) waiver.

[Oksana & Max 94]

If your overstay was less than a year and you were not subject to removal proceedings it would be a three year bar from entering the US. You may be eligible to file for a 212 (d)(3) waiver.

Since the OP left at 2008 that is where the ban will start which would make it end in 2011. So it is possible that the OP will not need a waiver since the 3 years already passed.

Hello Everyone!

I have a situation that does not happen very often and hope you will help me with my question...

In 2007 I enteres USA with K1 visa. Never got married because my ex-fiancee had tons of issues with his business (after his service in Iraq) and he preffered them over me. I waited almost a year listening to his promisses and I was hoping for a miracle that we will finally get married. But eventually I left home in 2008 with overstayed K1 visa.

I got married and have a great job. The company I work at is planning to send me to USA for a business trip with all necessary letters (we have our main office in USA). Is there any chance that I will get work visa taking in account this situation?

Thanks a lot for all your help in advance!

You definitely will be questioned about that in the embassy. Make sure you have plentry of proof that you will return back and I think you should be fine.

[Operator 1,927]

Since the OP left at 2008 that is where the ban will start which would make it end in 2011. So it is possible that the OP will not need a waiver since the 3 years already passed.

Your math is better than mine!

[tashyta 0]

Since the OP left at 2008 that is where the ban will start which would make it end in 2011. So it is possible that the OP will not need a waiver since the 3 years already passed.

You definitely will be questioned about that in the embassy. Make sure you have plentry of proof that you will return back and I think you should be fine.

What kind of proofs you think I might need? I will definitely have my marriage certificate with me, also I guess the fact that I work for the company in my country will work...

[VanessaTony 3,567]

You say you waited "almost a year" for him to get his act together but I just want to confirm.. What was the date you entered the US? What was the date you left the US?

If you overstayed for a year it's a 10 year ban. If you overstayed less than a year but more than 6 months it's a 3 year ban.

You did eventually return to the US but you still have a history of overstay, even if there isn't a ban which CAN make it difficult for you to get any other visa to the US. You will need to show STRONG ties to your home country and seeing it's a work visa (rather than visitor) it should be a little easier. All you can do is try.

[tashyta 0]

You say you waited "almost a year" for him to get his act together but I just want to confirm.. What was the date you entered the US? What was the date you left the US?

If you overstayed for a year it's a 10 year ban. If you overstayed less than a year but more than 6 months it's a 3 year ban.

You did eventually return to the US but you still have a history of overstay, even if there isn't a ban which CAN make it difficult for you to get any other visa to the US. You will need to show STRONG ties to your home country and seeing it's a work visa (rather than visitor) it should be a little easier. All you can do is try.

According to the stamps in my passport, I entered USA on March 26th of 2007 and left on June 2nd of 2008. If I am counting everything correctly, my 90 days of K1 visa ended in June 29 of 2007. From this day I start to count days of my overstay... So I am very close to one year... I am not sure if they will be counting out days or hrs, etc...

[VanessaTony 3,567]

According to the stamps in my passport, I entered USA on March 26th of 2007 and left on June 2nd of 2008. If I am counting everything correctly, my 90 days of K1 visa ended in June 29 of 2007. From this day I start to count days of my overstay... So I am very close to one year... I am not sure if they will be counting out days or hrs, etc...

I used http://www.timeanddate.com to calculate that your I-94 expired on June 24th 2007. This means that your year would have been June 23rd 2008. You left on the 2nd June 2008 which means you are 3 weeks under the year so you would have had a 3 year ban that ended on June 23, 2011 meaning your ban is over.

[tashyta 0]

Hey Guys,

I am not sure what topic this requst belongs to, so I also posted similar question to 'Work Visa' forum. I just need to know if anyone had something like this or maybe heard anyone else had same situation....

Four years ago I've overstayed my K1 visa for a little bit less than a year. I've heard about ban in 3 and 10 years depending on the time of overstay... Since I came back in 2008, for now (in case I've counted 'a little bit less than a year' correctly) the 3-year ban should be technically over. Please advise if there is any chance that I might get work visa to USA. The company I am working for right now will be sending a request for a business trip to USA. What migh help me in getting approved? I am already married and I definitely will be returning home as soon as the business trip will be over...

Any response or advise will be very appreciated!

[tashyta 0]

I used http://www.timeanddate.com to calculate that your I-94 expired on June 24th 2007. This means that your year would have been June 23rd 2008. You left on the 2nd June 2008 which means you are 3 weeks under the year so you would have had a 3 year ban that ended on June 23, 2011 meaning your ban is over.

Well, 3 year ban is much better than 10 years, but still there is no confidence that I will be approved to get another visa... A lot of people from my company went to such business trip and some of them were rejected in work visa for no reason. I guess for now with all my unpleasant history I have less chances

[Sandra G. 5,096]

Have proof when you returned to your Country to show the Us Consulate. Sometimes they don't have in their records the time you left and if you don't have anything to prove probably they will send a request to Washington to find out when you left USA, and it takes months to have an answer. Do not omit the time you overstayed, because if they have in their records you will ban for life for misrepresentation. Show them boarding pass or activities in your bank account/credit card or employment proving when you returned to your home Country.

Edited March 19, 2012 by sandranj

[Penguin_ie 5,999]

*** two topics on the same subject merged. Please only post once on a topic, thanks! ***

[tashyta 0]

Have proof when you returned to your Country to show the Us Consulate. Sometimes they don't have in their records the time you left and if you don't have anything to prove probably they will send a request to Washington to find out when you left USA, and it takes months to have an answer. Do not omit the time you overstayed, because if they have in their records you will ban for life for misrepresentation. Show them boarding pass or activities in your bank account/credit card or employment proving when you returned to your home Country.

The only proof of my coming back home will be the stamp in my passport, however, since I got married and changed my last name, I will need to change the passport. I am not sure they will be returning my original passport back to me. So I will have only copy of this page. Besides, I am almost positive that they have all data in their system

Edited March 19, 2012 by tashyta

[Boiler 47,128]

Sounds more likely you would be applying for a B1 Business Visa, not a Work Visa.

No ban but with that history and the Consulate you have to go through, tricky.

[kzielu 1,154]

Hey Guys,

I am not sure what topic this requst belongs to, so I also posted similar question to 'Work Visa' forum. I just need to know if anyone had something like this or maybe heard anyone else had same situation....

Four years ago I've overstayed my K1 visa for a little bit less than a year. I've heard about ban in 3 and 10 years depending on the time of overstay... Since I came back in 2008, for now (in case I've counted 'a little bit less than a year' correctly) the 3-year ban should be technically over. Please advise if there is any chance that I might get work visa to USA. The company I am working for right now will be sending a request for a business trip to USA. What migh help me in getting approved? I am already married and I definitely will be returning home as soon as the business trip will be over...

Any response or advise will be very appreciated!

With such history and obvious immigrant intent (K-1) you'll have a very hard time ever getting a non-immigrant visa.