Overstay in another country, effect on K1 visa

[Ann Marie and Leo 9]

I have a friend who met a girl, who had overstay her visa in Taiwan, by 5 years or so. Turned herself in and returned home. When they apply (soon) for a K1 visa,one of the documents ask for is countries stayed in last 5 years, and she will note she was in Taiwan. I will guess they will then require a Police background check from Taiwan, where they will I am sure note her overstay. My question is has anyone on the board been through this (other country visa overstay), and was it a problem during the K1 interview process?

Thanks

[Fight for Love 98]

Wow I’m pretty sure it will. uscis do criminal background check. Over staying OR illegal immigrant is a big offense.

Better yet ask an (immigration) attorney’s advice...anyways most of the time people who are illegal immigrant here in the US as soon as they marry a US citizen they simple got away with that trouble/problem.

Good luck

Edited August 13, 2012 by takis

[Mogambi 96]

I highly doubt that immigration would report an overstay to the police. It's not a 'criminal' offense, she served no time, was never charged. One way to check, have her get her police clearance from Taiwan now. It will clearly say something, or it won't. At least then you'd know!

But I doubt it will be a problem. Overstaying a US visa is a big thing. But I doubt they care as much about overstaying in another country.

[LSnBigBear 61]

You have a good chance of getting approved for your I129F but when it comes to her interview in Manila and they review here passport and previous documents from Taiwan my guess there may be a problem. I petitioned my ex GF back in 2006 when I lived and worked in the Phils for just a tourist visa. She was approved but lucky for us at the time she had not over stayed when she visited UK and S Africa. They looked at her documents closely and asked her about her visits to the other two countries. If you can get to Manila with no issues then you can win this IMO. It may take some time if they reject her at that time though. Good luck...

[Mogambi 96]

My fiancé lived in Thailand and Kuwait for two years. All they asked her for was the police clearance from Thailand. No other questions about her stays there asked.

[cerebus407 16]

She'll be asked to get a police clearance. If she has a criminal record there related to the overstay, then it will be evaluated for ineligibility. In most countries, immigration violations are misdemeanors or even civil offenses so the overstay will be not lead to any ineligibility. I know a guy that was deported from Canada but got a spousal visa.

[madtownguy 164]

Wow I’m pretty sure it will. uscis do criminal background check. Over staying OR illegal immigrant is a big offense.

Better yet ask an (immigration) attorney’s advice...anyways most of the time people who are illegal immigrant here in the US as soon as they marry a US citizen they simple got away with that trouble/problem.

Good luck

This is only true if they came here legally. If they come illegally they must go back usually for 1 year as a type of punishment. The person will probably have to wait longer as a punishment even though it wasn't US. Most likely you will need to get married in Philippines, I would imagine it's easier to deny K1 than marriage.

[pearls 0]

.

Edited April 23, 2013 by pearls

[Bayman 65]

they  will only ask her to provide a police certificates from that country. uscis doesn't care about you overstaying in another country . remember overstaying on a visa is not a crime and it was outside U.S.A.

[Bayman 65]

On ‎8‎/‎13‎/‎2012 at 11:21 PM, Mogambi said:

I highly doubt that immigration would report an overstay to the police. It's not a 'criminal' offense, she served no time, was never charged. One way to check, have her get her police clearance from Taiwan now. It will clearly say something, or it won't. At least then you'd know!

But I doubt it will be a problem. Overstaying a US visa is a big thing. But I doubt they care as much about overstaying in another country.

US doesn't care on overstaying in another country when applying for K-1 visa or  CR-1 . They will only demand police certificate at the interview. they will never ask of being illegally in that country or not.

[Bayman 65]

correct. did she overstayed by then?

[Bayman 65]

On ‎8‎/‎16‎/‎2012 at 4:21 PM, cerebus407 said:

She'll be asked to get a police clearance. If she has a criminal record there related to the overstay, then it will be evaluated for ineligibility. In most countries, immigration violations are misdemeanors or even civil offenses so the overstay will be not lead to any ineligibility. I know a guy that was deported from Canada but got a spousal visa.

correct

[Cyberfx1024 7,978]

11 minutes ago, Bayman said:

correct

You resurrected a almost 7 year old thread and 2 years that haven't signed on since 2013. Please do not resurrect dead threads. 

[Bayman 65]

1 minute ago, Cyberfx1024 said:

You resurrected a almost 7 year old thread and 2 years that haven't signed on since 2013. Please do not resurrect dead threads. 

cool