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tcxero

Tourist Visa Overstay

By tcxero in K-1 Fiance(e) Visa Process & Procedures

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
My fiancé overstayed her tourist visa by 180+ days last time she was in the US. Does anyone have any information if this will adversely affect our application for a K1? We are applying at the Peruvian embassy.

If the overstay was less than 3 years ago, the visa will probably be initially denied at the interview. You should have a waiver ready to submit at the interview.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

My fiancé overstayed her tourist visa by 180+ days last time she was in the US. Does anyone have any information if this will adversely affect our application for a K1? We are applying at the Peruvian embassy.

If the overstay was less than 3 years ago, the visa will probably be initially denied at the interview. You should have a waiver ready to submit at the interview.

Correct, also technically you apply for your K-1 visa at CSC, and interview at the embassy.

Good luck!

OUR TIME LINE Please do a timeline it helps us all, thanks.

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chuckandkim Proficient

chuckandkim   0

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

Overstayed Visa

Do a quick search... Your case will be in great difficult. My suggestion: spend the cash and talk to an experience attorney ASAP. Over 180-days overstay will trigger BANNING.

"You always get what you've always gotten if you always do what you always did."

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

My fiancé overstayed her tourist visa by 180+ days last time she was in the US. Does anyone have any information if this will adversely affect our application for a K1? We are applying at the Peruvian embassy.

If the overstay was less than 3 years ago, the visa will probably be initially denied at the interview. You should have a waiver ready to submit at the interview.

Correct, also technically you apply for your K-1 visa at CSC, and interview at the embassy.

Good luck!

The USC submits the petition to the USCIS. The beneficiary applies for the visa at the consulate (DS-156).

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Boiler Grand Master

Boiler   48,068

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
My fiancé overstayed her tourist visa by 180+ days last time she was in the US. Does anyone have any information if this will adversely affect our application for a K1? We are applying at the Peruvian embassy.

She will have a 3 or 10 year ban.

Assuming the ban is still current she will be refused at the interview and you will need to file a waiver showing extreme hardship to you.

See waiver section here or on www.immigrate2us.net, there are lots of examples of approved waivers on the latter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

YuAndDan,

No, visa applications are made to the Department of State.

A petition to USCIS is not a visa application, it is to qualify an alien to apply for a family-based visa. (Or employment based, as the case may be.)

Yodrak

..... technically you apply for your K-1 visa at CSC, and interview at the embassy.

....

 
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