CR1 or K1 possible w/ 5 months of overstay?

[ShinJay08 0]

First, thank you for clicking my post

My girlfriend visited the U.S. last year for about 50 days with ESTA visa waiver (2012. 1.31~ 2012. 3.24)

Then her second visit was at September last year, (2012. 09. 11) and staying till now.

She was allowed to stay for 3 months, now it has been about 7 months since then.

My first question is, the 'overstay period' counting starts from the day after first 90 days, right?

So, since she came last September and her 90 days ended last December, she's been overstaying for a little more than 4 months, right?

So, since her overstay is under 6 months, she is not banned yet. correct..?

The original plan was our marriage and green card for spouse. We waited for my citizenship and I recently became a U.S. citizen through N400.

But situation changed and she has to go back to Korea because of family issues..

My question is, if she leaves now, she is not barred but overstayed. Then could we apply for K-1 or CR1 for green card?

Thank you so much for your time reading this!! I'll appreciate any advice!

[Penguin_ie 5,988]

*** Moving from Bringing Family of greencard holders to general immigration ****

Yes, as she overstayed less than 180 days, there is no ban.

[ShinJay08 0]

Thank you for your reply,

Then, does anyone know if her overstay of about 4 months would affect CR-1 or K-1 application?