Over Stayed Visa previous

[singer_michael33 0]

Good Afternoon,

My Gf soon to be fiance over stayed on her last visa due to being in pregnate and in labor.

Question A.)

- When i submit my packet, where should i annotate this infraction?

Question B.)

- Is this grounds for her Visa to be denied and what would be the process in explaining her situation of an official?

Any help would be great

[JohnR! 5,495]

You do not need to disclose this information unless you are asked specifically. However she will need to disclose it as part of her process further down the road. Depending on the length of her overstay she will need to obtain a waiver as part of the K-1 process, otherwise she will not be granted her visa.

Check out this link:

http://travel.state.gov/content/visas/english/general/visa-expiration-date.html#4

What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
• Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

Edited April 2, 2014 by Gegel

[marriott574 13]

It all depends on the length of the overstay. Did she leave by here own choic or was she removed/deported from the US.

[singer_michael33 0]

she left on her own

[KayDeeCee 4,904]

The I-129F petition does not ask for that information. I believe the DS-160 that she will submit for the K-1 visa interview asks about previous US travels.

[singer_michael33 0]

You are right, it does, now in the case of her actually having her son in the states while she was there and being medically unfit for travel as well as waiting on all documentation for her son such as social security card and birth certificate, would this be something to put. Also she was married at the time of her overstay and has since been divorced.

[KayDeeCee 4,904]

If asked why she overstayed, she simply states her reason truthfully.