Father has been overstaying in the US, I'm applying for K1 visa

[7107 6]

Hi all,

I proposed to my long time girlfriend when she visited a month ago. We're finally engaged, sent our K1 visa-package and just got our NOA1 a few hours ago.

My dad has been in the US working as a nurse and has overstayed for almost a year now. I am wondering if his overstaying in the US has any effect on my application for the K1 visa.

Thank you

[Hank_ 9,173]

Hi all,

I proposed to my long time girlfriend when she visited a month ago. We're finally engaged, sent our K1 visa-package and just got our NOA1 a few hours ago.

My dad has been in the US working as a nurse and has overstayed for almost a year now. I am wondering if his overstaying in the US has any effect on my application for the K1 visa.

Thank you

No. What your father does will only affect your father.

[7107 6]

No. What your father does will only affect your father.

Thanks Hank, so there wont be any mention of that in the interview you think or will that have any effect at all? If I do get asked what do I say? I am not sure what his status exactly is but only that he is overstaying.

[Hank_ 9,173]

Thanks Hank, so there wont be any mention of that in the interview you think or will that have any effect at all? If I do get asked what do I say? I am not sure what his status exactly is but only that he is overstaying.

I doubt the embassy will ask, but if they do be honest... only state FACTS, not what you think is true or something you heard, so when you don't know for fact then answer accordingly.

[7107 6]

I doubt the embassy will ask, but if they do be honest... only state FACTS, not what you think is true or something you heard, so when you don't know for fact then answer accordingly.

I see. Many thanks Hank. Your resources and website has been invaluable.

Cheers!

[milimelo 4,234]

You as the beneficiary will complete DS-160. There is a section requiring you to list all relatives in the US (mother/father; sibling, fiance/fiancee) and their status. You will have to provide truthful information in there.

[7107 6]

You as the beneficiary will complete DS-160. There is a section requiring you to list all relatives in the US (mother/father; sibling, fiance/fiancee) and their status. You will have to provide truthful information in there.

At what point do I need to sign that form?

[milimelo 4,234]

At what point do I need to sign that form?

You fill it out before your interview at the embassy.

[Hank_ 9,173]

At what point do I need to sign that form?

It is an online form, you sign it electronically upon completion when submitted.

[Boiler 43,628]

VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

[Greenbaum 12,258]

7107, on 08 Aug 2014 - 8:54 PM, said:

Hi all,

I proposed to my long time girlfriend when she visited a month ago. We're finally engaged, sent our K1 visa-package and just got our NOA1 a few hours ago.

My dad has been in the US working as a nurse and has overstayed for almost a year now. I am wondering if his overstaying in the US has any effect on my application for the K1 visa.

Thank you

You have gotten some good information from others here. The MAIN thing you need to remember is be truthful in all your answers. As milimelo stated, you will have to state the facts when filling out the DS-160 form as you have known them to be. If asked at the interview, then answer the question with the facts as you know them. If you don't know the answer to the question, it's ok to say to the CO "I do not know".

This is a tuff situation you find yourself in. You're trying to do the right thing to get your visa and your father has made a mistake in overstaying his visa which puts you in a situation that you may need to divulge information against him. The right thing for your father to do is to get an immigration attorney, and get his status rectified. Of course, it will look more favorable on the two of you, if the process where actually moving through the adjudication stage when you have your interview. That would be a positive thing that the CO would consider. Just my two centavos.

milimelo, on 09 Aug 2014 - 02:29 AM, said:

You as the beneficiary will complete DS-160. There is a section requiring you to list all relatives in the US (mother/father; sibling, fiance/fiancee) and their status. You will have to provide truthful information in there.

Good recommendation. I forgot that it is listed on the DS-160.

[Al422 221]

When you sign the form electronically, you are still attesting to its truthfulness the same as if you signed it in ink.

Your father's illegal stay in the US is his sin, not yours, and it will not come back to haunt you. If they ask, just answer the question, e.g: .Q. "Is your father still in the US?", A: "Yes". Q: "Does he have a current visa?" A: "To the best of my knowledge, no."

None of these things are your sins and will not work against you. However if you give a wrong answer, knowing it to be wrong, that is visa fraud by you, even if all you want to do is protect your father. So don't volunteer any information; just give short and simple truthful answers to all questions.

And of course encouraging him to make himself legal would be a great choice as well, as that would benefit the entire family.

Edited August 10, 2014 by Al422

[Boiler 43,628]

Op made no mention of any route for her father to leagalise his situation.

[Hank_ 9,173]

- "to the best of my knowledge, no" ... hmmm... " I don't know." is the better answer. (saying NO is offering an opinion, not fact... "Just the facts ma'am." )

[Al422 221]

- "to the best of my knowledge, no" ... hmmm... " I don't know." is the better answer. (saying NO is offering an opinion, not fact... "Just the facts ma'am." )

My answer covers the possibility the OP's knowledge is dated. Maybe Dad saw a lawyer today and did not tell him about it.