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Guam PHL

Will an overstay in a foreign country (not a U.S. Visa) be a reason to be denied a K1 Visa?

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Filed: Country: Philippines
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Hello, I am new to this forum and this is my first post. My fiancé is a Philippine national and she will be applying for a K-1 Visa. We have been in our relationship for exactly 4 years and 5 months and we are now engaged. Since the beginning of our relationship, I have traveled to the Philippines 6 times to visit my fiancé within the last 4 years and 5 months as of the date of this post. I have tons of evidence (200 photographs of me and my fiancé, boarding passes, telephone call statements with calls to the Philippines, email, mail correspondences, and remittal receipts) as proof of us meeting within the last 2 years and our genuine relationship. I have not yet submitted a petition but I am currently in the process of preparing the I-129f Petition and its supporting documents. I feel confident that the petition will be approved without any problems. There is only one thing that concerns me and my fiancé. In the past, my fiancé lived in Japan under a Japan visa in which she had overstayed her visa in Japan. Her passport had expired at some point and time while in Japan and she renewed her passport while she was still living in Japan. She did not get caught, detained, then deported by the Japan immigration bureau nor was she arrested (I dont know if overstaying in Japan is a crime) and charged by the police for overstaying her visa . The details following her overstay is that she went to the Japan Immigration office and informed them that she had overstayed her visa and that she wants to return to her country. The immigration officer told her to return to the immigration office at a later date (date unknown). She returned to the immigration office at the specified date as instructed. The officer confiscated her expired passport which contained her expired Japan visa and gave her a travel document to travel back to her country. She purchased her airline ticket and departed Japan voluntarily and returned to her country. Ive have contacted three immigration attorneys in the U.S. regarding this matter over the telephone and all three of the attorneys didnt sound too sure and confident that they even know the correct answer to my question but they all did say that it shouldnt be a problem.

My question, concern, and biggest worry is, will the fact that my fiancé had overstayed her visa in Japan be a reason for the U.S. consulate to not issue a K-1 Visa to my fiancé even though she was not deported back to her country, she was not arrested for overstaying, she turned herself in to Japan Immigration, and she voluntarily departed Japan to return to her country?

If there is anyone in this forum whom is a former K1 Visa applicant and was in the same situation my fiancé was regarding to an overstay in a foreign country (Not an overstay in the U.S.) and your K1 Visa was not denied due to the reason of the overstay I would like to hear your feedback please. Thank you

Edited by Guam PHL

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Filed: Other Country: Philippines
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I think you will be fine. Only over-stay that the U.S. government is concerned about is IF it were in the USA.



Once at the actual visa application process in Manila your fiancee will need a police certificate from Japan if she lived there 6 months or longer from the age of 16 or older, so it may not be a bad idea to get started on that early as it can take some time to get this completed.






Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: Country: Philippines
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There's nothing wrong with the responses from other VJ members and I appreciate them for taking the time to respond back however, I feel a better response a person can receive is from someone whom actually went through the same situation I'm referring to.

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The only overstay you need to worry about is if it were an overstay in the US. Your fiancé doesn't have any overstays in the US so you have no issues.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

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Filed: Other Country: Philippines
Timeline

There's nothing wrong with the responses from other VJ members and I appreciate them for taking the time to respond back however, I feel a better response a person can receive is from someone whom actually went through the same situation I'm referring to.

Good luck with that.

Of if this is something you really need a factual answer on - contact the embassy... the personnel there may not of over-stayed in another foreign country but they will answer your question.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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