overstayed visa

[dora_david 0]

Hi guys..i have a question... I ve been in USA with a K1 visa and after i meet my fiance we had pland on getting married there..our problem was that his divorce was not finalised yet, and i wanted to wait...so i did a mistake..i overstayed my visa...with 2 months...i heard that the k1 visas denials are usualy if u overstay a visa or u have some criminal records...will the overstay visa can deny my k1 visa? i overstayed because we wanted to get married and we needed more time. will i be ok? im scared...thank you

[JoeMama 0]

Hi guys..i have a question... I ve been in USA with a K1 visa and after i meet my fiance we had pland on getting married there..our problem was that his divorce was not finalised yet, and i wanted to wait...so i did a mistake..i overstayed my visa...with 2 months...i heard that the k1 visas denials are usualy if u overstay a visa or u have some criminal records...will the overstay visa can deny my k1 visa? i overstayed because we wanted to get married and we needed more time. will i be ok? im scared...thank you

How did you get here on a K-1 Visa if your fiance' was not fully divorced and free to marry you? I thought it was requirement before a visa was approved for the beneficiary. Are you sure it was a K-1 Visa you entered the U.S.?

Edited March 16, 2007 by altimixdj

[Ngoc-Anh 1]

Hi guys..i have a question... I ve been in USA with a K1 visa and after i meet my fiance we had pland on getting married there..our problem was that his divorce was not finalised yet, and i wanted to wait...so i did a mistake..i overstayed my visa...with 2 months...i heard that the k1 visas denials are usualy if u overstay a visa or u have some criminal records...will the overstay visa can deny my k1 visa? i overstayed because we wanted to get married and we needed more time. will i be ok? im scared...thank you

How did you get here on a K-1 Visa if your fiance' was not fully divorced and free to marry you? I thought it was requirement before a visa was approved for the beneficiary. Are you sure it was a K-1 Visa you entered the U.S.?

I was wondering that too but I guess she meant that she overstayed her tourist visa to wait until he was finally divorced. And now she is concerned about the application for the K1. Pls correct me if I am wrong.

[dora_david 0]

ohhhhh...im sorry i was j1 visa..im thinking too much about my k1 visa...sorry is J1

[JoeMama 0]

ohhhhh...im sorry i was j1 visa..im thinking too much about my k1 visa...sorry is J1

I hate to say it. But it looks like you entered the U.S. under a tourist visa with advanced knowledge and plans to marry your fiance(e). It's going to be perceived as potential visa fraud by most people. Did you enter the U.S. first and then met your fiance(e) after entry? Or did you know your fiance(e) before and discussed getting married with your fiance(e) before you entered the U.S.?

I am sorry to ask these questions, but the more honest information you provided, the more honest answers you can receive.

Edited March 16, 2007 by altimixdj

[dora_david 0]

i enter US with j1 visa as au pair and i meet my fiance there...we never meet before. we started our relationship there and i overstayed because we wanted to get married but he dididnt had the divorce finalised..and now im wondering if i will not have problems because i overstayed

[rebeccajo 14]

First you need to check and see if your J1 has a requirement that you return to your country for two years before ANY other type of visa can be issued to you.

[dora_david 0]

i did and that rule dose not apply..i dont have to stay 2 years home..but will i get my visa denied beause of my overstaying?

[JoeMama 0]

i enter US with j1 visa as au pair and i meet my fiance there...we never meet before. we started our relationship there and i overstayed because we wanted to get married but he dididnt had the divorce finalised..and now im wondering if i will not have problems because i overstayed

Thank you so much! If some things are not clear or understood, it gets pulled all out-of-context and starts arguments in these forums. It goes off the topic of your question and then people start saying insults if all pertinent information isn't known to give you legitimate responses to your question. Remember, the advice you get from here, should be researched to make sure it's legitimate. Most of us here, are not immigration lawyers. We are people who are all reaching for the same goal...to be with our loved ones here in the U.S.

How long have you overstayed your original visa? Is there a date when you see your fiance(e)'s divorce to be final?

[AUBGER 0]

i enter US with j1 visa as au pair and i meet my fiance there...we never meet before. we started our relationship there and i overstayed because we wanted to get married but he dididnt had the divorce finalised..and now im wondering if i will not have problems because i overstayed

I've been on the J-1 visa 3 times for the work-travel program. In my case the visa was valid for 4 months but it gave me the right to legally overstay one month for touristic purposes. If you have a J-1 visa with a DS-2019 (or something like that) you should have the same and i'm not too sure wat would be the consequences of 2 months overstay. Where are you right now? US or ur home country?

In any case there is really nothing u can do other than trying to apply anyways.

[rebeccajo 14]

Any overstay of more than 180 days can cause problems.

[dora_david 0]

Im sorry i was not clear enough.. I overstayed for 2 months and i came back in my country..now im home in Romania, we apply now for k1 visa because he is getting his divorced signed soon..(he is waiting for her signature)..

[AUBGER 0]

Im sorry i was not clear enough.. I overstayed for 2 months and i came back in my country..now im home in Romania, we apply now for k1 visa because he is getting his divorced signed soon..(he is waiting for her signature)..

Pai daca esti in Romania de ce n-ai suna consulatului statelor unite sa-i intrebi? Nu trebuie necesar sa te prezinti cind le suni Eu stiu sigura ca 1 luna nu-i problema...mai multe ar putea sa fie dar n-ai de ce sa-ti fie frica...apply si hope for the best

Sorry...got carried away with romanian...advised her to call the embassy and ask maybe they'll know or to apply since there is really nothing she can do but try

[JoeMama 0]

Im sorry i was not clear enough.. I overstayed for 2 months and i came back in my country..now im home in Romania, we apply now for k1 visa because he is getting his divorced signed soon..(he is waiting for her signature)..

Personally, I don't think a 2 month overstay is going to be very serious at all. You're back in Romania now which was the best thing to do before heading for your K-1 visa. I would suggest heading forward for with your K-1 plans and having him send in all the required paperwork only AFTER your fiance(e)'s divorce is FINAL! I would use this time to gather to help him start gathering all the evidence of your meeting each other, etc.

By the way, I would love to visit your country some day! Eastern Europe is absolutely beautiful!

[AUBGER 0]

Im sorry i was not clear enough.. I overstayed for 2 months and i came back in my country..now im home in Romania, we apply now for k1 visa because he is getting his divorced signed soon..(he is waiting for her signature)..

Personally, I don't think a 2 month overstay is going to be very serious at all. You're back in Romania now which was the best thing to do before heading for your K-1 visa. I would suggest heading forward for with your K-1 plans and having him send in all the required paperwork only AFTER your fiance(e)'s divorce is FINAL! I would use this time to gather to help him start gathering all the evidence of your meeting each other, etc.

By the way, I would love to visit your country some day! Eastern Europe is absolutely beautiful!

I would totally agree with u. It is not too big of an overstay and she's back...already two pluses