overstayed esta - now applying for K3 can I get a B2 while I wait

[florabainbridge 0]

hello, 2 weeks ago I married my American Husband, on sunday we flew back to the states together me on an esta as I was going to start paper work then return to finish it. but on arrival I got denied entry, one stay last year was 91 days, I had no idea I had over stayed, now we are applying for the K3 visa but the turn around isn't that quick. Does anyone know the likelihood of me being granted a B2 visa so I could visit my husband at least, married less than two weeks it would be nice to see him. I am really worried they will just deny me entry again and I cant go through that again. any help would be seriously appreciated, this is not how I planned on start my marriage.

Thanks in advance.

Flora

[julis82 10]

I think you can't visit him in the US while waiting on K3, he will have to go visit you.

Edited November 4, 2016 by julis82

[Rc123rc 528]

1) K3 Visa is obsolete. CR-1 since you are married.

2) Yes, there is a good chance you will be denied for a tourist visa but you can apply for the B2 and see.

[Georgia16 2,858]

Really doubt there is any visitor visa for you since you overstayed (even by one day) and got denied entry for it, but you can always try!

As said above they don't really do K-3 anymore so you are looking at the CR-1 visa which takes about a year so get your husband to file the papers quickly so you can get started.

[florabainbridge 0]

According to the embassy I can still get a K3, is there something I dont know?

According to the embassy I can still get a K3, is there something I dont know?

[afortunada 182]

According to the embassy I can still get a K3, is there something I dont know?

According to the embassy I can still get a K3, is there something I dont know?

You have to file for K-3 at the same time that you file for the I-130 (which is for the CR-1 spousal visa). The catch is that once the I-130 is approved, the K-3 becomes invalid and you can't use it anymore, and they tend to approve the I-130 and K-3 at the same time. You are welcome to file for the K-3 but it is just a way for them to take your extra money and get your hopes up for nothing.

Edited November 4, 2016 by jacklynriquelme

[JenniferNangel 137]

According to the embassy I can still get a K3, is there something I dont know?

According to the embassy I can still get a K3, is there something I dont know?

I was going to do k3 also but it takes longer and cost more money. If I remember correctly it would be a 3 year process but I could be wrong. The quickest process is dcf but not every embassy allows it and there are resistance requirements from the USC

[Jojo92122 1,924]

According to the embassy I can still get a K3, is there something I dont know?

According to the embassy I can still get a K3, is there something I dont know?

The K3 was created when it took 2-3 years for a USC to file for a spouse. The K3 was a shortcut.

Today, the spousal visa takes 6-12 months which renders the K3 "obsolete."

To file the K3, the petitioner must also file for a spousal visa with a I-130. Once the I-130 is approved, the K3 is administratively closed because it's no longer needed.

It's rare for a K3 to be issued since the I-130 approval usually happens quickly (relatively speaking).

[Cyberfx1024 7,980]

Once you overstayed even by that short of time you pretty much gave up being able to get a tourist visa as well.

[belinda63 3,038]

An overstay of one day normally would not be that big of an issue other you must apply for a tourist visa. But with an American spouse your chances of getting a tourist visa are lessened. Better he comes to visit you.

[Hypnos 6,576]

Any B-2 visa you applied for is unlikely to be granted for at least a year or two, by which time you could already have received a CR-1.

You are married to a US citizen which makes it more difficult on top of that.

If it were me I'd probably apply for a CR-1 and then apply for a B-2 in the knowledge that most likely it was going to be denied. If it was, I'd then focus my attention on the CR-1.

[JFH 12,190]

*~*~*moved from "bringing family members of LPRs" to "tourist visas" as OP is requiring as to the likelihood of getting a B-2 after overstay*~*~*

[JFH 12,190]

I don't know how anyone could unknowingly overstay, given that the date is stamped in the passport on arrival. But that's by the by.

You have a couple of obstacles now with getting a B-2. You have an American husband, you have previously overstayed and you have demonstrated that at some point you intend to immigrate (as you are starting the CR-1 process). Visiting is a privilege, even for those of us married to USCs. Always think of it this way - would you lend your car again to someone who had previously misused it? Probably not.

I'd be careful about your number of days too. You say you had one stay of 91 days last year. What about your other stays? We are looking at possibly another obstacle here in that you don't appear to have strong ties to the UK. Job? No strong ties alone are not usually a problem. I don't own property here, or a car. I just rent a room and have no family. And I have always been granted entry but I do have a job that I always come back to. The VWP is for visits, not living in the USA in 90-day instalments.

Edited November 4, 2016 by JFH

[Boiler 45,658]

No harm trying, CR1 first and make sure you take plenty of evidence of strong ties, good job etc etc.

[Cathi 5,771]

K-3 visas are rarely, if ever approved any more. Your path is a CR-1