immagration Help!

[Sean&Dawn19 0]

Hi, I'm in the UK. I met my girlfriend when I was visiting the US on the vwp last year. She's going through a divorce right now but she's coming to see me in August. I lost my passport and over stayed but about a month which means I can no longer use the vwp. We talked about a k1 visa or a marriage certificate visa but there's a few things we're concerned about. 1st she's 20 years older, second I have a criminal damage charge from when I was In the Army in 2011 I got fined £350 for, and another one from march 2017 which I was cautioned for, I was under the influence of alcohol when both of them happened, and lastly tho it was a genuine accident would my vwp overstay effect it, I reported the passport lost the day after it happened and had to get an emergency passport to fly home. And should we use a fiance visa or marriage visa when we put in for it? How likely is it our visa will get denied? 

We're both in love please help! 

Edited May 31, 2018 by Sean&Dawn19

[Roel 7,191]

1. You cannot file anything until your girlfriend will be officially divorced. 

2. Age gap might be a red flag. 

3. Your overstay won't affect an a immigrant visa. 

4. You have to disclose all your criminal past and provide documents from the courts. 

5. Are you native to UK or do you reside their on some visa? Your origin country will matter. 

6. It's entirely up to you if you prefer k1 or cr1 visa. For cr1 visa your partner will have to come to you and get married outside of the US. 

[Sean&Dawn19 0]

Thank you! 

I'm a British national and I'm in England, and thanks for the quick response.

[Sean&Dawn19 0]

Also is it possible to use a joint sponsor on a k1 visa?