Is my K-1 going to be accepted after an Overstay?

[Charlottedykstra1 0]

Hi everyone!

So i'm pretty new to this website and im desperately looking for some advice on this unique situation im going through. 

In November 2016 I was granted a 4 year F-1 visa to study in the states. I only completed about a year, and then I left school to take a semester off. My international adviser had told me that I could remain in the US until i returned to my schooling. Obviously that's not the case as I now know, and I ended up accidentally overstaying my F-1 visa by just under 4 months (Less than 180 days). This happened in May 2018. 

While I was studying I met my partner. 

We have since decided to get married and are beginning the k-1 visa process with the help of our lawyer. Its been two months since I have been denied entry into the states. 

So my question is, with my previous visa overstay how likely am i to get my k-1 visa?

[Rocko20 159]

They're definitely going to scrutinize your petition. All you can do is be honest, candid, and give it your bets shot.

[mcdull 474]

you will be fine.

[mushroomspore 3,043]

So you are back in your home country now? Overstay doesn't matter for US citizens' spouses. As long as you're truthful about your history in the K1 and AoS applications, you'll be fine.

[Jojo92122 1,924]

5 minutes ago, mushroomspore said:

So you are back in your home country now? Overstay doesn't matter for US citizens' spouses. As long as you're truthful about your history in the K1 and AoS applications, you'll be fine.

Overstaying 4 months is not a problem.  There's no ban.  This is the OP's situation.  It's not a problem for the K-1.

 

Overstaying does and definately matter for US citizens' spouses if they overstay for more than 6 months and are subject to a ban after leaving the US.  

[Leo1967 5]

On 7/23/2018 at 4:12 PM, Charlottedykstra1 said:

Hi everyone!

So i'm pretty new to this website and im desperately looking for some advice on this unique situation im going through. 

In November 2016 I was granted a 4 year F-1 visa to study in the states. I only completed about a year, and then I left school to take a semester off. My international adviser had told me that I could remain in the US until i returned to my schooling. Obviously that's not the case as I now know, and I ended up accidentally overstaying my F-1 visa by just under 4 months (Less than 180 days). This happened in May 2018. 

While I was studying I met my partner. 

We have since decided to get married and are beginning the k-1 visa process with the help of our lawyer. Its been two months since I have been denied entry into the states. 

So my question is, with my previous visa overstay how likely am i to get my k-1 visa?

My fiancee and I have an approved K-1 in June, 2018 and he overstayed for 3 years back in 2004.  We are expecting a denial at the interview and having to file a Waiver i-601 right after the denial as well as filing an extension request of the K-1 letter of approval.   Just be prepared for it in advance just in case the overstay comes up during the interview at the embassy.  It may not be an issue for you but then again, you never know so its best to be prepared.  Don't be discouraged and gather all you may need for a Waiver (i-601).  Good luck!