Another overstay question?

[Daryle & Rona 0]

My fiance had an overstay in South Korea a few years back. She is back in the Philippines and I like to apply for a K1.

 

My question is, would an overstay in another country hurt our chances for a K1 Visa?

 

TIA Daryle

[Crazy Cat 41,981]

Not in itself, no.

Edited April 27, 2022 by Crazy Cat

[Daryle & Rona 0]

2 minutes ago, Crazy Cat said:

Not in itself, no.

Hello SMSgt, May I ask you to elaborate. thank you BTW.

[Crazy Cat 41,981]

6 minutes ago, Daryle & Rona said:

My fiance had an overstay in South Korea a few years back. She is back in the Philippines and I like to apply for a K1.

 

My question is, would an overstay in another country hurt our chances for a K1 Visa?

 

TIA Daryle

Have you thought about a CR-1 instead?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

[Crazy Cat 41,981]

Just now, Daryle & Rona said:

Hello SMSgt, May I ask you to elaborate. thank you BTW.

Overstays in the US would create an issue if a ban was applicable....but the US doesn't apply a ban for an overstay in another country.

[Daryle & Rona 0]

1 minute ago, Crazy Cat said:

Have you thought about a CR-1 instead?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

Yes, we're actually debating between a K1 and CR1 still. 

[Daryle & Rona 0]

Just now, Crazy Cat said:

Overstays in the US would create an issue if a ban was applicable....but the US doesn't apply a ban for an overstay in another country.

That's what I thought. But they will stail ask her if she lived in another country and request for a police record there. It will say overstay with no arrest. I guess we still need to mention it.

 

[JeanneAdil 6,559]

1 hour ago, Daryle & Rona said:

That's what I thought. But they will stail ask her if she lived in another country and request for a police record there. It will say overstay with no arrest. I guess we still need to mention it.

 

yes,  u need the criminal report from there

what that country considers major issue we can't know

get that report and then u will have an idea

[Charlie Brown 302 22]

My fiance was deported for an over stay of a marriage visa in Korea and her police clearance from Korea was clean.

 

It did not seem to affect our interview today, the 28th. We had different issues which will be in a different thread.

[Daryle & Rona 0]

4 hours ago, Charlie Brown 302 said:

My fiance was deported for an over stay of a marriage visa in Korea and her police clearance from Korea was clean.

 

It did not seem to affect our interview today, the 28th. We had different issues which will be in a different thread.

Thanks for the info Charlie, I hope your other issue goes your way. May I ask how and where you obtained the Korean Police report? Also, did you report the overstay in Korea?

 

DG

[Charlie Brown 302 22]

Yes, we did report it.

 

For the police clearance, we went to the Korean embassy in Manila near Market Market on the C5 in Taguig City.