VWP overstay - how will it affect K-1 visa?

[junagu 0]

Hullo.

I visited US in Oct 08 and overstayed VWP by less than 6 months (flat broke, out on the street).

Met my fiance but didn't marry and then left.

Tried to get back in, denied at POE, stamped and signed a form.

How does this affect the application for the K-1 visa?

Many thanks for help with this.

We realise that a lawyer is probably necessary.

[rebeccajo 14]

What was the date of your entry - exactly?

What was the date on your I-94W that you were supposed to leave by?

What date did you leave on - exactly?

[junagu 0]

What was the date of your entry - exactly?

What was the date on your I-94W that you were supposed to leave by?

What date did you leave on - exactly?

Entry - 13th Oct

I-94W - I think 12th Jan

Left - 28th May

[canadian_wife 1,808]

You said you signed a form, what form did you sign and what did it say? Did they write anything in your passport?

[junagu 0]

You said you signed a form, what form did you sign and what did it say? Did they write anything in your passport?

The form is titled "Record of Sworn Statement in Administrative Proceedings" and it's just a list of questions and answers. Most of it is just asking me my name and things, whether I have any claim to US citizenship, if I make any claims to citizenship other than the UK, so on and so forth (NO). And the only really relevant bit seems to be "you are being refused admission to the US under the visa waiver program. You are inadmissible under section 212 (a) (7) (A) (i) (I) of the INA as ammended. If you would like to return to the United States, you need to got [sic] to the Consulate and obtain a Non Immigrant Visa. Do you understand?" (YES)

In my passport they stamped in red:

refused

8 CFR 217.4 (a)(I)

with the date (14th Oct 09)

[canadian_wife 1,808]

212 (a) (7) (A) (i) (I) = http://www.americanlaw.com/exclude8.html

I wouldn't make any attempts to visit the US anytime soon and as long as you didn't misrepresent yourself and you didn't stay longer than 6 months I think you are Ok for the k-1

[Stephen + Elisha 92]

Had you applied and been pre-authorized through ESTA (Electronic System for Travel Authorization) as required for all VWP travelers from January 2009?

[junagu 0]

Had you applied and been pre-authorized through ESTA (Electronic System for Travel Authorization) as required for all VWP travelers from January 2009?

I certainly had. Made sure of that.

But they made us fill out the old green forms on the aeroplane anyway and said that the online thing is still in it's trial stage. Ho hum.