K1 after overstay and denial of entry

[mateinone 2]

I recently traveled to the US with the intention of spending 12 days with my girlfriend.

Previously I overstayed the 90 day limit by 18 days. I had issues with my kids and needing to go when they were booked, I knew I was getting close, but had not really paid attention to the actual dates at the time.

Anyway, when I traveled this time, I was refused entry at LAX. I was completely honest about everything with them, they asked questions such as whether or not I had a US Bank Account (I do, because it is far cheaper when I travel to transfer money at one hit rather than exorbitant fees for each transaction) which I answered yes. I guess they figured I was a potential overstay, despite the fact I have an extremely good job at home and would not be planning to just "give it up" out of nowhere.

Anyway... In light of having been sent back home (it used my return ticket), we have now started to discuss a) How do we now see each other and b) Should we consider getting engaged and going down the K1 visa route and if so, is it still eligible?

I was not at all told I was banned from the US, just that I could not enter on the VWP and that I needed to go and get a B1 or L1 Visa (I mentioned that work was considering transferring me at some stage as well) before re-entry.

I suspect that I am not 'banned' for any exclusion period for the 18 days, just that I need to fully justify any visit and that I will be put through the ringer. Whilst it was a little harrowing at the time, I don't particularly have an issue, border security is serious stuff and I understand wanting to make sure people are processed correctly, I know I want people processed correctly here in Australia as well.

Anyway... I am wondering if anyone here at all has information on this (please exclude just pure speculation as I can do that myself) or a similar situation.

Thanks very much

[Harpa Timsah 13,258]

You do not have a ban for the 18 days overstay, but you cannot use the VWP anymore because of that (you misused the program and are therefore no longer eligible). To visit, you would have to apply for a B2 visa.

For K-1 or other visa, there should be no issue - you were refused entry only because you were no longer eligible for the VWP. You would have to disclose that, but there shouldn't any other issue unless you lied or something else happened. You could apply for the B2 in the meantime. Good luck.

[Ryan H 3,810]

we have now started to discuss a) How do we now see each other and b) Should we consider getting engaged and going down the K1 visa route and if so, is it still eligible?

Answer to a): She visits you in Australia or you get a B2 (tourist visa) to come here.

Answer to b): If you decide to get engaged, refusal of entry on the VWP or refusal of a tourist visa will have no affect on eligibility to go the K1 path. Just be prepared to answer questions about it should it come up.

[canadian_wife 1,808]

Your 18 day overstay is the reason for your denial. Once you overstay the VWP you cannot enter again on the VWP, you'll need to apply for a tourist visa

As someone who was denied entry...twice, it doesn't affect future visas. You may have to explain it and disclose it and be honest about it!

Good luck

PS - you may apply for a toursit visa but expect the overstay to come up, as well as an L visa or k visa

[mateinone 2]

Thanks very much for your help here

[Brother Hesekiel 2,235]

Somebody should probably tell you that once you have a "history" of overstaying without authorization, you'll might have a difficult time getting any non-immigrant visa (with the single exception of the K-1) at all.

[Channah&Aaron 51]

; Hi!!

My entry got denied in Philladelphia May last year. And they told me I had to have a B2 Visa if I want to travel back to the US.

After 1.5 month, I passed my interview and they gave me my B2 Visa. I travelled back to the US right after (for 2 months july-aug) for Christmas and I'm in the US right now since March 4th.

All three times they took me apart for secundary inspection (ofcourse, if you have had your entry denied).