3 year bar

[Jock-o 0]

I have a fiance that overstayed past the 90 days and we were not married within that time (I do not want to go into detail why here). She had to return to her home country to take care of a family member. My question is if she stayed past 180 days, when is the 3 year bar placed in effect? I have read that the bars are issued by immigration agents at the departure point and is up to their discretion at that time if the bar is given. When she left the US, there were no immigration agents there. She just boarded the plane and left. Did she get the 3 year ban or not?

[JimVaPhuong 4,863]

I have a fiance that overstayed past the 90 days and we were not married within that time (I do not want to go into detail why here). She had to return to her home country to take care of a family member. My question is if she stayed past 180 days, when is the 3 year bar placed in effect? I have read that the bars are issued by immigration agents at the departure point and is up to their discretion at that time if the bar is given. When she left the US, there were no immigration agents there. She just boarded the plane and left. Did she get the 3 year ban or not?

If she overstayed by more than 180 days and her exit was recorded (i.e., she surrendered her I-94) then she's got the ban. It's entered in her immigration records. They don't hand her any document when she leaves telling her she's banned. She'll be notified if she tries to apply for a visa or reenter the US.

[VanessaTony 3,567]

When did she enter the US on the K1? When did she leave?

The 180 days starts after her i-94 expires. So in total she would have been in the US for 9+ months.

While you don't want to discuss the reason you didn't marry here (which is your prerogative) you should be aware that she may be questioned a lot more this time because there was obviously (to them) something wrong with your relationship if you didn't marry in the 90 days and she then overstayed. She needs to overcome the assumption that she isn't just going to do that again, and prove your relationship is strong now.

[Jock-o 0]

Thank you for your informative responses. We both understand that she will be questioned heavily when she returns. In your opinion, would the process go quicker if I married her in her country and then file a K2 followed up with a waiver request when it gets denied?

[Penguin_ie 5,992]

The spousal visa is the CR-1, not K2.

CR-1 are s little bit slower, but waivers can be easier to get because by being married, they at least don't have to bworry about her overstaying the 90 days again.