Previous J1 overstay and K1 visa

[M*M* 0]

Hi everyone,

My fiance and I are currently the process of petitioning for a K1. We met while I was studying abroad in California. The problem I'm having is that I may or may not have overstayed my previous visa, and I would like to know if this is likely to affect our petition. The expiry date on my visa was about 2 weeks after the expiry of my DS2019. I left the States before the date printed on my visa but about one week after the date on my DS2019. I've done some research and apparently because my I94 only said "D/S" not any specific data I should be OK. My mistake was innocent, as I thought that the expiry date on my visa was the day I had to leave, but now I'm not so sure. I am not subject to the 2 year rule and I intend to disclose my mistake at the consulate. Anyway, I'd be really grateful for any light you could shed on this situation, VJ is such a great resource and I thank you all for your help during this stressful process.

Thanks!

[L+T 71]

Hi everyone,

My fiance and I are currently the process of petitioning for a K1. We met while I was studying abroad in California. The problem I'm having is that I may or may not have overstayed my previous visa, and I would like to know if this is likely to affect our petition. The expiry date on my visa was about 2 weeks after the expiry of my DS2019. I left the States before the date printed on my visa but about one week after the date on my DS2019. I've done some research and apparently because my I94 only said "D/S" not any specific data I should be OK. My mistake was innocent, as I thought that the expiry date on my visa was the day I had to leave, but now I'm not so sure. I am not subject to the 2 year rule and I intend to disclose my mistake at the consulate. Anyway, I'd be really grateful for any light you could shed on this situation, VJ is such a great resource and I thank you all for your help during this stressful process.

Thanks!

If so, you may need waiver. Likely granted due to short time. Here is info on overstay and waivers.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#visa

(G) Student visa abusers.-An alien who obtains the status of a nonimmigrant under section 101(a)(15)(i) and who violates a term or condition of such status under section 214(l) is excludable until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

[Harsh_77 716]

If you have overstayed by 1 week it should not be a major issue.

[Boiler 44,860]

You need to have overstayed 6 months for a ban to kick in.

No more VWP, but that does not sound the issue.

[Dannyboy11 0]

I too was on a J-1 visa previously, and I think I may have stayed 31 days (1 day over the 30 day grace period) after the end date on my DS-2019. Would this adversely affect my ability to be granted a K1 visa?

Thanks