My fiance has overstayed his I-94 visa! What issues will we encounter?

[Future Lezlie Quy 0]

Hello.... I am new to this so any help would be great.

I have what seems like a familiar case, but every case is different in their own way. So here is my situation and any help or advise would be greatly appreciated!!

I met my fiance a couple years ago, he is from the UK, I am a US born citizen. He flew to america in July 2011 on the I-94 visa, he returned home after staying with me for the three months that he was aloud (October 2011). We filed for the K-1 visa in November 2011. My fiance then returned to the US in November for another 3 months. He was to leave February 25, 2012 but he didn't. We had just learned of my father being diagnosed with cancer and he couldn't bare to leave me. We both knew that overstaying was not the best idea so we asked what would happen. We were told that he shouldn't stay longer than 180 days past his departure date of February 25. He is still here in the US and we received our approval of the K-1 visa in May. Just got a letter yesterday saying he will be receiving a letter for an interview within a couple weeks.

So.... my questions are:

What kind of ban if any do you see him getting if he returns before the 180 days?

Will his overstay effect him from getting approved for the K-1 visa?

If he does get approved for the K-1 visa, can they still ban him at the port from entering the US on a K-1 visa?

Or should we just marry while he is still in the US and file whatever form comes next? (what that would be I have no idea)?

Note: my letter stating we were approved for the K-1 visa said we had until August 15, 2012 to marry. If his interview gets approved in the UK, he will be returning to the US only having been out of the states for a couple weeks. Do you see this as an issue?

If anyone has any information or cases close to mine, I would love to hear your stories, advise, opinions!

Thank you so much!!

Jon & Lezlie

[C&Q 25]

Since ur petition was approved in May he will now need to go back to England for his medical and interview anyway. At the interview they will most likely ask him about the overstay and he needs to be completely honest about it. Since he didn't exceed the 180 days it will probably not be a big issue...

It would be a problem if he exceeded the 180 days. U would need to file a waiver which costs more money and takes quite some time.

Edited July 3, 2012 by C&Q

[ValerieA 350]

He won't need a waiver if he does not go over the 180 days. After waiting so long to get your K-1 interview, it would be a shame to start over from scratch, and file an AOS package for him to just stay here, although that option technically is open. Do a cost/benefit analysis, it will take 3-5 months for an AOS.

[canadian_wife 1,808]

Agreed with the above posters that he should not need a waiver, will need to travel back to the UK (he needs a medical there too so he should leave before his interview for the medical and police certificate if necessary)

Although it has happened, it is rare that he'll be denied at the POE and he shouldn't worry about that as long as he is truthful at his interview about his overstay.

I honestly wouldn't push it and piss anyone off, leave as soon as possible

Good luck

[Penguin_ie 5,993]

*** Moving from Work visa to K1 visa forum ***