K1 Fiance Visa - Interview in May Juarez

[R32Bos 0]

First I want to say this is a great site and thank you for reading my post.

My fiance who is a Mexican national has her fiance visa interview in Juarez next month. I am going with her.

My questions are very specific and I will try to be as clear as possible.

My fiance overstayed her tourist visa by around 146 days and her tourist visa was canceled when she tried to re-enter. At the time, she did not even know the rules and had previously left voluntarily. I know from reading the posts and speaking to an attorney that she is still legally admissible on a k1 fiance visa because it was less then 180 days. I just want to confirm this??

I also need help regarding the following two questions that they might ask her during the interview -->

1) Did you have any immigration problems? I am not sure about this one, because technically she didn't have problems with Immigration. She was just denied entry by a Customs and Border protection agent who also canceled her tourist visa.

I am thinking her answer should be "My tourist visa was canceled because I overstayed by around 146 days". Is this a good answer?

2) Were you illegally in the United States? This is another trick question I think. I am thinking the answer should be the same as above. "My tourist visa was canceled because I overstayed by around 146 days". Is this a good answer?

I would greatly appreciate some feedback on this.

Thanks so much!

[malego77 2]

Yeah, I think that the answers will work. Anyway if she'll need a waiver the consul must tell her.

[R32Bos 0]

Yeah, I think that the answers will work. Anyway if she'll need a waiver the consul must tell her.

Thanks for the reply. My lawyer told me that she will not need a waiver because she overstayed by less then 180 days.

My understanding is that you need a waiver if you overstay by more then 180 days. Is this correct?

[R32Bos 0]

Yeah, I think that the answers will work. Anyway if she'll need a waiver the consul must tell her.

Thanks for the reply. She has been in Mexico for over a year. My lawyer told me that she will not need a waiver because she overstayed by less then 180 days.

My understanding is that you need a waiver if you overstay by more then 180 days. Is this correct?