Will Overstayed Visit Affect K-1 Application/Approval????

[Gary / Elizabeth 0]

Thank you everyone for your replies

If anyone else has some advice or more info to share please do so -very much appreciated

Feeling a little bit more at ease (I've been online for -ohgosh- I don't even know how long but I haven't eaten and my stomach is hurting and yelling at me because I keep researching to calm myself down)

I Thank God for this site it is soooooo helpful!

Hello, I've just registered on this site, it has been really helpful so far! I am in a similar situation, I am from the Uk and myself and my girlfriend got engaged in November 2008. I was in the US under the Visa Waiver Program from July 08 until October 08 (90 days), went back to the Uk for 2 weeks then back to the US from 16th October to 18th December (64 days). They didn't really like the only going away for 2 weeks thing but let me back in anyway.

I have just got back to Scotland today and my Fiancee will be sending the K1 VIsa package off to VSC on Monday and this process looks like it could be over 6 months from what I have been reading. We were actually planning on getting married in the US on 26th June 2009 but this doesn't seem realistic now. I am wondering if I am allowed back into the US in 2009 under the visa waiver program while the K1 Visa is being processed and how long I am allowed to stay, can anyone answer this? Obviously I don't want to affect the K1 process, any help would be much appreciated!

Clark

As far as I know you can definitely visit your fiancee while the K1 is being processed, however it can be a bit difficult to get into the country due to the application.

check this post: http://www.visajourney.com/forums/index.php?showtopic=159723

Hope I was helpful!

Thanks, looks like I've made the newbie mistake of asking the most common question around, thanks for your help. (I started a new topic, will try and delete this now so as not to look follish!!!!!)

[spookyturtle 9,465]

Your overstay was less than 180 days, no waiver required.

[mrspimpinha 0]

Hello everyone!

I have the same question, so I didnt want to bother making up a new forum, I really need to know if an Overstayed Visit Affect K-1 Application/Approval????

I overstayed for 200 days, maybe less than this. When I noticed I was illegal I left the country. I Am brazilian and I have italian citizenship too. I thought It was ok to get back to USA with the italian passaport ( we dont need a visa with the waiver program) I thought I could make part of the waiver program, when I got in USA I had my entrance refused and they sent me back to Italy. ( they caught me bc the finger prints.) And, I didnt have the i -94 with me or the brazilian passaport, but they did know exactly when I left.

I have one question: I overstayed longer then 180 days, and I know it was a bad thing. I know my chances now are a little harder and it will take longer. But the refused entrance is called as deportation too? Will it affect my k1 approval??

Thanks in advance and good luck to everyone!

[payxibka 10,045]

Hello everyone!

I have the same question, so I didnt want to bother making up a new forum, I really need to know if an Overstayed Visit Affect K-1 Application/Approval????

I overstayed for 200 days, maybe less than this. When I noticed I was illegal I left the country. I Am brazilian and I have italian citizenship too. I thought It was ok to get back to USA with the italian passaport ( we dont need a visa with the waiver program) I thought I could make part of the waiver program, when I got in USA I had my entrance refused and they sent me back to Italy. ( they caught me bc the finger prints.) And, I didnt have the i -94 with me or the brazilian passaport, but they did know exactly when I left.

I have one question: I overstayed longer then 180 days, and I know it was a bad thing. I know my chances now are a little harder and it will take longer. But the refused entrance is called as deportation too? Will it affect my k1 approval??

Thanks in advance and good luck to everyone!

If your overtay was sufficient to incur a re-entry "ban" it will affect your K-1, as the "ban" affects all future visas. If so, a waiver will be required in order to get the visa issued. The "turnback" (not deportation) will not be an additional issue.

Edited January 27, 2009 by payxibka

[mrspimpinha 0]

Hello everyone!

I have the same question, so I didnt want to bother making up a new forum, I really need to know if an Overstayed Visit Affect K-1 Application/Approval????

I overstayed for 200 days, maybe less than this. When I noticed I was illegal I left the country. I Am brazilian and I have italian citizenship too. I thought It was ok to get back to USA with the italian passaport ( we dont need a visa with the waiver program) I thought I could make part of the waiver program, when I got in USA I had my entrance refused and they sent me back to Italy. ( they caught me bc the finger prints.) And, I didnt have the i -94 with me or the brazilian passaport, but they did know exactly when I left.

I have one question: I overstayed longer then 180 days, and I know it was a bad thing. I know my chances now are a little harder and it will take longer. But the refused entrance is called as deportation too? Will it affect my k1 approval??

Thanks in advance and good luck to everyone!

If your overtay was sufficient to incur a re-entry "ban" it will affect your K-1, as the "ban" affects all future visas. If so, a waiver will be required in order to get the visa issued. The "turnback" (not deportation) will not be an additional issue.

Do you know what kind of waiver? And one more question, can I do something to get my visa faster?

( my fiancee sent last week the I129. we just started with all the process!)

Thanks For your help!

[payxibka 10,045]

Do you know what kind of waiver? And one more question, can I do something to get my visa faster?

( my fiancee sent last week the I129. we just started with all the process!)

Thanks For your help!

there is nothing you can do to speed things up..... you have a long wait if the petition was just filed...

when the visa is refused it is then and only then can you apply for the waiver... you can educate yourself on the waiver process and how your consulate does it

[desert_fox 32]

The only thing is once the visa is processed...

-don't they have access to the CDN Border systems?

-once they check everything won't they be able to add up all the time and see the overstay?

??????

they don't have access to many pertinent US databases, so the chances of seeing a CDN database are fairly slim...

dont count on it. They record license plates on cars when you cross the border. If you fly, all information is sent to CBP before your flight lands in the US. When you return, the flight info is available. I would be very very surprized if the US and Canada do not share info on who is coming and going.

CBP has access to like 12 data bases.

[bladeskink 0]

Hello, I've just registered on this site, it has been really helpful so far! I am in a similar situation, I am from the Uk and myself and my girlfriend got engaged in November 2008. I was in the US under the Visa Waiver Program from July 08 until October 08 (90 days), went back to the Uk for 2 weeks then back to the US from 16th October to 18th December (64 days). They didn't really like the only going away for 2 weeks thing but let me back in anyway.

I have just got back to Scotland today and my Fiancee will be sending the K1 VIsa package off to VSC on Monday and this process looks like it could be over 6 months from what I have been reading. We were actually planning on getting married in the US on 26th June 2009 but this doesn't seem realistic now. I am wondering if I am allowed back into the US in 2009 under the visa waiver program while the K1 Visa is being processed and how long I am allowed to stay, can anyone answer this? Obviously I don't want to affect the K1 process, any help would be much appreciated!

Clark

When you went back for another 64 days did you take any "evidence of ties to the UK" with you and what did they ask you at immigration?

Thanks