Did I overstay? K-1 or K-3 which one is better for this case?

[JasonNamwan 0]

Hi, I have this worrying about my previous record which I'm not even sure I did overstay or not. I had a job in NYC and had the H1B visa for working permit many years ago, until September11,2001, my company closed down. I couldnt' find a new job but stayed there almost a year after that. Though, I did not overstay the date on my H1B paper(which is 2003) except I didn't continue working with my sponsor or any other companies. Now I'm back in Thailand for many years, and my fiancee in the US is going to apply K-1 for me so we can get marry there. I'm wondering if this will casue us any troble on K-1. If so, are there any ways to solve this problem? Am I on the 10-year-barred? I've heard about the waiver my fiancee can file if my interview isn't approved. Any chance at all?

One thing is my fiancee have a young daughter and can't move to Thailand. I'm wondering if we get marry in Thailand and apply for K-3 for me here, would this be easier and more chance to waive than K-1? Does it make any differences?

Anyone has experience with this case? Please help.

Thank you

Namwan

[Reba 2]

if you're inadmissable for a K1, you'd be inadmissable for a K3. There's no difference there.

check with an immigration lawyer to find out what your options are. If a waiver is necessary, it may just slow your process by a couple of months.

[Cindy&Kev 0]

Hi,

Give a look at this website http://www.immigrate2us.net/forum/.

[TracyTN 237]

I'm wondering if we get marry in Thailand and apply for K-3 for me here, would this be easier and more chance to waive than K-1?

Namwan

You would not apply for a K3 'there' in Thailand. Your fiance (then husband) would mail the petition papers into a service center in the US.