K1 or K3 after VD from IJ and visa overstay

[greco 0]

Entered the US with B2 visa in 2001 overstayed ten years, got caught by border patrol driving on I 95 and pulled over for Discrimination (hispanic looks),I have faced Removal Proceedings,requested to see immigration judge with 10 days, Clean record, only out of status at the time.Judge granted me Voluntary Departure on my first Court Hearing.. I have left the US on time under a grant of Voluntary Order .All I need to know if my fiance should apply for K1 or k3 because I have spoke with a Attorney and he said if she files for K1 they going to Deny a waiver on the day of my interview in Brazil because that visa is a nonimigrant visa

and if she comes here and we get married we are relative and then a waiver is going to be available for me.Is it True? or K1 with waiver still an option for me?

I do know that I will need to file a I 601 waiver because of the overstay on mi visa even though I left under safe guard and Voluntary Departure thanks everyone

[Ryan H 3,821]

Doesn't matter if a fiance(e) visa (K1) or a spousal visa (CR-1) is petitioned for on your behalf, you have a ban because of the overstay and will require a waiver.

[Bryan and Isabel 29]

Why is border control on I-95???

[belinda63 3,041]

A waiver is usually much easier to obtain as a spouse than a fiance. Better to get married first then give it a shot. If you can afford it have an attorney file the waiver although the other paperwork you can do yourself.

[Michell 3]

Entered the US with B2 visa in 2001 overstayed ten years, got caught by border patrol driving on I 95 and pulled over for Discrimination (hispanic looks),I have faced Removal Proceedings,requested to see immigration judge with 10 days, Clean record, only out of status at the time.Judge granted me Voluntary Departure on my first Court Hearing.. I have left the US on time under a grant of Voluntary Order .All I need to know if my fiance should apply for K1 or k3 because I have spoke with a Attorney and he said if she files for K1 they going to Deny a waiver on the day of my interview in Brazil because that visa is a nonimigrant visa

and if she comes here and we get married we are relative and then a waiver is going to be available for me.Is it True? or K1 with waiver still an option for me?

I do know that I will need to file a I 601 waiver because of the overstay on mi visa even though I left under safe guard and Voluntary Departure thanks everyone

If it helps, i am in the same situation. My soon to be husband had a B1 visa and it was taken away at the border. We consulted with an immigration lawyer and he has said the same thing as the other comments above. It is better to get married in your country and apply for the CR-1 instead. He said this way it is less risky and you would be allowed to apply for a waiver after the interview. Otherwise the K-1 would look more suspicious. Hope this helps!

[smashrun 10]

Plenty of people get approved waivers with K-1 visas. It can be done. You should check out immigrate2us.net for more information - the site is dedicated to I-601/I-212 waivers and has much more up to date information and in my opinion accurate (regarding waivers and the accompanying process) than you can find here. Visajourney is great but immigrate2us is better for waiver advice. Just my opinion.