F-1 overstayed with i-94 D/S, k-1 or cr-1?

[Starlight212 0]

Hi,

I have been in long relationships for over two years with my bf since I left NYC in 2011 for some reason.

We wanted to be together but our situation just seemed so complicated. I thought I was barred for 10 years

because I was overstayed my visa for a long period of time. I did email some lawyers, none of them was

interested my case, and one just suggested me to apply a b-2 without any reason. I was confused.

Recently, I found out that my F-1 visa with i-94 stamped D/S isn't applied to the bar. Is it ok for me to to

apply k-1 or cr-1? is there any chances to get deny? I would appreciate any answer.

Thank you so much!

[Hypnos 6,578]

There's always the possibility of denial, but you have not incurred the overstay bars due to your I-94 being "D/S" instead of having a defined expiration date, meaning technically you didn't overstay.

Edited June 27, 2014 by Hypnos

[GurkenSalat 48]

D/S - Duration of Status - wouldn't one incur overstay once status was terminated?

[NikLR 13,231]

Even if you have overstay, there is a waiver for that. You wouldn't be immediately denied.

[Hypnos 6,578]

"D/S" only begins to accrue overstay once either USCIS or an immigration judge make such a determination (that there was a status violation) during adjudication or a decision on another matter.

[Starlight212 0]

Thank you all for all your kind answers.