Can apply for K1 if fiancé is banned in South Africa because of overstay?

[achilles19282 0]

I'll be applying for K1 visa for my fiancé. He overstayed in South Africa and might get banned (his appeal against the ban is pending). If he does get banned (let's say for life or for 10 years etc), will it adversely affect my K1 application?

He was never deported and left voluntarily after entering legally.

[Penguin_ie 5,996]

No effect, other than he needs to be legally in the country he interviews in, but that is not for months.

[Confusedtinybird 41]

Won't affect the application. Just start working IF you do get banned ASAP. It could take a while to appeal the ban. And you might need to get a lawyer involved.

[achilles19282 0]

Thank you for the replies. We're scared that this South African ban will show up in some background checks during K1 processing and will become a criteria for rejection. Can that happen at all? Is there some precaution we can/should take?

Is it a criminal charge to overstay in South Africa and can mess up his PCC?

[Penguin_ie 5,996]

Overstay/ illegal entry in another country, no matter how illegal, will not affect a US visa.

[Confusedtinybird 41]

It won't mess up the PCC. It's not a criminal charge. Only criminal charges will show up on the PCC.

With the new visa regulations that are in now in place since last year foreigners are now being banned instead of being fined. You don't need to worry about it. It's not an issue. It won't affect the visa.

When he left South Africa did he receive a slip of paper saying he was banned? He would of received this at the airport at the same time when he gets his passport stamps.

[achilles19282 0]

It won't mess up the PCC. It's not a criminal charge. Only criminal charges will show up on the PCC.

With the new visa regulations that are in now in place since last year foreigners are now being banned instead of being fined. You don't need to worry about it. It's not an issue. It won't affect the visa.

When he left South Africa did he receive a slip of paper saying he was banned? He would of received this at the airport at the same time when he gets his passport stamps.

Thank you. Yes, we did receive the slip and he appealed within 10 days. There's no reply yet so we're assuming the worst - that he might be banned for years (or life). He overstayed for about 4 months. He had overstayed for a few days a year or two previously as well but back then it used to be simply a matter of paying some fines.

[Confusedtinybird 41]

The bans are between 1 and 5 years. So you really need to work on clearing this ASAP so he can go to his interview.

I would e-mail this address Overstayappeals@dha.gov.za Here is the link http://www.dha.gov.za/index.php/immigration-services/overstay-appeals

There is also a contact number. Start calling and check the status. It might of been been lost. I would also e-mail this person mkuseli.apleni@dha.gov.za for help.

Good luck!

[VOL 425]

Overstay/ illegal entry in another country, no matter how illegal, will not affect a US visa.

This is what I am thinking, I am not a expert on this or have any knowledge.

But I am pretty sure the US immigration does not care on a K1, as long as he did not overstay in the USA......

[Confusedtinybird 41]

I noticed your flag is from India. Was your finance visiting South Africa? If he was banned I am guessing he does not have PR or a passport. Does he have to be interviewed there?

[achilles19282 0]

I noticed your flag is from India. Was your finance visiting South Africa? If he was banned I am guessing he does not have PR or a passport. Does he have to be interviewed there?

Thank you. Yes he was visiting South Africa on a business visa, overstayed because he didn't learn about the rule changes in time. He is an Indian citizen and is planning to do the K1 interview from India.

[Confusedtinybird 41]

Well in that case! There is not a major rush to clear the ban unless he needs to go back to South Africa for business. Since his interview won't be there, and it won't affect his visa.

Still e-mail that address I gave you.