I-94 Question

[Tropicana 0]

Hi all,

I am new to this forum and find many valuable pieces of information. I have a question and was wondering if anyone knew the answer. My boyfriend was in the US previously as a student for 4 years. After graduation, he did not immediately return home, but remained here for 7 months because he was trying to get into a graduate program. He eventually left and went back to his home country. From my research, an overstay of less than 1 year can be punishable with a 3 year ban. Would this affect our k-1 application? he is fearful that we would have a problem with the application

Thanks for your help

Tropicana

[aussiewench 9]

Generally, the 3-year ban applies to persons who accrued more than 180 days of unlawful presence, and the

10-year bar applies to persons who accrued 1 year or more of unlawful presence. Be honest when answering anything in this regard when asked as they will know. He may be required to file a waiver after the visa application is initially denied. Have a look in the Waivers Forum for info regarding waivers.

All the best to you both.

Lorelle