K-1 Visa after overstaying Tourist Visa

[tfo98 0]

I have a friend thinking about getting a k-1 visa to marry here in the states.  She lived here several years ago (12) and overstayed her visa.  I know if you overstay you can be banned for 3 years or 10 years.  Her question is will she be denied a k-1 Visa if it has been longer than 10 years since it occured?  Should she mention it on her application or wait?

[f f 725]

always mention it in the paperwork. as for causing a delay I wouldn't think do since if it was a 10 year bar it would have passed. just submit evidence showing she has been out of the us for at least 10 years so there is no question she has served her time.

 

good luck

[geowrian 22,337]

I don't think it will be an issue (for multiple reasons...minor, > 10 years ago, etc.).

[tfo98 0]

on the application it says have you ever refused a visa.  After this incident during the 10 year period she tried to get another visa but was denied.  Not that it has been over 10 years will she be denied again?

[Suss&Camm 2,213]

25 minutes ago, tfo98 said:

on the application it says have you ever refused a visa.  After this incident during the 10 year period she tried to get another visa but was denied.  Not that it has been over 10 years will she be denied again?

No ,unless she misrepresented herself and lied in that application, for example if she didn't mention the overstay in the application for that visa. She needs to answer that she applied, when she applied, why she was denied (because she was ineligible due to ban for previous overstay). Tell her to be as honest as possible and to try to remember the dates as good as she can. She should not make excuses but simply be factual of what happened.

Edited January 7, 2017 by Suss&Camm