F1 visa denial due to fiance's over staying visa 5 years ago

[Besamiot 35]

Hello guys, I have a problem and I need help. My fiance was denied a visa at the Embassy Yaounde because he overstayed his visa in 2012 ( before we ever met). He was given a green paper which I haven't seen yet. But he says he was asked why he did not contact the uscis to extend his visa. My question is, what options do we have? Has anyone in this forum ever been faced with this same situation? Thanks for any suggestions. 

Edited January 19, 2017 by Besamiot
To use the right ecpression

[Ben&Zian 4,398]

How long did he overstay?

 

If below 180 days from expiration, you could go K-1 route.

If over 180 days, he has a 3 year ban on him I am sure. This could be over come with a waiver though. Also depends if it the ban time has already passed(which sounds like if it was 2012 it would have)

[Besamiot 35]

Thanks Ben&Zian.  He overstayed 6 months.  Yes, I thought the ban will not apply in this case, since it had been 5 years since he left the United states. He says the lady interviewer said the embassy will contact him but did not specify when. I hope it doesnt  take too long.

[Penguin_ie 5,993]

***** Moving from AOS  to Student Visa forum, as Ip does not have a visa nor can her fiance legally AOS from a student visa *****

 

The ban is gone after 5 years, as it only lasts 3.  But that does not mean that a visa will be approved, it just means that it CAN be approved. Because he overstayed before, it will be difficult for him to get any kind of non-immigrant visa as they are afraid he will overstay again, especially with a US fiancee in the mix too.

[Unlockable 7,314]

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

[KierenHby 899]

9 hours ago, NuestraUnion said:

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

+1

[Besamiot 35]

Thanks for writing, KierenHby.

So, what do you think would be the best way to get around this situation? Go get married in cameroon and file an i-130? I I have already  been through a lot with this k-1 and I was looking forward  to him obtaining  that visa and getting this done with. I am beginning  to have this bitter taste in my mouth. 

[KierenHby 899]

Marriage and i1130 seems like the best bet. 

[jan22 3,056]

On 1/19/2017 at 5:44 PM, Besamiot said:

Thanks Ben&Zian.  He overstayed 6 months.  Yes, I thought the ban will not apply in this case, since it had been 5 years since he left the United states. He says the lady interviewer said the embassy will contact him but did not specify when. I

Edited January 21, 2017 by jan22

[jan22 3,056]

14 hours ago, NuestraUnion said:

The ban may be up but the overstay will remain on his file. His credibility is tarnished and any immigration officer will take a look at his history and decide if he can be trusted with a new visa. Looks like the IO made a decision that he should not receive a visa at this time. Like said, any future non-immigrant visas will be hard to obtain.

Sorry for the previous blank post....had a brain freeze and gave completely incorrect information, so I erased it all!

 

What I wanted to say was that the issue may not be anything to do with the ineligibility from his previous overstay.  To qualify for a student visa, you have to show your strong ties to your home country that will ensure you will depart the US after your studies and return home.  A US citizen fiance makes that a hard hurdle to get over.  

 

Plus, as others have said, his prior overstay makes any statement he makes to assure that he will live up to the requirements of this visa harder for a visa officer to accept.

Edited January 21, 2017 by jan22

[Besamiot 35]

Thanks, jan22.

I inadvertently typed f-1 when I had to type k-1. He is not coming as a student. I filed for him as a fiance. It got approved  but he didn't  get the visa because  of his overstay 5 years ago. 

[Besamiot 35]

Thanks everybody. I am sorry about the typo that misled all of you. It's K-1 visa. I wrongly typed F-1. I guess I just have to get my mind set ready and go back to Africa and get married, then come back and file again. It makes me so sad. Anyone knows how long it takes to get a spouse here from the time one files ( if all evidence needed is included in the package)?

[Transborderwife 4,666]

10-16 months depending on your case for a cr1

[Besamiot 35]

Thanks for your response, Transborderwife.  I appreciate  that.

[jan22 3,056]

10 hours ago, Besamiot said:

Thanks everybody. I am sorry about the typo that misled all of you. It's K-1 visa. I wrongly typed F-1. I guess I just have to get my mind set ready and go back to Africa and get married, then come back and file again. It makes me so sad. Anyone knows how long it takes to get a spouse here from the time one files ( if all evidence needed is included in the package)?

Ah!  That makes a difference.

 

It is important that you see the green paper he was given, to make sure yiu know why he was refused.  Just because he was asked about the overstay doesn't mean that is why he was refused.  There may be some other ineligibility, related to the overstay or not, that would also apply to a CR-1.