Overstay in another country

[Ccp29 0]

Hi all,

I have been reading posts here on VJ and I just want to ask if is there anybody here who had the same experience as mine. I am undocumented for 6 years and still here (NOT in the US) and we are planning to apply for the k1 visa. He has been visiting me

here and we want to move forward. We are worried that my status will make an impact in our application and Will be a reason for denial. We will be putting my country to where our application will be forwarded. 

Hope someone can give me advise here. Thanks a mill. God bless

[Chris Duffy 1,257]

Shouldn't be an problem,  US only cares if you overstayed in the USA.

 

They don't care about other countries.......

[Roel 7,193]

Someone correct me but since it's not a legal resident of that country he cannot have an interview There? He has to go back to his country of origin? 

[Ccp29 0]

Hi Roel. Yes I’ve read that, too in some posts here. I am planning to go home and have the interview in my country of origin.  Thanks 

[Khallaf 650]

1 hour ago, Crizelle said:

Hi all,

I have been reading posts here on VJ and I just want to ask if is there anybody here who had the same experience as mine. I am undocumented for 6 years and still here (NOT in the US) and we are planning to apply for the k1 visa. He has been visiting me

here and we want to move forward. We are worried that my status will make an impact in our application and Will be a reason for denial. We will be putting my country to where our application will be forwarded. 

Hope someone can give me advise here. Thanks a mill. God bless

if you are in a country and you are not allowed to be there, you need to go back to your country in order to process the K1, you can't have your interview in a country where you are not suppose to be.

 

as long as you file for your home country from there should not be a problem. I can see a problem as you will have to get a police report from the country that you are not suppose to be in, as least I believe you would, I could be wrong.

 

 

[Ccp29 0]

48 minutes ago, Chris Duffy said:

Shouldn't be an problem,  US only cares if you overstayed in the USA.

 

They don't care about other countries.......

Hi Chris.. Thank you so much for your response. 

[Khallaf 650]

1 minute ago, Crizelle said:

Hi Roel. Yes I’ve read that, too in some posts here. I am planning to go home and have the interview in my country of origin.  Thanks 

I strongly urge you to go back ASAP, if you are in the middle of a K1, and something happens it could, I don't know that it would but could reflect poorly as you have already shown that you can't follow the rules of immigration to other countries. I am not saying that it will come up and I am not saying it wouldn't, however if you are deported from a country that you are not suppose to be in, that will all be tracked.

 

[Chris Duffy 1,257]

9 minutes ago, Roel said:

Someone correct me but since it's not a legal resident of that country he cannot have an interview There? He has to go back to his country of origin? 

Correct

 

OP stated they were going back

Just now, Khallaf said:

I strongly urge you to go back ASAP, if you are in the middle of a K1, and something happens it could, I don't know that it would but could reflect poorly as you have already shown that you can't follow the rules of immigration to other countries. I am not saying that it will come up and I am not saying it wouldn't, however if you are deported from a country that you are not suppose to be in, that will all be tracked.

 

Incorrect

[Ccp29 0]

2 minutes ago, Khallaf said:

if you are in a country and you are not allowed to be there, you need to go back to your country in order to process the K1, you can't have your interview in a country where you are not suppose to be.

 

as long as you file for your home country from there should not be a problem. I can see a problem as you will have to get a police report from the country that you are not suppose to be in, as least I believe you would, I could be wrong.

 

 

Hi Khallaf. Thank you so much for your input. I will try to do that. God bless 

[Ccp29 0]

2 minutes ago, Khallaf said:

I strongly urge you to go back ASAP, if you are in the middle of a K1, and something happens it could, I don't know that it would but could reflect poorly as you have already shown that you can't follow the rules of immigration to other countries. I am not saying that it will come up and I am not saying it wouldn't, however if you are deported from a country that you are not suppose to be in, that will all be tracked.

 

Hi Khallaf. I am fully aware of that. We will do it this April after his visit here and we will sort all the evidence needed together. Thanks

[Prof_Q 9]

The big question you have to ask yourself is how to get the police record from the country you've stayed in illegally to submit during the interview stage. I'm not sure you would be eligible to receive a police record if you're staying illegally at another country. 

 

Also, you have to have a very good reason why you've stayed illegally in that country in that country, which could very well be brought up in the interview. 

 

While it shouldn't be a deal breaker for obtaining a K1 visa, I think you should consult with an experienced lawyer just to be on the safe side.

Edited February 10, 2018 by Prof_Q

[payxibka 10,047]

12 hours ago, Khallaf said:

I strongly urge you to go back ASAP, if you are in the middle of a K1, and something happens it could, I don't know that it would but could reflect poorly as you have already shown that you can't follow the rules of immigration to other countries. I am not saying that it will come up and I am not saying it wouldn't, however if you are deported from a country that you are not suppose to be in, that will all be tracked.

 

A K-1 is an immigrant intent visa...  Completely different .....

[Ccp29 0]

6 minutes ago, Prof_Q said:

The big question you have to ask yourself is how to get the police record from the country you've stayed in illegally to submit during the interview stage. I'm not sure you would be eligible to receive a police record if you're staying illegally at another country. 

 

Also, you have to have a very good reason why you've stayed illegally in that country in that country, which could very well be brought up in the interview. 

 

While it shouldn't be a deal breaker for obtaining a K1 visa, I think you should consult with an experienced lawyer just to be on the safe side.

Thank you so much Prof_Q for the advice. I’ve spoken to one US immigration lawyer. Thanks. As to police clearance, I know some who were able to secure their police clearance when they left here irregardless of their status. Thanks a mill. 

[kris&me 572]

12 hours ago, Khallaf said:

if you are in a country and you are not allowed to be there, you need to go back to your country in order to process the K1, you can't have your interview in a country where you are not suppose to be.

 

as long as you file for your home country from there should not be a problem. I can see a problem as you will have to get a police report from the country that you are not suppose to be in, as least I believe you would, I could be wrong.

 

 

you will need that criminal investigation from country you are in and how do you get one without causing a new problem?

 

[TNJ17 1,329]

Your illegal status in another country will have no impact in your K1 at all nor will it make it difficult to obtain a police certificate. Those saying otherwise are totally wrong. 

 

However, one piece of advice before you leave that country. Get your police certificate from that country while you are there. It might be harder to get and more expensive if you have to do it outside the country if you are not a legal permanent resident of that country while you were living there. Depending on the country, police certificates can even be obtained online and they will be mailed to your address in that country but only if you are currently living there. So I’d do some research on that before leaving if I were you.