I need help!!! B-2 overstay 2 1/2 years ago

[Whitney Bartley 2]

My fiance is from Jamaica. He overstayed his tourist visa 2 1/2 years ago by 3 months. I want to file for a k-1 visa however I'm not sure will it get denied due to his overstay. I am considering getting attorney to help. I just dont know what to do. Please help!

[mushroomspore 3,044]

Since his OS is less than 180 days, I don't think it'll be an issue, so as long as he discloses the overstay in the paperwork and in the interview. That said, it's up to the consular officer to decide if the provided paperwork and your fiance's performance at the interview are enough proof of a bona fide relationship. After the K1 is approved and you guys marry and file AoS, the OS will be forgiven since your fiance will be your spouse at that point. OS is forgiven for spouses of US citizens, but ONLY after the immigrant marries the US citizen.

 

That said, if you are that worried about the OS affecting the petition, you may want to consider marrying and then filing the CR1 spousal visa as a means of getting the OS forgiven immediately, rather than later on in the process. CR1 still needs lots of proof that your relationship is bona fide though. Just my two cents. Maybe someone else will have more in-depth advice.

[Roel 7,192]

As long as he didn't overstay more than 180 days, he'll be fine. Over that time triggers 3 year bad. Though he MUST include that info in K1 petition  - not admitting to overstay will result in misinterpretation and ban.

Edited September 16, 2018 by Roel

[Whitney Bartley 2]

That's what was the main thing I was really concerned about is the overstay. Basically I need to go Jamaica and marry and file for the I-30. Do you think I may need to hire an attorney due to the overstay?

[Whitney Bartley 2]

4 minutes ago, Roel said:

As long as he didn't overstay more than 180 days, he'll be fine. Over that time triggers 3 year bad.

 

5 minutes ago, mushroomspore said:

Since his OS is less than 180 days, I don't think it'll be an issue, so as long as he discloses the overstay in the paperwork and in the interview. That said, it's up to the consular officer to decide if the provided paperwork and your fiance's performance at the interview are enough proof of a bona fide relationship. After the K1 is approved and you guys marry and file AoS, the OS will be forgiven since your fiance will be your spouse at that point. OS is forgiven for spouses of US citizens, but ONLY after the immigrant marries the US citizen.

 

That said, if you are that worried about the OS affecting the petition, you may want to consider marrying and then filing the CR1 spousal visa as a means of getting the OS forgiven immediately, rather than later on in the process. CR1 still needs lots of proof that your relationship is bona fide though. Just my two cents. Maybe someone else will have more in-depth advice.

Thank you so much!!! I'm so lost on what to do.  Because he filed for a b2 some months back and was denied no reason was given. However I meet him on a tourist visa 7 years ago and we've dated on and off over the 7 years he has never been into any kind of trouble while here. 

[Whitney Bartley 2]

7 minutes ago, Roel said:

As long as he didn't overstay more than 180 days, he'll be fine. Over that time triggers 3 year bad. Though he MUST include that info in K1 petition  - not admitting to overstay will result in misinterpretation and ban.

Thank you so much! 

[mushroomspore 3,044]

6 minutes ago, Whitney Bartley said:

That's what was the main thing I was really concerned about is the overstay. Basically I need to go Jamaica and marry and file for the I-30. Do you think I may need to hire an attorney due to the overstay?

As said above, it's not that big of a deal since his OS was less than 180 days. So, it doesn't really matter if you do K1 or CR1. CR1 has other advantages though:

 

- Less expensive

- Spouse will be permanent resident upon arrival in the US and receives green card shortly afterwards

- No adjustment of status. Therefore, technically, CR1's processing time is shorter. For K1, processing time = K1 petition (8-10 months) + adjustment of status (12+ months) = can be 20-24 months. CR1 is 12-18ish months.

 

Your mileage may vary. But OS will not really affect K1 or CR1. Just provide lots of proof of your relationship. I don't think you need a lawyer (just my opinion).

2 minutes ago, Whitney Bartley said:

 

Thank you so much!!! I'm so lost on what to do.  Because he filed for a b2 some months back and was denied no reason was given.

 

Well, the reason is that he overstayed his previous B2....

Edited September 16, 2018 by mushroomspore

[Roel 7,192]

8 minutes ago, Whitney Bartley said:

 

Thank you so much!!! I'm so lost on what to do.  Because he filed for a b2 some months back and was denied no reason was given.

His previous overstay was a reason. Basically with overstay on the record he will never have a shot an any non-immigrant visa.

Hopefully when he applied for that B2 visa he did mention previous overstay and didn't try to hide it. Really make sure he didn't.

[Whitney Bartley 2]

I'm thinking I got to make another trip to Jamaica to marry him since the CR1 takes less time. Another concern of mines is will he be able to work on the k1

7 minutes ago, mushroomspore said:

As said above, it's not that big of a deal since his OS was less than 180 days. So, it doesn't really matter if you do K1 or CR1. CR1 has other advantages though:

 

- Less expensive

- Spouse will be permanent resident upon arrival in the US and receives green card shortly afterwards

- No adjustment of status. Therefore, technically, CR1's processing time is shorter. For K1, processing time = K1 petition (8-10 months) + adjustment of status (12+ months) = can be 20-24 months. CR1 is 12-18ish months.

 

Your mileage may vary. But OS will not really affect K1 or CR1. Just provide lots of proof of your relationship. I don't think you need a lawyer (just my opinion).

 

Well, the reason is that he overstayed his previous B2....

 

[Roel 7,192]

Just now, Whitney Bartley said:

I'm thinking I got to make another trip to Jamaica to marry him since the CR1 takes less time. Another concern of mines is will he be able to work on the k1

 

CR1 does not take less time. He will NOT be allowed to work on K1 after entry - first you need to file AoS and include work permit application. He will not be allowed to work until he receive that and it will take about 4 - 6 months. With CR1 he can work immediately.

 

Seriously, please read guides and do some research because it looks like you did none.

[Whitney Bartley 2]

1 minute ago, Roel said:

His previous overstay was a reason. Basically with overstay on the record he will never have a shot an any non-immigrant visa.

Hopefully when he applied for that B2 visa he did mention previous overstay and didn't try to hide it. Really make sure he didn't.

No he didn't because he called me when he filled it out and I was able to log in to see the application to make sure he filled it out correctly. 

[Roel 7,192]

1 minute ago, Whitney Bartley said:

No he didn't because he called me when he filled it out and I was able to log in to see the application to make sure he filled it out correctly. 

Sooo... if he lied about his previous overstay on the newest B2 form, then make sure he didn't get a misrep ban (means lifetime ban to US).

Edited September 16, 2018 by Roel

[Whitney Bartley 2]

Just now, Roel said:

CR1 does not take less time. He will NOT be allowed to work on K1 after entry - first you need to file AoS and include work permit application. He will not be allowed to work until he receive that and it will take about 4 - 6 months. With CR1 he can work immediately.

 

Seriously, please read guides and do some research because it looks like you did none.

Ok cool. I have done some research it's just so much information. However I thought this forum was here help people through the process. But I really appreciate your help thanks 

[mushroomspore 3,044]

2 minutes ago, Whitney Bartley said:

Ok cool. I have done some research it's just so much information. However I thought this forum was here help people through the process. But I really appreciate your help thanks 

Well, you're going to have to go through all the information and make sure you understand every single detail and bit of it before you actually make a move. A lot of people marry first or file papers first because they just want to get the process started so it'll be over quicker. Bad idea. If you miss something or aren't aware of all the details from the get-go, you can royally screw yourself over or end up delaying your case further. 

 

If you click the "GUIDES" button on the top bar, it'll take you to the pages that explain K1 and CR1 and adjustment of status. Read all of them.

[Whitney Bartley 2]

3 minutes ago, mushroomspore said:

Well, you're going to have to go through all the information and make sure you understand every single detail and bit of it before you actually make a move. A lot of people marry first or file papers first because they just want to get the process started so it'll be over quicker. Bad idea. If you miss something or aren't aware of all the details from the get-go, you can royally screw yourself over or end up delaying your case further. 

 

If you click the "GUIDES" button on the top bar, it'll take you to the pages that explain K1 and CR1 and adjustment of status. Read all of them.

I will continue to do but I really appreciate all of you for giving me some insight. Thanks thanks