obtained a K1, divorced and moved back - now B2

[Claudette 0]

So I obtained a k1 visa (fiance), sadly our marriage did not work out (very short period). I waited untill our divorce was final - I overstayed less then 180 days. I moved back to my home-country. I still have relatives living in the US and one of them is very sick. I want to obtain a tourist visa (B2). I already have a steady job in my homecountry. 

 

How hard is it going to be to obtain a B2 visa?

[JFH 12,190]

All you can do is pay $160 to find out...

[JFH 12,190]

You asked this question last month. The answer hasn’t changed.

 

https://www.visajourney.com/forums/topic/729122-ex-spouse-lying-to-uscis/?tab=comments#comment-10002323

[Boiler 45,520]

Well one day turned into a few weeks, apply and find out.

[SusieQQQ 11,586]

1 hour ago, Claudette said:

So I obtained a k1 visa (fiance), sadly our marriage did not work out (very short period). I waited untill our divorce was final - I overstayed less then 180 days. I moved back to my home-country. I still have relatives living in the US and one of them is very sick. I want to obtain a tourist visa (B2). I already have a steady job in my homecountry. 

 

How hard is it going to be to obtain a B2 visa?

So you never applied to adjust, but stayed beyond the 90 days allowed on K1? That means you will need to answer “yes” to the question of have you overstayer, plus you have demonstrated immigrant intent before. So it’s not a slam dunk B visa, that’s for sure. Exactly how hard depends on a number of factors. What are your current ties to your home country other than the job? 

 

 

[wbeem 568]

OP, can you clarify?  

I'm trying to figure out how the overstay comes into play (not saying it doesn't). But you DID get married, obviously because you mention you divorced a short time later. 

I'm guessing you did not adjust your status.  Others can weigh in here as I'm not sure what the rules are about leaving after divorce and how much time you have to do so.  But the overstay won't be on the K1, I don't think, since it sounds like you fulfilled the requirement of marriage within the 90 days. Beyond that, I don't have the knowledge or experience to advise you. 

[Boiler 45,520]

K1 is good for 90 days, OP said they stayed longer.

[JFH 12,190]

26 minutes ago, wbeem said:

OP, can you clarify?  

I'm trying to figure out how the overstay comes into play (not saying it doesn't). But you DID get married, obviously because you mention you divorced a short time later. 

I'm guessing you did not adjust your status.  Others can weigh in here as I'm not sure what the rules are about leaving after divorce and how much time you have to do so.  But the overstay won't be on the K1, I don't think, since it sounds like you fulfilled the requirement of marriage within the 90 days. Beyond that, I don't have the knowledge or experience to advise you. 

Once the 90 days were over then she was in unauthorized stay until the I-485 is received by USCIS. The requirement of getting married within the 90-day period is a requirement to be able to file AOS. It is completely separate from the period of authorized stay. 

[Boiler 45,520]

Probably the country involved would be significant and also what does a good job mean.

[Claudette 0]

3 hours ago, wbeem said:

OP, can you clarify?  

I'm trying to figure out how the overstay comes into play (not saying it doesn't). But you DID get married, obviously because you mention you divorced a short time later. 

I'm guessing you did not adjust your status.  Others can weigh in here as I'm not sure what the rules are about leaving after divorce and how much time you have to do so.  But the overstay won't be on the K1, I don't think, since it sounds like you fulfilled the requirement of marriage within the 90 days. Beyond that, I don't have the knowledge or experience to advise you. 

We got married within the 90 day period. We filed for the adjusment, but we seperated before we even got a response. So the case was withdrawn.I stayed an extra couple of months after the withdrawal

2 hours ago, Boiler said:

Probably the country involved would be significant and also what does a good job mean.

European country and working for the government

[Claudette 0]

2 hours ago, Boiler said:

K1 is good for 90 days, OP said they stayed longer.

We got married within the 90 day frame and filed for adjustment. We seperated before we got a response so case was withdrawn

[Lil bear 4,217]

3 minutes ago, Claudette said:

We got married within the 90 day frame and filed for adjustment. We seperated before we got a response so case was withdrawn

I believe you would be seen as incurring overstay from the end of the 90 day K1 stay through your departure from the US

Edited February 23, 2020 by Lil bear

[geowrian 22,337]

3 hours ago, Lil bear said:

I believe you would be seen as incurring overstay from the end of the 90 day K1 stay through your departure from the US

More precisely, the unlawful presence would be accrued from the end of the 90 days until the I-485 was filed. Then it would tolled until the case was withdrawn. Then it would continue to accrue again until they left the US.

If that total time is under 180 days, then there is no ban for overstay. There's just convincing the CO that you 1) are no longer an intending immigrant, and 2) don't plan to overstay or violate status again.

[Boiler 45,520]

I think iot is reasonable to assume your VWP days are over.

[SusieQQQ 11,586]

1 hour ago, geowrian said:

More precisely, the unlawful presence would be accrued from the end of the 90 days until the I-485 was filed. Then it would tolled until the case was withdrawn. Then it would continue to accrue again until they left the US.

If that total time is under 180 days, then there is no ban for overstay. There's just convincing the CO that you 1) are no longer an intending immigrant, and 2) don't plan to overstay or violate status again.

As above, however, the period during adjustment pending still becomes a (retroactive) overstay (out of status) after the case is withdrawn. It is not retroactively unlawful presence but it is still retroactively overstay.