Want to pursue MS but have a past record of K1 break up

[KarthikJayashree 69]

Hi,
I had travelled to USA on a K1 visa in 2018 however it did not work out and I
came back to India.

I stayed with my brother in DC for a while cuz I wanted some break. I did not violate any of the laws.I stayed for 126 days in total in the USA as I was under the impression that I got 6 months to stay but as soon as I realised about the 90 days I booked tix and travelled back. 

But now I am willing to pursue MS in public Health and have applied to a few universities already. 
Will there be any issue? Will I face any problem in my visa or While obtaining F1???

 

please help me know whether I am safe. 

[JFH 12,191]

*~*~*moved from “K-1 fiancé visa progress reports” to “student visas”*~*~*

[SusieQQQ 11,587]

28 minutes ago, KarthikJayashree said:

I did not violate any of the laws.I stayed for 126 days in total in the USA

Well... you did, you overstayed your allowed 90 days (and sounds like you used the k1 visa to stay visit after your engagement didn’t work, not the purpose of k1).
You didn’t overstay long enough to get a ban, but I’d expect the fact of the overstay plus previously demonstrated immigrant intent would make a student visa unlikely. Still, you won’t know unless you try. 

[geowrian 22,338]

Agreed with the above.

Did you file for AOS (I485) at all?

If you did not file for AOS within 90 days then you did actually overstay. While there is no ban for that many days of an overstay, past immigration violations would be something a CO would probably consider (you overstayed once, so you might do so again).

I would expect immigrant intent to be a hurdle here, but not impossible to overcome. Only way to know is to try.

[Sparkle Sparkle 914]

45 minutes ago, SusieQQQ said:

Well... you did, you overstayed your allowed 90 days (and sounds like you used the k1 visa to stay visit after your engagement didn’t work, not the purpose of k1).
You didn’t overstay long enough to get a ban, but I’d expect the fact of the overstay plus previously demonstrated immigrant intent would make a student visa unlikely. Still, you won’t know unless you try. 

Seconded 

[KarthikJayashree 69]

2 hours ago, SusieQQQ said:

Well... you did, you overstayed your allowed 90 days (and sounds like you used the k1 visa to stay visit after your engagement didn’t work, not the purpose of k1).
You didn’t overstay long enough to get a ban, but I’d expect the fact of the overstay plus previously demonstrated immigrant intent would make a student visa unlikely. Still, you won’t know unless you try. 

No I did not use the K1 for the stay but I was hopeful that things might work out between us hence stayed there for a while. But yeah I did stay beyond 90 days and hence m anxious right now.

[pumpkin26 2]

I think they will just ask you a lot questions about your previous visa and why'd you choose to overstay. It's not safe answer that you didn't know that you only have 90 days to stay. 

[Lucky2Lucky 2,526]

No one can tell you 100% except for an official if you will have problems. Yes, you overstayed your visa and at one point showed immigrant intent. All you can do is apply and be honest. Good luck. 

Edited August 23, 2020 by Luckycuds

[SusieQQQ 11,587]

4 hours ago, KarthikJayashree said:

No I did not use the K1 for the stay but I was hopeful that things might work out between us hence stayed there for a while. 

So your ex fiancé lives in DC too? What was the “break” comment then?

 

7 hours ago, KarthikJayashree said:

I stayed with my brother in DC for a while cuz I wanted some break.

Anyway - as said before, all you can do is apply.  If you are looking for people to tell you not to worry about the overstay, that’s not going to happen. It will definitely be a factor, as will past immigrant intent. You are going to have to have very strong evidence to convince them you’ll return home after the MS. 
 

 

[Boiler 46,274]

Certainly a factor, as usual depends on the totality of the circumstances. Presumably you are looking post COVID.

[KarthikJayashree 69]

1 hour ago, SusieQQQ said:

So your ex fiancé lives in DC too? What was the “break” comment then?

 

Anyway - as said before, all you can do is apply.  If you are looking for people to tell you not to worry about the overstay, that’s not going to happen. It will definitely be a factor, as will past immigrant intent. You are going to have to have very strong evidence to convince them you’ll return home after the MS. 
 

 

No that’s not my intention here it is what it is. So I mentioned about the 126days which is obviously more than 90. All I wanted know was will this stop

me from pursuing MS? Like from the eligibility point of view. Is it something like I cannot study or apply for a F1?  Yeah I do Intend to return cuz it’s public health that I am interested into which is quite vulnerable in my country. 

52 minutes ago, Boiler said:

Certainly a factor, as usual depends on the totality of the circumstances. Presumably you are looking post COVID.

Yeah that’s right. Spring intake.

[SusieQQQ 11,587]

1 hour ago, KarthikJayashree said:

No that’s not my intention here it is what it is. So I mentioned about the 126days which is obviously more than 90. All I wanted know was will this stop

me from pursuing MS? Like from the eligibility point of view. Is it something like I cannot study or apply for a F1?  Yeah I do Intend to return cuz it’s public health that I am interested into which is quite vulnerable in my country. 

Yeah that’s right. Spring intake.

You don’t have enough overstay for a ban so it’s not going to stop you in that sense. In any case there is nothing to formally stop you applying for any visa you want to try for. But the CO will use judgement in deciding whether to grant you a visa.  Again, all you can do is apply and see. When do you expect to hear back from colleges/apply for the visa? ( I’m not familiar with timelines for spring intake.) Of course if the course ends up being all online due to Covid you won’t get a visa, but that shouldn’t matter if the focus is on the content of the course and using it back home.

 

 

Edited August 23, 2020 by SusieQQQ

[SusieQQQ 11,587]

By the way, who is paying for the course? You will need to show sufficient proof of funds for the course, accommodation etc at your interview. 

Edited August 23, 2020 by SusieQQQ

[Boiler 46,274]

seriously doubt we will be post COVID next year.

[SusieQQQ 11,587]

Just now, Boiler said:

seriously doubt we will be post COVID next year.

Seemed an odd thing for a public health major to say so confidently. I have a kid at college right now, and it has a really good medical school and one that has been very involved in the Covid response, and they are certainly nowhere near that confident.