K1 Overstayed

[Waiting88 0]

I filed my I-129F on July and received my NOA1 already and waiting for our NOA2. My fiance is in the Philippines. I met my fiance when he was visiting here in America. When he got to America a few weeks later or a month later they had filed an extension because they wanted him to go see a doctor for check up. They received a letter from the USCIS however he did not follow up. Do you think that would be a problem for our K1 visa? Knowing that he overstayed. But he went back to the Philippines on his own. His lawyer was the one that filed for an extension. The lawyer also said it won't be a problem but I don't know why I am worried. Did anyone have this kind of situation before. They had filed for extension because they wanted to have his heart check up. He had this problem when he was a child and he had a surgery here in America when he was 3 or 4 yrs old. He has been going back and forth to the United States. Do you know if we need to do a waiver?

Please help me.

[john_and_marlene 162]

When was the overstay and how long did he overstay?

[blueblue 0]

If the overstay is less than 180 days, he won't need a waiver.

[eau_xplain 2]

Before you even think about having to file a waiver, first step should be to determine whether your fiance has accumulated any overstay at all. As suggested in your other post, consult a lawyer. Show the lawyer all the documents/letter/communication from the USCIS regarding your fiance's last application for extension. Only once it is determined that there is an overstay that will result to a bar should you start worrying about waivers.