I was wondering if anybody knew a rough timescale for gaining a K3 visa (from when my wife files the I-129F to when I can collect my visa in London and come over here). I looked on the processing times section but it doesn't tell the whole time frame! Also if you have overstayed an I-94 for between 60 and 180 days will you be denied this visa or can you still get it?
Thank you very much for any help in advance.
<Angel>
Posted
Overstay is definitely an INS violation. It is a 3 or 10 year bar depending on how long you overstayed.
Your spouse should look at her K3 reciept notice and there should be an approximate processing time noted. K3 goes to the Chicago office and based on people I know it is between 6-9 months wait.
If you have overstayed in the past, your Visa will definitely be denied(regardless of what it is) and in your case you will need a waiver.
<Matt>
Posted
Angel, thanks for your help. The reason I wondered whether i would be denied is because I've been told (and the following states this) as long as I don't overstay for more than 180 days I won't be banned as such(I just wouldn't be able to get a visa waiver type visa again) however I'm unsure as to whether the K3 visa being a nonimmigratant visa would result in the same thing or could I still get it? Thanks
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years.