K1 Denied at Embassy

[Marcus-Aurelio]

Our K1 Visa was denied at the embassy for overstaying a waiver visa two years ago. We have not received anything from the embassy yet; but we pretty much know that the next step will an appeal.

My fiance has double citizenship with a visa waiver country and we are wondering if she would have any problem entering the USA for a visit while the appeal is taking place. She has never entered the USA with the passport that she intents to use now(she just got this passport).

My questions are: 1)will the denial of a K1 visa go to USA POE and if it is yes how fast ?
2)will the name on the passport raise a flag at the POE although the passport is from another country than the K1 application/denial?

Thanks to anyone that can shed some light on this.

Marcus

[Marcus-Aurelio]

Our K1 Visa was denied at the embassy for overstaying a waiver visa two years ago. We have not received anything from the embassy yet; but we pretty much know that the next step will an appeal.

My fiance has double citizenship with a visa waiver country and we are wondering if she would have any problem entering the USA for a visit while the appeal is taking place. She has never entered the USA with the passport that she intents to use now(she just got this passport).

My questions are: 1)will the denial of a K1 visa go to USA POE and if it is yes how fast ?
2)will the name on the passport raise a flag at the POE although the passport is from another country than the K1 application/denial?

Thanks to anyone that can shed some light on this.

Marcus

[moondin]

You mean..

can she come to the us, so we can get married and file for gc here?

Yes, if she can get past the airport POE. When they see that single, young male/female walk in with big suitcases -- expect to get grilled. They're not stupid and can tell when someone's going to disneyland and when someone's coming to see a "friend". One of their questions will be "have you ever filed for a marraige/immigrant visa before"?.

Jsut remember..:

If she gets denied, she'll be handcuffed, shackled, and thrown into a jail cell for 24 hours til the next flight home. They do that to send a message to NEVER think about it ever again. You wanna make her to through that risk, go ahead.

-= nav =-

[STBM04]

Marcus,
My fiancee and I are in a similar situation. How long was the overstay? Her K-1 visa interview is later this week and we have been wondering what might happen. She overstayed about 180 days, in 1997, and didn`t return to the US until 2003 (again on the visa waver program). There were no problems at that time.
Thanks,
STBM04

[Marcus-Aurelio]

STBM04,

She was here 2 years and one month and she did not have any problems either. In our case we believe that somebody had reported her to Immigration; becuse the council made clear reference to a place that she had worked and nothing else.

Good luck with your interview

Marcus

[Spouse]

Marcus-Aurelio

My guess is that after the overstay she is subject to the 3/10 bar, which means, not an appeal, but that you will have to file the I-601 waiver before the K1 can be approved.

Re-entering the country on the visa waiver program is very risky. I personally would recommend filing the I-601 and going by the books as much as possible that this point.

For more information on the I-601 see www.immigrate2us.net.



STBM04

I am not 100% sure on the results of your interview, especially since I do not know all of the details. However, based on what you have said here, I do not think that you have much to worry about.

A 6 month overstay carries a 3 year bar. It sounds like 3 years have already passed since the time of her departure. Therefore, you may have to face a couple extra questions or something, but from what I know, there is no legal reason, associated with the 6 month overstay, that could prevent her from getting the fiance visa.

An overstay of a year or more carries a 10 year bar.