QUESTION
Does a previous overstay of a visa in a different country (Korea) affect U.S. visa application for a K-1 visa Fiancee?
Asked on Apr 15th, 2021 on Immigration - Colorado
More details to this question:
My girlfriend is from the Philippines but has lived in South Korea for about 12 years. We met here in Seoul. I live here currently as does she. She has been overstaying her visa here for about 11 years. The fines for this overstay are quite high, as you could imagine. We need to figure out if she would be barred from entry or denied a K-1 visa in the U.S. (I'm a U.S. citizen) if she is deported from South Korea to the Philippines before applying for any visa program in the U.S. Or, do we need to pay the fine to resolve her illegal immigration status in Korea first; would that be necessary to be able to apply for a visa in the U.S. in the future?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The immigration violations of another country are generally not bars to admission to the US as they do not generally involve crimes of moral turpitude. That being said, such could be taken into account in a discretionary decision of a US consular officer as to whether to issue a nonimmigrant visa. The favorable factor in your fiancé’s case is that she is applying for a nonimmigrant visa that does not require a showing of nonimmigrant intent and is largely based upon a determination of whether your relationship is bona fide. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 07th, 2021 at 1:56 PM