QUESTION
If I overstayed for 5 months with a B2 visa (less than 180 days) can apply for K1 visa?
Asked on Sep 22nd, 2014 on Immigration - Texas
More details to this question:
Based on the requirements you are ineligible for K1 visa if you overstayed your previous visa. If I apply are the chances of being denied of K1 visa high?
4 ANSWERS
If you are already in the US why do you need a K-1 visa? You can just get married and then file for adjustment of status if you are marrying a US citizen.
Answered on Sep 23rd, 2014 at 1:51 AM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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Most likely you will be found to have immigrant intent, so it would be better to marry abroad and apply for residence.
Answered on Sep 22nd, 2014 at 4:03 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you are still in the United States, you should marry your United States boyfriend or girlfriend and then file I-130/485 to adjust status in the United States; if you left the United States after less than 180 days overstay, you are not statutorily barred from entering the US so your boyfriend or girlfriend can apply for K-1 for you.
Answered on Sep 22nd, 2014 at 4:03 PM
Bruce A. Coane
If you're a fiance here in the USA and you overstayed a B-2, why do a fiance visa. One can simply get married here and file for adjustment.
Answered on Sep 22nd, 2014 at 12:23 PM