QUESTION
Will my k1 visa be denied if i apply within the 10th year of my 10 year ban?
Asked on Aug 12th, 2014 on Immigration - Virginia
More details to this question:
I overstayed my tourist visa for 2 years and left the US voluntarily (2004), I understand I have a 10 year ban which will end in October of tis year (2014). I want to apply for a k1 visa with my fiance who is a US citizen, but not sure if I can apply now being 2 months away from concluding the 10 year ban or do I have to wait until the exact date I left the US which is 0ctober 24, 2014.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The 10 year bar is counted at the date that you apply for the K-1 visa at the Consulate or Embassy. It has nothing to do with the date that you have the K-1 petition submitted on your behalf at U.S.C.I.S.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 Sep 04th, 2014 at 5:13 PM