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K1 visa & past overstay

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jpatel74
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Posts: 2
Joined: Thu Nov 09, 2006 12:05 am

K1 visa & past overstay

Post by jpatel74 » Thu Nov 09, 2006 12:15 am

I overstayed my F1 visa in US by 3 years.I left US 1 year back. I am planning to marry a US citizen. For this I need K1 visa to go to US. Is my past overstay cause of concern for me?

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Nov 09, 2006 10:37 pm

Overstays of more than 1 year lead to a 10 year ban from the US....you can get a waiver but this requires you to demonstrate extreme hardship to your US citizen spouse/kids. For this reason waivers are very rare. Students are unlikely to get the ban since they have D/S on their I-94 unless an immigration hearing required you to leave the US (e.g. you were found to be in violation of your F-1 status by say working illegaly) and you stayed on in the US afterwards for more than 1 year? How did you depart the US - voluntary, deported etc?

jpatel74
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Posts: 2
Joined: Thu Nov 09, 2006 12:05 am

Post by jpatel74 » Sun Nov 19, 2006 6:01 pm

I left US voluntarily.There was no immigration hearing of any kind.But I overstayed after denial of my Adjustment of Status application.

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