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  1. #1
    Join Date
    Feb 2015
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    Default Applying K1 After Previous Overstay

    Hi,

    Apologies if this is posted in wrong category. It involves potential K1 issues because of previous overstay.

    Back in Nov 2011, I overstayed in the US for less than 10 days while on work visa because of delay in filing extension by my employer (a clerical mistake). Employer's lawyer took care of the overstay and had visa extension petition approved (in July 2012). My employer also confirmed that the visa extension petition was approved (and I was not barred etc) but I will need to go out of US for stamping and then I could be back. I left US in July 2012 but during stamping was given a 221g requesting client letters and eventually denied stamping because of missing client letters. The denial letter does not mentions denial inability of my employer to provide employment and does not mention overstay at all.

    Now, my fiance will be applying for K1 and we are confused about the following -

    1) Can that overstay cause any issue for K1? If yes, then what are our options?

    2) Do I need the documents related to overstay appeal etc that my employer's lawyer did back in 2011? I do not have any of those and it's been over 2 years so I doubt the lawyer will have them now. If the documents are needed and the lawyer doesn't have them, is there some alternate way of finding them?

    3) Is there some way to confirm that I am definitely not barred etc? I have heard things like immigration can stop people from entering at POE even if they have valid visas.


    Appreciate your help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Applying K1 After Previous Overstay

    Quote Quoting achilles
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    I left US in July 2012 but during stamping was given a 221g requesting client letters and eventually denied stamping because of missing client letters.
    This was in relation to a subsequent attempt to re-enter the U.S.? To work for the same employer? On the same visa?

  3. #3
    Join Date
    Feb 2015
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    3

    Default Re: Applying K1 After Previous Overstay

    Quote Quoting Mr. Knowitall
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    This was in relation to a subsequent attempt to re-enter the U.S.? To work for the same employer? On the same visa?
    Yes, same visa (H1B) and same employer.

    My employer advised that overstay is cleared and petition has been approved and I just need to exit the U.S., get the passport stamped and return to resume the job. I went for stamping within a month of exiting the U.S.

  4. #4
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    Default Re: Applying K1 After Previous Overstay

    If the Section 221(g) request for additional information from the State Department related only to the employment visa, and only to employment-related aspects of the visa, then it is unlikely to materially affect a subsequent effort to enter on a fiancé visa. You should be prepared to document, if necessary, the date upon which you left the United States. Your immigration records should establish that you did not re-enter the U.S. subsequent to the issuance of the 221(g) document. Your short overstay may come up, but from what you have told us it doesn't sound like it's going to be a significant issue.

    It never hurts, in my book, to have documentation from prior proceedings if it's available, but I would not expect your employer's case file to contain much (if anything) that is going to be of relevance to your present attempt to obtain a K-1 visa.

    You can consult an immigration lawyer for a full review of your case, but nobody is going to be able to give you an iron-clad guarantee that something in your history won't create a potential problem. Odds are you're going to be okay.

  5. #5
    Join Date
    Feb 2015
    Posts
    3

    Default Re: Applying K1 After Previous Overstay

    Thank you, I appreciate your advice. Yes, the date I left from the U.S. is stamped in my passport.

    Is there anything at all that I can do to prepare for potential issues? is there any way to get the previous proceedings for documentation in case they ask for information around the overstay (assuming I can't get it from my employer's lawyer)?

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