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.
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.
K Visas: Applying K1 After Previous Overstay
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