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Can I apply for a waiver before I apply for a K1 visa to join my fiancé in the USA if I overstayed my last visit?
Anonymous7 views5 answers
My fiancé is an American Citizen and I am from another country living outside the USA. He wants to apply for the K1 Visa but I also need a waiver to enter the USA since I overstayed my stay.
Can I apply for the waiver first since the K1 visa is only three months then apply for the K1 Visa afterwards?
If you are applying for the K – 1 visa with the U. S. Consulate, you cannot file for the waiver until such time that you are interviewed and the U.S. consulate officer announces the need for a waiver.
tuart Jonas ReichImmigration AttorneyNew York, NY ·
I'm assuming for the purposes of your question that your overstay was sufficiently long before you left that the act of leaving triggered a reentry bar - you should really confirm this with an attorney.
If this is the case, as my colleagues not the waiver can only be filed with the consulate, and then only after the consulate identifies the problem and refuses the visa.
You may want to consider marriage as waivers based upon marriage seem stronger even though the standard is the same. Your citizen fiance should go speak with a competent immigration lawyer locally to review options.
