New York, NY asked in Immigration Law for Kentucky

Q: I intend to obtain a K 1 fiance visa for my girlfriend. Issue is she over stayed her prior student visa by 5 yrs. Hope?

My girlfriend over stayed her student visa which was initially given for 6 months. She stayed for over 5 years in the United States even though still a current student she went back to her home country to have the visa renewed, but was denied renewal of the visa. The consular agent in her home country mentioned that she over stayed her prior visa. I will like to file for a K 1 fiance visa, but what are the odds that she will be granted a visa knowing of her prior refusal of student visa? Are there any waiver programs to apply for that can reverse the stigma of overstaying her previous visa? I know this might be an issue even if I file for K 1 fiance visa. Please help me. Thanks!

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1 Lawyer Answer
Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your fiancé will need a hardship waiver or she will need to wait 10 years from the date she last departed the USA before she can be granted a visa.

1 user found this answer helpful

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