Q: Can I bring my fiancé on a K1 Visa after overstaying in the Uk for 7 years ?
I am a US citizen and my fiancé lives in England but he is originally from Nigeria. I met him in England while visiting family and we have been together for 2.5years. I am feeling stuck on what I need to do. I prefer getting Married in the US on a K1 Visa because my family is here but the problem is that he has over overstayed in the UK for about 7years and he is going back to Nigeria this year. I am afraid if we decided to do the K1 Visa (since we met in England) , his UK Visa Situation might come up in an interview and with everything going on in his native country they might think our relationship isn't real. Is the K1 Visa possible?
A:
In order to obtain a K-1 visa you need to demonstrate that both of you are legally free to marry and that you have seen each other at least one time over the last 2 years. the more evidence that you can supply that the relationship is real, the better.
With regard to his UK visa, it is possible that his overstay might come up, but since the fiancé visa implies that he intends to marry and live in the US, it may not necessarily be an issue. This will be up to the interviewing officer to determine how much weight, if any to give his overstay in the UK. More importantly you should focus on what evidence you can gather to document that it is a real relationship.
I suggest that you consult with an experienced immigration attorney to help guide you through the process. Best of luck!
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