Q: I’m waiting for the K-1 Visa interview date. Might I be denied because I was legally here on ESTA for 255 days?
The time frame was when COVID started and I was in the USA; the airports closed, and I couldn’t get back to Italy. I requested 2 extensions and they were granted. Will this cause a denial to my K-1 Visa Petition?
A:
Your K-1 Visa petition might not be denied solely because of your extended stay in the USA on an ESTA during the COVID-19 pandemic. Since you requested and were granted two extensions due to the exceptional circumstances of airport closures, this situation should be taken into account during your interview. The immigration authorities understand that the pandemic caused unprecedented travel disruptions.
When you attend your K-1 Visa interview, be prepared to explain your situation clearly and provide any documentation related to the extensions you were granted. This will demonstrate that you followed the proper procedures and acted in good faith during an extraordinary time.
It’s important to remain honest and transparent about your extended stay and the reasons behind it. Providing clear evidence of your compliance with the rules during the pandemic can help alleviate any concerns the consular officer might have.
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