My girlfriend , now fiancee , had entered the ( US ) legally in 2008 and consequently overstayed her visa . She left on her own will back to her home country ( Peru ) while we were still dating to finish college . This past December , I spent four weeks with her and proposed . I would like to obtain a Fiancee Visa ( K - Non immigrant ) for her so she may re - enter the country and marry . I am a service member in the armed forces and would like to see a smooth transition for her , should I need to deploy at any point . The question is , will I run into problems and if so , what other options are available to us ? ( Note : She has a record clear of infractions in both countries if that helps ) Thank you in advance .
I mistakenly typed "K" whereas it should have read "K-1"
First K, visa is not a non immigrant visa. Second, depending on the length of the ovestay, she may need a waiver of inadmissibility at which point the transition will definitely not be smooth.
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Her prior overstay may render her inadmissible. You should consult with an immigration attorney for a review of her immiration history before filing anything.
I agree with my colleagues, overstaying the time she was granted in 2008 may deem her inadmissible. Consult with an immigration attorney.
DUI / DWI Attorney
You need to consult an immigration lawyer. Many of us offer consultations at little to no charge. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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