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Obtaining a Fiancee Visa for an immigrant who previously entered legally but overstayed and has since gone back to home country?

Middletown, CT |

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"

Attorney Answers 4

  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.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

  2. Her prior overstay may render her inadmissible. You should consult with an immigration attorney for a review of her immiration history before filing anything.

  3. I agree with my colleagues, overstaying the time she was granted in 2008 may deem her inadmissible. Consult with an immigration attorney.

  4. 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
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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