K1 Overstay – Can I Leave And Come Back?
By: Dayna Lally, Esq.[1]
If you were admitted to the United States on a K1 fiancé visa and didn’t marry the U.S. citizen petitioner within 90 days, then you should timely depart the United States before the expiration period of your authorized stay.[2]
- To check the expiry date of your period of authorized stay, enter your passport details (here), and refer to the “Admission Until Date.”
Failure to timely depart the United States prior to your “admission until date” may result in the accrual of unlawful presence and cause you to become inadmissible for 3 or 10 years (depending on the length of the overstay).[3]
What Does Inadmissible Mean?
Inadmissible means that you are not permitted by law to enter or remain in the United States.[4]
How Do I Come Back?
As the fiancé of a U.S. citizen who is subject to the 3- or 10-year bar on admission to the United States, you may apply for a waiver of the unlawful presence if you can show that the K visa petitioner, i.e., the new U.S. citizen fiancé, would experience extreme hardship if you were denied admission.
Consult With a K1 Fiancé Visa Lawyer
If you have questions about a subsequent fiancé visa petition, requesting a waiver of inadmissibility based on unlawful presence, or what constitutes extreme hardship, contact K1 Fiancé Visa Lawyer, Dayna Lally, by email to [email protected].
Dayna has successfully helped couples from all over the world with fiancé visa petitions. Check out our client testimonials!
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
[1] Dayna Lally, Esq. is an immigration lawyer in Boston and the owner of Lally Immigration Services, LLC in Woburn, MA. Dayna assists with visas, green cards, citizenship, and more!
[2] See 8 USC §1184(d).
[3] See INA §212(a)(9)(B)(i)(I).
[4] See chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf (visited Aug. 15, 2022).
Last Updated/Reviewed 08/15/2022
