I entered the US on VWP on 25th August 2010 and left on 20th May 2011. Will my 178 days of overstay prevent me from getting a K1 visa?

180 days or more but less than a year unlawful presence triggers a 3 year ban. A year or more of unlawful precence triggers a 10 year ban. You do the math.

We don't know if there is anything in your history immigration or otherwise, that might make you inadmissible to the US.

I understand there is no ban however I don't know if it will cause problems. I have nothing in my history to cause problems.

If you didn't overstay long enough to incur a ban, then your overstay should not be a problem for the K-1 approval.

Rene

By itself? No... but the overstay will prevent you from ever using the VWP again!

That said, 178 days sounds like very fine planning to me... as though you knew that 180 days would get you into trouble, but you still wanted to get away with what you could.

Ian

If you were asked these questions at an interview, what would your answers be? Rhetorical question for you to think about - you don't have to answer here. (Although given the suspicious timing of your departure, I have to admit I am curious as to how you would answer them.)

1. Why did you violate US immigration law and overstay your visa?
2. When did you become aware you were in violation of US law?
3. Have you violated any other US laws?
4. What were you doing for your 268 days in the US?