rachel3712

Hi everyone. New to the group.
Long and complicated situation, hoping someone could shed some light

I am engaged to my american fiance, we met 4 yrs ago when we were working on cruise ships together, been together In person nearly every day since. Now we see both finished we want to settle down. I overstayed my c1d cruise ship Visa when I last went onto my last cruise contract ( huge mistake from the company as they didnt notice) therefore when I went to visit my fiance a couple of months ago I was denied entry and sent back home. I had apply for a b2 visa which I got, went to visit him, and only able to stay for 70 days in the states. Only because I don't have a job (after 15 yrs on ships I want a nice long break) and no property ( only been off ships for 2 months). We got engaged whilst I was there and applied for a k1 visa 2 months ago. Now I am home in the uk and have a part time job as a dance teacher at a local school.
If i want to visit my fiance for a couple of weeks whilst my fiance Visa is in process can I use my dance school employer as evidence I will be coming back and not intending to stay? I still dont have any property as I dont feel the need to purchase anything whilst I'm here if I get my fiance Visa

Rete

What's your big problem?

rachel3712

like I said above I want to visit my fiancé in the states whilst my k1 visa is in process.....is this possible....?

neill

B1/B2 is not dual intent and by applying for K1 you have shown immigrant intent. I would say your current visa conditions are incompatible with what the DoS/USCIS knows about you.

rachel3712

even if I have a letter from employer and a letter from the company who made the mistake with my visa in the first place? I won't be able to visit for a couple of weeks?

christmasoompa

rachel3712

the c1d overstay was not my fault, I have no bad feelings towards the company. I would like to know how you feel the mistake was my fault. I do not plead ignorance to the uscis, they are doing their job. and they were very understanding that it wasn't my fault, they are going by the law.

rachel3712

the c1d overstay was not my fault, I have no bad feelings towards the company. I would like to know how you feel the mistake was my fault. I do not plead ignorance to the uscis, they are doing their job. and they were very understanding that it wasn't my fault, they are going by the law.

Rete

Yes it is possible and not a problem. You have a tourist visa which will not allow you to marry and remain in the US to adjust status but you can still visit.

Noorah101

Should not be a problem.

Rene

neill

It doesn't matter what I think, it's what USCIS thinks. I was posting it in that context. The visa/stamp had an expiry date, which I presume was in your passport and in your possession.

Anyways, others more knowledgeable here have said you're fine, so go for it.

Rete

She is fine to visit on the B-2 which is what Rene and I have said. She is also fine in continuing to visit as long as the B-2 is valid. Will she run into a problem at the POE? Not likely as she has clearly shown that she and her fiancée are going about it correctly. There is also no reason why she can't just visit him and get married and then return to her home country and pursue the I-130 for the Immediate Relative Visa.

As for the overstay, apparently it wasn't long enough to cause her to incur a ban from entering the US for x number of months, years as she successfully received a B visa. It will probably crop up at the K-1 interview and if there is a denial, she can file for a waiver of inadmissibility.

As for who is at fault for the overstay, I agree with you. The fault lies with the person who entered the US and failed to leave by the expiration date in their passport or CD visa. Don't know how that works.

az2014

The fault was yours, stop blaming the company. The visa was yours, in your passport, its your fault, end.

michaelr711

I scrolled down to the bottom to post this exact response...so instead, I second this!

scrubbedexpat099

Visited without a job

Now looking to visit with a job.

Obviously her issue to keep track of her status but water under the bridge.