Can my boyfriend get a fiance visa? 2 Answers as of June 07, 2011

My Israeli boyfriend came to Ventura, CA on a tourist visa. He got an extension but overstayed by 1yr 8 months before his departure. We now want to know if there is any way that he can get a k-1 fiancé visa. What are the procedures? I am a US citizen; he is an Israeli citizen.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
He is going to explain why he overstayed for almost 2 years. That will be an issue for him. I think maybe a K-3 Visa will offer an opportunity to get over the overstay hurdle. I believe a waiver is going to be available to him and he should be able to get his immigrant visa as the spouse of a USC. If he were here in the US, then you could have married outright and adjusted subsequently. Good luck though!
Answer Applies to: California
Replied: 6/7/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Since your boyfriend overstayed by more than one year, he triggered a ten year ban to entry when he left the US. You are allowed to sponsor him for a fiancee visa but need to also file for an extreme hardship waiver at the US consulate at the end of the process, to see if they will waive the 10 year bar.
Answer Applies to: California
Replied: 6/6/2011
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