If I overstayed for 5 months with a B2 visa (less than 180 days) can apply for K1 visa? 6 Answers as of September 26, 2014

Based on the requirements you are ineligible for K1 visa if you overstayed your previous visa. If I apply are the chances of being denied of K1 visa high?

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SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
You may be approved, if you are currently overseas, and otherwise meet the requirements of a K1, but you will need a good immigration lawyer to help you.
Answer Applies to: Illinois
Replied: 9/26/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you are already in the US why do you need a K-1 visa? You can just get married and then file for adjustment of status if you are marrying a US citizen.
Answer Applies to: California
Replied: 9/23/2014
Law Offices of Linda Rose Fessler | Linda Fessler
Excellent chance of being denied.
Answer Applies to: California
Replied: 9/22/2014
Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
Most likely you will be found to have immigrant intent, so it would be better to marry abroad and apply for residence.
Answer Applies to: Texas
Replied: 9/22/2014
Baughman & Wang
Baughman & Wang | Justin X. Wang
If you are still in the United States, you should marry your United States boyfriend or girlfriend and then file I-130/485 to adjust status in the United States; if you left the United States after less than 180 days overstay, you are not statutorily barred from entering the US so your boyfriend or girlfriend can apply for K-1 for you.
Answer Applies to: California
Replied: 9/22/2014
    Coane and Associates
    Coane and Associates | Bruce Coane
    If you're a fiance here in the USA and you overstayed a B-2, why do a fiance visa. One can simply get married here and file for adjustment.
    Answer Applies to: Texas
    Replied: 9/22/2014
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