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FAQ / My fiance (fiancee) has overstayed his/her visa before. Can he/she still come to the U.S. on a K-1 fiance (fiancee) visa?


It depends. If your fiancé (fiancée) overstayed his/her visa by six months to a year he/she is barred from re-entering the U.S. for three years, if he/she overstayed his/her visa by over a year, he/she is barred from re-entering the U.S. for ten years, although an “extreme hardship” waiver is possible in both cases.

 




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