overstay

[ish_pitt]

hi, i was wondering if anyone could advise me of my situation in getting a K1 visa, in year 2001 Feb i had visited states on arrival at JFK i was granted 6 months of stay on my I94, but i thought that since i have a 5 year multiple entry visa its irrelevant on knowing the situation i had come back to UAE and went to the embassy and explained them the situation that i had overstayed by 6 more months then i was allowed to stay they stamped CANCELLED WITHOUT PREJUDICE on my visa, My question is what are my chances of getting a K1 visa, your help is appriciated

[PraetorianXI]

You went to the UAE embassy in the USA or the USA embassy in the UAE?

Either way, your visa overstay will not look good in your immigration history. However...

1) Explaining what happened and that your visa is CWP (cancelled without prejudice) will help your interview.

2) By overstaying 180 days or more, you triggered a 3 year bar from you returning to the USA. But, those 3 years passed already.

I think your chances as good as the next man, except for the visa overstay record which you can explain... either way, you better have a good reason for "visiting" the USA for 1 full year.

[ish_pitt]

the reason i had stayed there was cause i was living with my then girlfriend now fiance infect she was the one who had bailed me out and i still have the documents to proof that do you think that can work to my advantage on my k1 interview
thanks

[PraetorianXI]

The fact that you were living with your girlfriend does not allow you to overstay your visa, even if she is your fiancee now.

The problem that would come was your 3 year ban. But that has passed already, so I think you should not worry too much about this.