Applying for other Visas while K1 is processing

D

DanHelp010

New Member
Hello all,

I am a US citizen living in the US and my girlfriend is a Czech Republic citizen. She came to the US back in August 2015 on an ESTA visa (3 month VISA) and during that time, we met. She then overstayed the ESTA visa for 175 days (we were aware of the 180 bar). She is now back in the Czech Republic and we are going to file for a K1 visa. If we file for the K1 visa, is she eligible to come here on a B2 visa(since she stayed under 180 days) for 6 months until the K1 visa is granted? Since the K1 will be processing, will the B2 visa automatically get denied? We are trying to find a way to be together while waiting for the 6-9 months wait period without me having to move out of the states (since I have a career here).

Thank you
 
If she overstayed the ESTA, which is valid for 90 days, she could have issues with the B2 visa. Anytime someone overstays a visa, you can bet there will be consequences returning to the US.
 
If she was overstaying for that long anyway, why didn't she just stay and marry and do Adjustment of Status instead of leaving?
 
We filed the K1 visa after she left (when I proposed to her). I was going to travel to Europe while waiting for the K1 visa to get approved and then do the adjustment of status. I didn't end up making the move to Europe because of financial reasons.
 
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