I am an American citizen, me and my wife who is British went to live in America in June of 2006. My wife was a first time visitor and entered under the Visa Waiver Program. We got married before the Visa expired and around the same time she found out she was pregnant and our son was born in the U.S.. We could never afford to apply for the fiancée visa because we just couldn't afford it. Eventually she decided that she didn't like America too much and we came back to the U.K. in April 2008. She now wants to go back to America. Since she overstayed her visa, is it guaranteed that she will be denied a fiancée visa? If so, what are our options? John.

It depends on the facts of the overstay. She can apply for the K-3 visa (not K-1), but will need a waiver for the overstay. Likely to be approved given that she has a USC husband anc child.

Consult with an experienced immigration attorney.

You will need to get a K3 visa for your wife. The K3 requires that you first have an I-130 filed. An immidiate relative may not be held responsible for an overstay - there is a lot of discretion. Before you spend the money for the above you may want to see if you can get an appointment with an officer at the US consulate. THe consulate may waive the overstay and give her a travel letter or parole into the US. If the conslate will not help you, you may need to get an experienced immigration attorney to help you. It can get very difficult and complicated dealing with the USCIS, Consulate Processing and Border Patrol.

Kyndra L. Mulder Esquire

My friend overstayed in US for 3 months when his visa has expired. Now, he is applying for visa again under dependent because his wife is working in USA. Can he be given a visa again because of that overstaying?