Please help I am wondering i overstay by k1 us visa or not?

Question

I entered USA by k1 visa and i married in 90 days, my green card was denial becasue my husband passed way.(I 864 from my mother in law can not support who is die) I tried to re-open my green card 2 times, it was denail. Now i meet my bf and he want to apply K1 visa for me to go back usa. In the meantime i think i stay with our paper work 176 days. Sould I have to do waiver before apply visa or not? will be ok for apply K1 back to usa. ( I have daughter 4 years old she is us citz) Now i already leave USA.

Answer 1

Your b/f can petition for you. If you did not overstay by 181 or more days, you will not need a waiver. You missed the cutoff by 5 days.

Let him petition for you, and if it is approved, then you can apply for another K-1 visa.