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You may apply for the visa. Nothing prevents the two of you from doing that. However, if denied because of the length of overstay you'll be told whether or not you are eligible to complete a waiver of ineligibility. The longer he overstays, the worse the situation becomes. http://www.dixonimmigration.com/index.php?pid=2

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Q: If a person who entered US legally but overstayed less than a year wants to go back to hisher home country but wants to get back to US with K1 visa would it be possible to enter US again?
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