Do prior F-1 visa denials due to overstay impact chances of a new K-1 visa?

It depends. If you have a history of F-1 visa denials, and are now interested in applying for a K-1 fiance visa, the first thing you will want to do is review the exact reason for your past F-1 visa denials.

If you were denied a visa because your overstay in the U.S. resulted in six months or more of unlawful presence, you may be barred from reentering the United States for a set period of time (three or ten years) and will have to wait before you can apply for the K-1 visa. (To further understand this issue, see below, as well as the articles under "Three- and Ten-Year Time Bars (Inadmissibility) for Unlawful Presence.")

If your overstay did not result in a reentry bar, but rather caused the consular officer to question your intent to remain in the United States on a temporary basis, the prior visa denial should not hinder your chances of securing the K-1 visa.

If the Past Denial Was Due to Unlawful Presence Resulting in Reentry Bar 

If your overstay resulted in 180 days to 365 days of unlawful presence, you are barred from reentering the United States for a period of three years. If your overstay resulted in a period of unlawful presence that exceeded one year, you are barred from reentering the United States for a period of ten years. If you apply for a K-1 visa during a period where you are barred from reentry, your visa will be denied.

However, as the fiance of a U.S. citizen, you may have the option to apply for a waiver of inadmissibility. In order to apply for this waiver, you must be able to demonstrate that your fiance will experience extreme hardship if you are not permitted to enter the United States, and if he or she leaves the United States to live with you in your home country. The waiver is filed on Form I-601 Application for Waiver of Grounds of Inadmissibility, which provides special instructions for K-1 visa applicants. If this waiver is granted, the reentry bar will be waived and you will be able to apply for the K-1 visa. 

It is important for you to know that the regulations state only that the spouse of a U.S. citizen is eligible to apply for a waiver of inadmissibility. However, fiances are given the opportunity to apply if they would otherwise be eligible had the marriage already taken place. See 9 FAM 41.81 N9.1. Consequently, if your waiver is approved, it will be conditioned on you complying with the K-1 visa requirement that you marry your fiance within 90 days after entering the United States. If the marriage does not take place, the waiver will be void and you will have to depart the country.

If the Past Denial Was Due to Immigrant Intent

If your overstay did not result in a reentry bar, but rather led the consular officer to question your intent to reside in the United States on a temporary basis, it probably will not affect your chances for the K-1 visa.

An F-1 student visa cannot be granted to applicants who appear to have the intent to remain in the United States after completing their academic program. A prior overstay may cause a consular officer to question this intent and deny the F-1 visa. You will not have the same intent issue with the K-1 visa. The K-1 visa is only granted to individuals who intend to marry a U.S. citizen in the United States and apply for permanent residence.

Seeking Legal Advice

If you need to apply for a waiver of inadmissibility, or you are not sure whether or not your overstay will affect your chances for a K-1 visa, it is a good idea to consult with an immigration attorney.