problems w overstay

[moonstone 85 0]

hey guys,

I'm new here so sorry if this topic was already somewhere around and i didnt see it.

here my story..

I met my fiance last year November while in the states as an au pair w a J1 visa.

My au pair organisation offerd a "travel month"..my visa was good for 12 month but I took the offer and staied 4 weeks longer.

We filed for K1 in july, got approved in October and my case arrived in Frankfurt, Germany..

They sent me an RFE about my J1 visa..now it showes on the DS 156 that i staied 13 months in the US but my Visa was just good for 12.

I wrote my au pair organisation asking to write me something that this 13th monts was part of the program and i didnt stay just over illegaly.

Do you think i will have any problems to get my Visa there??

Thanks for the help

[Gary and Alla 3,694]

hey guys,

I'm new here so sorry if this topic was already somewhere around and i didnt see it.

here my story..

I met my fiance last year November while in the states as an au pair w a J1 visa.

My au pair organisation offerd a "travel month"..my visa was good for 12 month but I took the offer and staied 4 weeks longer.

We filed for K1 in july, got approved in October and my case arrived in Frankfurt, Germany..

They sent me an RFE about my J1 visa..now it showes on the DS 156 that i staied 13 months in the US but my Visa was just good for 12.

I wrote my au pair organisation asking to write me something that this 13th monts was part of the program and i didnt stay just over illegaly.

Do you think i will have any problems to get my Visa there??

Thanks for the help

Doesn't matter. A 30 day overstay is not an issue in any case. You do not start accumulating any bans until 180 days.

[A&R&Jacob 0]

hi there

I was an au pair as well (10 years ago) and did also stay couple of weeks over the 12 months. It is "common knowledge" i would imagine that J1 visa for au pairs has a clause and also that we're not the first ex- au pairs that have gone through the K1 visa process, so i do hope there shouldn't be any problmes with this.

Please let me know if you have any update on this. Many thanks.

[Bernie C 24]

<!--quoteo(post=3491231:date=Nov 15 2009, 07:49 AM:name=moonstone 85)--><div class='quotetop'>QUOTE (moonstone 85 @ Nov 15 2009, 07:49 AM) <a href="index.php?act=findpost&pid=3491231"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->hey guys,

I'm new here so sorry if this topic was already somewhere around and i didnt see it.

here my story..

I met my fiance last year November while in the states as an au pair w a J1 visa.

My au pair organisation offerd a "travel month"..my visa was good for 12 month but I took the offer and staied 4 weeks longer.

We filed for K1 in july, got approved in October and my case arrived in Frankfurt, Germany..

They sent me an RFE about my J1 visa..now it showes on the DS 156 that i staied 13 months in the US but my Visa was just good for 12.

I wrote my au pair organisation asking to write me something that this 13th monts was part of the program and i didnt stay just over illegaly.

Do you think i will have any problems to get my Visa there??

Thanks for the help<!--QuoteEnd--></div><!--QuoteEEnd-->

Doesn't matter. A 30 day overstay is not an issue in any case. You do not start accumulating any bans until 180 days.

Apparently is does matter as the OP stated they received an RFE.

To the OP - What exactly does the RFE say? The RFE will have to be addressed but without knowing exactly what is says its hard to know what to advise.

[TracyTN 237]

I agree with Bernie C.

Your original post confuses me a bit. If your case is already at the consulate, then it's not USCIS who issued an RFE - the case no longer resides with USCIS, but the Dept. of State. I've also never heard of consulates issuing RFE's - it sounds more like they're wanting you to explain the overstay, but I'm surprised they have done that now instead of asking for the explanation at the consular interview. Definitely not the norm, so I think it's hard for us to guess what the outcome could be.

Also from your original post, "I wrote my au pair organisation asking to write me something that this 13th monts was part of the program and i didnt stay just over illegaly." Sorry to be the bearer of bad news, but your employer doesn't dictate the terms of a visa - they don't have the authority to do that. If your visa was for 12 months, it was for 12 months - regardless of what the employer wanted you to do.

Also, I thought some J1 visas had a 2 year home residency requirement before you could apply for a non immigrant visa. Dunno if that would apply to you or not.

Edited May 20, 2010 by TracyTN

[john_and_marlene 162]

If there is a 2 year HRR, it must be waivered before visa or an adjustment of status can be approved.

Edited May 20, 2010 by john_and_marlene

[JimVaPhuong 4,863]

I agree with Bernie C.

Your original post confuses me a bit. If your case is already at the consulate, then it's not USCIS who issued an RFE - the case no longer resides with USCIS, but the Dept. of State. I've also never heard of consulates issuing RFE's - it sounds more like they're wanting you to explain the overstay, but I'm surprised they have done that now instead of asking for the explanation at the consular interview. Definitely not the norm, so I think it's hard for us to guess what the outcome could be.

Also from your original post, "I wrote my au pair organisation asking to write me something that this 13th monts was part of the program and i didnt stay just over illegaly." Sorry to be the bearer of bad news, but your employer doesn't dictate the terms of a visa - they don't have the authority to do that. If your visa was for 12 months, it was for 12 months - regardless of what the employer wanted you to do.

Also, I thought some J1 visas had a 2 year home residency requirement before you could apply for a non immigrant visa. Dunno if that would apply to you or not.

The original post is 6 months old, so I doubt the OP is going to respond. AgnieszkaAndRandy resurrected this zombie thread.

Anyway, by RFE I think she meant a 221(g) denial notice. That's the notice that states they can't issue a visa without the necessary documents, and then gives a specific list of what documents are required.

[TracyTN 237]

OH! Thanks Jim - I didn't even notice that!!

[lara1604 0]

Have you got 221(g)? If "yes", please could you show how it looks like...I mean can you attach it here