POE Possible Technicality

[CandZ 7]

I was wondering about a potential technicality that may arise at some point in our future visa journey. It's in regards to the POE at which my foreign fiancee will enter with her K1 visa (or possibly at the embassy interview). Last year my fiancee was here on a student working visa (June-October 2012). Her ticket to leave the country was just a day or two before she was required to leave. Coincidentally, all flights from JFK were cancelled that day and ultimately postponed for a week later due to Hurricane Sandy. This caused her to overstay by a few days. I'd like to believe that they would understand, but I'm inclined to be prepared for a fight. My fiancee will have a clean, unstamped new passport because the one that has the "overstayed stamp" was nearly expired, but I have little confidence that they won't be able to see this blunder in their systems regardless of its absence from her passport. What do you guys think ? I want to be prepared with proof that she intended to leave in accordance with the law, but was forced to remain out of her control. Do you think we'll have problems beyond this ?

[bt1 42]

I was wondering about a potential technicality that may arise at some point in our future visa journey. It's in regards to the POE at which my foreign fiancee will enter with her K1 visa (or possibly at the embassy interview). Last year my fiancee was here on a student working visa (June-October 2012). Her ticket to leave the country was just a day or two before she was required to leave. Coincidentally, all flights from JFK were cancelled that day and ultimately postponed for a week later due to Hurricane Sandy. This caused her to overstay by a few days. I'd like to believe that they would understand, but I'm inclined to be prepared for a fight. My fiancee will have a clean, unstamped new passport because the one that has the "overstayed stamp" was nearly expired, but I have little confidence that they won't be able to see this blunder in their systems regardless of its absence from her passport. What do you guys think ? I want to be prepared with proof that she intended to leave in accordance with the law, but was forced to remain out of her control. Do you think we'll have problems beyond this ?

Your best and only legal option is to be open about it and answer the question, yes, I overstayed. You may then attach a letter explaining the circumstances and even better, attach the documentation showing original itinerary and then re-scheduled one (The airline would have given you this). Just because she has a new passport doesn't mean she can erase this event. Besides, they don't go by what is says in the passport but what is in the system. Be honest and you will be fine!

[rascalcat 28]

I dont think they would have a problem with this, as it was out of your control. Plus as she left a few days as soon as she was able to, then this should not create a problem. I am guessing a lot of people had to miss flights and re book because of the same situation you were in due to the hurricane, so i am sure they are aware of that, as it would fall under the same time frame. You could call the airline and ask them to give you some kind of confirmation of your flight that was cancelled, and the reason why. Maybe you could email them and ask for some kind of confirmation of this. Then you could present this at POE. However, i am sure they could check at POE that her flight had been cancelled, and the reason why. They could easily check with the airline if needed.

[rascalcat 28]

Your best and only legal option is to be open about it and answer the question, yes, I overstayed. You may then attach a letter explaining the circumstances and even better, attach the documentation showing original itinerary and then re-scheduled one (The airline would have given you this). Just because she has a new passport doesn't mean she can erase this event. Besides, they don't go by what is says in the passport but what is in the system. Be honest and you will be fine!

Yes as you re-booked and left asap, then i cant see how you could have broken any law. Natural disasters are out of our control. If you have your original itinerary then this is good evidence you were ready to leave at the correct time, and you can prove your flight was cancelled. So you should be fine after explaining this.

[CandZ 7]

Your best and only legal option is to be open about it and answer the question, yes, I overstayed. You may then attach a letter explaining the circumstances and even better, attach the documentation showing original itinerary and then re-scheduled one (The airline would have given you this). Just because she has a new passport doesn't mean she can erase this event. Besides, they don't go by what is says in the passport but what is in the system. Be honest and you will be fine!

I dont think they would have a problem with this, as it was out of your control. Plus as she left a few days as soon as she was able to, then this should not create a problem. I am guessing a lot of people had to miss flights and re book because of the same situation you were in due to the hurricane, so i am sure they are aware of that, as it would fall under the same time frame. You could call the airline and ask them to give you some kind of confirmation of your flight that was cancelled, and the reason why. Maybe you could email them and ask for some kind of confirmation of this. Then you could present this at POE. However, i am sure they could check at POE that her flight had been cancelled, and the reason why. They could easily check with the airline if needed.

Yes as you re-booked and left asap, then i cant see how you could have broken any law. Natural disasters are out of our control. If you have your original itinerary then this is good evidence you were ready to leave at the correct time, and you can prove your flight was cancelled. So you should be fine after explaining this.

Thank you everyone. Yes we fully intended to be honest as we have nothing to hide. However, I want to be fully prepared with evidence to back ourselves. I think I'll do just as everyone says and make sure my fiancee has the original itinerary plus the rescheduled one and any other confirming proof. I knew that her overstay would be in their system which is why I want to be fully prepared with an answer and evidence of good faith.

[BaBamSam 239]

Thank you everyone. Yes we fully intended to be honest as we have nothing to hide. However, I want to be fully prepared with evidence to back ourselves. I think I'll do just as everyone says and make sure my fiancee has the original itinerary plus the rescheduled one and any other confirming proof. I knew that her overstay would be in their system which is why I want to be fully prepared with an answer and evidence of good faith.

They MIGHT have a problem with it. During the volcanic eruption a couple of years ago, flights to/from Iceland (and other countries) were cancelled for a month or more. There was a huge problem because a lot of Icelandic travelers overstayed. Their overstays were not waived and it did count against them.

I do not mean to be a negative here, but just want you to be prepared for that. She didn't overstay long enough for a ban or anything, but be prepared that they may not understand fully.

[baron555 934]

Your best and only legal option is to be open about it and answer the question, yes, I overstayed. You may then attach a letter explaining the circumstances and even better, attach the documentation showing original itinerary and then re-scheduled one (The airline would have given you this). Just because she has a new passport doesn't mean she can erase this event. Besides, they don't go by what is says in the passport but what is in the system. Be honest and you will be fine!

Yep...you have a verifiable reason and should state that. Period. It shouldn't be an issue, but yes you did overstay.

[CandZ 7]

They MIGHT have a problem with it. During the volcanic eruption a couple of years ago, flights to/from Iceland (and other countries) were cancelled for a month or more. There was a huge problem because a lot of Icelandic travelers overstayed. Their overstays were not waived and it did count against them.

I do not mean to be a negative here, but just want you to be prepared for that. She didn't overstay long enough for a ban or anything, but be prepared that they may not understand fully.

Thanks, I don't see it as negative. In fact when it comes to these government dealings I go in assuming the worst which is why I started this thread. I will prepare her as best as possible to answer their questions and show supporting evidence, but I'm assuming there will be a struggle.

Yep...you have a verifiable reason and should state that. Period. It shouldn't be an issue, but yes you did overstay.

Ahhh, I know it's making me a little nervous... We will have the truth and proof on our side, but the fact remains...she overstayed.