stayinin u.s. waiting for k-3 interview-can I be denied at interview?

[itsallgreektome 0]

Hi everyone,

Since I married my u.s. husband I have visited the u.s. fregquently. In April for 10 days, May for 5 days, june for 5 days, from july 4 to Aug 10 '07 (approx 37 days) then, Aug 25 to Oct 28 and this last stay (and I am still here but going back for my interview on April 14 '08) from Nov 10 to March 30. '08 (5 months for this stay) . Would I be considered overstaying. If so, would they not have noticed that on my package 3 and not granted me an interview based on my visits.? I am so so worried. I have read on this site about the 6 month limit and some say that it is from Jan to Dec and others say it is a 12 month rotating period. I am so not sure. I hope one can help me with this. If they deny me a k-3 visa at my interview how could I appeal that decision.

[Chica Yeyé 41]

I believe it's 6 months in the 12 month rotating period, but I am not sure.

[Kathryn41 3,205]

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

[itsallgreektome 0]

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

How sure are you about this? I think I am going to be sick.

[Chica Yeyé 41]

Kathryn knows her stuff. I guess you can always begin to prepare the waiver, can't hurt to be ready.- that's why in theory we're supposed to wait in Canada for our interview. Hope it works out for you.

[itsallgreektome 0]

Kathryn knows her stuff. I guess you can always begin to prepare the waiver, can't hurt to be ready.- that's why in theory we're supposed to wait in Canada for our interview. Hope it works out for you.

I am going to be sick for sure.

[BIGG DADDY 0]

hi....how do they know? I've crossed over numerous times and everytime I come back into Canada my passport is never scanned or even looked at. All their going to see is the entry. I've been asked by Customs when my last visit was and because I've been married for 16 yrs I must have 30 entries but they never know when I've re-entered into Canada.

[Allie 5]

hi....how do they know? I've crossed over numerous times and everytime I come back into Canada my passport is never scanned or even looked at. All their going to see is the entry. I've been asked by Customs when my last visit was and because I've been married for 16 yrs I must have 30 entries but they never know when I've re-entered into Canada.

Wouldn't they have a persons entry and return records logged on thier systems ( U.S. and Canada ) I know a couple times when I entered back into Canada I was asked how long I was in the U.S. and when I went to the U.S was asked how long I plan on being there

[LadyJane 1]

Sometimes Canadian border patrol won't even take our passports. So when I'm taking my husband back to Windsor to catch the train, his reentry is not always recorded.

I suppose that we could ask them to record the reentry, just to be sure.

[itsallgreektome 0]

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

Kathryn41. How do you know for sure. I am going to be so sick. My body is shaking.

[Chica Yeyé 41]

It is 6 months in the 12 month rotation. I believe that if you have an overstay sufficient to create a ban, then at the interview they deny the visa and tell you that you need to submit a waiver to overcome the bar. The overstay that creates a ban is 3 years for a 180 day overstay and 10 years for a 1 year overstay.

Kathryn41. How do you know for sure. I am going to be so sick. My body is shaking.

Kathryn is correct, that's the law - or so I believe as well. Check out the waivers subforum though, I'm sure you'll find a lot of people in your situation or with experience with waivers. Good luck, L.

Edited March 21, 2008 by Len_and_Bren

[Flames9_RN 358]

Sometimes as Canadians, depending how one entered,they may not have recorded your entry/departure. If it were I, I would soon head back to Canada and live with ur parents/friends. So at the interview they may ask where you live? And the correct response would be with my parents/friends in Canada!! As wel have that waiver handy and filled out, just in case you do require it!! Best of luck

[MrsCat 6]

hi....how do they know? I've crossed over numerous times and everytime I come back into Canada my passport is never scanned or even looked at. All their going to see is the entry. I've been asked by Customs when my last visit was and because I've been married for 16 yrs I must have 30 entries but they never know when I've re-entered into Canada.

I guess it depends on the POE, and if you remember each time if you filled out a piece of paper stating when you left and when you re-entered. I think the fact of the matter is, this is going to force her to lie. Clearly she knows that she's spent more than 6 months in the US in the past 12.

I mean if she wants to risk it and lie I guess that's up to her - she can say she was there for 3 weeks or whatever. But if they know about your overstay, they're going to see if you're going to lie. And if you're caught being dishonest and evasive that is much worse.

Cause I kinda of agree, how on earth can the actually know when you've left?! Did you fly, or drive? Flying is a much more formal entry into the country.

Honesty is always the best policy. I would just explain that you believed each trip could be up to 6 months, you weren't aware that it was for a 12 month period. Explain that each time you entered the country, you were asked the purpose of trip, the expected return date - and no one at the POE stated that you have already spent more than 6 months in the country. I am sure this is going to create some sympathy from the examining officer.

That really really sucks!

[spauldingjeffrey 0]

I would just chill out a little if you were not issued a green I-94 card at the border when you entered it is pretty hard track. here is a link to a some info and a study that explains the tracking of overstays from canada and mexico with out being issued an I-94.http://www.gao.gov/new.items/d0482.pdf

If the consulate see that you have traveld back and forth from canada and the us it could be enough for them to see that you are aware of the laws and tha you abide by them.

good luck!

[itsallgreektome 0]

I would just chill out a little if you were not issued a green I-94 card at the border when you entered it is pretty hard track. here is a link to a some info and a study that explains the tracking of overstays from canada and mexico with out being issued an I-94.http://www.gao.gov/new.items/d0482.pdf

If the consulate see that you have traveld back and forth from canada and the us it could be enough for them to see that you are aware of the laws and tha you abide by them.

good luck!

thank you very much