Overstay by 1 day

[Manaxsama 0]

On my fiance's last visit to the US, he technically overstayed for 1 day on the VWP. I was wondering if this would cause a problem when I file for the K1?

It might not be a problem because he was taken aside and questioned at POE because he lost the paper that had my address on it, they tried to call to clear things up my phone didn't ring, and they asked him who he was staying with (he didn't know my roommates' last names.) So he was questioned for a while, so they knew what day he was leaving (as he had a round trip ticket and was asked several times.), and eventually he was allowed entry. So you would think that the officer would have not let him through or would have informed him to get a ticket with an earlier date if it was an issue? I counted the days, and the total came to 91 (not including the day he left.) Would this be an issue, and do you think I should contact a lawyer for legal advice?

[YuAndDan 153]

This should not cause a problem.

Overstays of 1 day to 179 days don't get a bar. 180 days to a year get a 3 year bar, and 1 year and longer get a 10 year bar.

(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e )) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html Edited October 15, 2008 by YuAndDan