Will Overstayed Visit Affect K-1 Application/Approval????

[TdotGirl 0]

Hi everyone!

I'm having a bit of an issue...

I just added up the days that I spent in the US for 2008 and now realized that I exceeded the 182 days (by 14 days) that a Canadian is allowed based on the tourist visa waiver program. This was not my intention, I unfortunately miscalculated and forgot about a 10-day visit I took before making my last visit.

I just want to find out if this will negatively affect the process and/or approval of our K-1

*sighs*

Every and anyone's replies are greatly appreciated and highly needed - please...

Thank you and...

Happy Holidays

[♥Stiggy♥ 0]

Did you get an I94? I know some Canadians dont get it..

[TdotGirl 0]

Did you get an I94? I know some Canadians dont get it..

No, I never received an 1-94.

[♥Stiggy♥ 0]

Well then I don't see how they would know, as when you enter back to Canada they aren't going to stamp your passport

[TdotGirl 0]

The only thing is once the visa is processed...

-don't they have access to the CDN Border systems?

-once they check everything won't they be able to add up all the time and see the overstay?

??????

[payxibka 10,045]

The only thing is once the visa is processed...

-don't they have access to the CDN Border systems?

-once they check everything won't they be able to add up all the time and see the overstay?

??????

they don't have access to many pertinent US databases, so the chances of seeing a CDN database are fairly slim...

[♥Stiggy♥ 0]

When you come back into Canada, I dont think they even do anything with your passport other than look at it

[TdotGirl 0]

From what I remember...

Sometimes they ask you when you entered the US though or how long was your visit (I definitely do not want to lie about that)

Also...

Doesn't the USCIS work with the Canadian side to get info as well???

I'm so not sure how this all works *sighs* I'm just trippin' right now and hope that I didn't mess anything up.

We haven't handed in the K-1 yet (almost finished with the package) but now I'm starting to think that maybe we should just get married and process a CR-1..

Thoughts anyone...

[TdotGirl 0]

According to my research...

If this overstay is found out, looks like I will have to file for an I-601!

DAAAANG!!!

Anyone know if there is any way around this, at all or if I'll even be asked for an I-601????

Please do help me out

[pushbrk 12,883]

According to my research...

If this overstay is found out, looks like I will have to file for an I-601!

DAAAANG!!!

Anyone know if there is any way around this, at all or if I'll even be asked for an I-601????

Please do help me out

For a Canadian, this is really a non-issue. It could impact when and for how long you could visit in the near future but should have no impact on the K1 process. They simply don't keep that good a record or share information that well. A visa overstay is another matter altogether.

[TdotGirl 0]

Is this because Canadians are not on the Visa Waiver Program (I put that we are in my first post, but that was my mistake) and considered visa-free when traveling?

During the interview (for the K-1) will they ask:

-if I have ever overstayed?

-how many times I have visited?

-what were the durations of each stay?

-what was the longest visit?

[*Giuly and Rocky* 0]

Is this because Canadians are not on the Visa Waiver Program (I put that we are in my first post, but that was my mistake) and considered visa-free when traveling?

During the interview (for the K-1) will they ask:

-if I have ever overstayed?

-how many times I have visited?

-what were the durations of each stay?

-what was the longest visit?

It would be a problem if u overstayed more than 180 DAYS...u overstaiyd "just" for 14 days so I don't think you will have any problems. Take a look also to the Waiver section on VJ to get more information but I really think you will be fine!!! Good luck on your journey!

[TdotGirl 0]

Thank you everyone for your replies

If anyone else has some advice or more info to share please do so -very much appreciated

Feeling a little bit more at ease (I've been online for -ohgosh- I don't even know how long but I haven't eaten and my stomach is hurting and yelling at me because I keep researching to calm myself down)

I Thank God for this site it is soooooo helpful!

[Gary / Elizabeth 0]

Thank you everyone for your replies

If anyone else has some advice or more info to share please do so -very much appreciated

Feeling a little bit more at ease (I've been online for -ohgosh- I don't even know how long but I haven't eaten and my stomach is hurting and yelling at me because I keep researching to calm myself down)

I Thank God for this site it is soooooo helpful!

Hello, I've just registered on this site, it has been really helpful so far! I am in a similar situation, I am from the Uk and myself and my girlfriend got engaged in November 2008. I was in the US under the Visa Waiver Program from July 08 until October 08 (90 days), went back to the Uk for 2 weeks then back to the US from 16th October to 18th December (64 days). They didn't really like the only going away for 2 weeks thing but let me back in anyway.

I have just got back to Scotland today and my Fiancee will be sending the K1 VIsa package off to VSC on Monday and this process looks like it could be over 6 months from what I have been reading. We were actually planning on getting married in the US on 26th June 2009 but this doesn't seem realistic now. I am wondering if I am allowed back into the US in 2009 under the visa waiver program while the K1 Visa is being processed and how long I am allowed to stay, can anyone answer this? Obviously I don't want to affect the K1 process, any help would be much appreciated!

Clark

[TdotGirl 0]

Thank you everyone for your replies

If anyone else has some advice or more info to share please do so -very much appreciated

Feeling a little bit more at ease (I've been online for -ohgosh- I don't even know how long but I haven't eaten and my stomach is hurting and yelling at me because I keep researching to calm myself down)

I Thank God for this site it is soooooo helpful!

Hello, I've just registered on this site, it has been really helpful so far! I am in a similar situation, I am from the Uk and myself and my girlfriend got engaged in November 2008. I was in the US under the Visa Waiver Program from July 08 until October 08 (90 days), went back to the Uk for 2 weeks then back to the US from 16th October to 18th December (64 days). They didn't really like the only going away for 2 weeks thing but let me back in anyway.

I have just got back to Scotland today and my Fiancee will be sending the K1 VIsa package off to VSC on Monday and this process looks like it could be over 6 months from what I have been reading. We were actually planning on getting married in the US on 26th June 2009 but this doesn't seem realistic now. I am wondering if I am allowed back into the US in 2009 under the visa waiver program while the K1 Visa is being processed and how long I am allowed to stay, can anyone answer this? Obviously I don't want to affect the K1 process, any help would be much appreciated!

Clark

As far as I know you can definitely visit your fiancee while the K1 is being processed, however it can be a bit difficult to get into the country due to the application.

check this post: http://www.visajourney.com/forums/index.php?showtopic=159723

Hope I was helpful!