Overstay

[baron555 934]

I read online that it is a problems if it is more than 180 days

The probelms it, that USCIS obviously does not even know how long i overstayed or why I even have a remark on my file.

AND: if i would have overstayed more then 180 days, they would not have let me in the country the 2nd time, right?

So I guess I just wanna now, if a "minor overstay" could make it difficult to get a CR1 visa?

Even though you are getting conflicting information from USCIS, your information and dates are in there, just need more AP to determine them.

Yes any and all overstays will be a detriment to any visa peition.

Continued overstays will only make your situation more negative. You know what you did, be honest and file your petition and a waiver letter and stop overstaying.

[Omark 3]

Our attorny told us not to worry about those overstays because they would not affect the CR1.

So no, I did not try to challenge the first reason. (Well, I emailed the embassy, but the never emailed me back. Then we hired an attorny and "stopped worrying about it")

I was using a F1 Visa to attend a privat high school.

No, they did not impose a ban for me to come back.

If your I-94 has a D/S on it then you dont have any overstay.

A D/S?

I dont have my I-94 anymore...?

F-1 Visa or a student visa.....when u enter on it they stamp ur I-94 with D/S (admitted until).I94 determines if you had overstayed or not and if you dont have I-94 in ur possesion i am sure you can request a copy.

[JuneFirst 1]

I read online that it is a problems if it is more than 180 days

The probelms it, that USCIS obviously does not even know how long i overstayed or why I even have a remark on my file.

AND: if i would have overstayed more then 180 days, they would not have let me in the country the 2nd time, right?

So I guess I just wanna now, if a "minor overstay" could make it difficult to get a CR1 visa?

Even though you are getting conflicting information from USCIS, your information and dates are in there, just need more AP to determine them.

Yes any and all overstays will be a detriment to any visa peition.

Continued overstays will only make your situation more negative. You know what you did, be honest and file your petition and a waiver letter and stop overstaying.

Thank you for your nice, helpful answer

[JuneFirst 1]

Our attorny told us not to worry about those overstays because they would not affect the CR1.

So no, I did not try to challenge the first reason. (Well, I emailed the embassy, but the never emailed me back. Then we hired an attorny and "stopped worrying about it")

I was using a F1 Visa to attend a privat high school.

No, they did not impose a ban for me to come back.

If your I-94 has a D/S on it then you dont have any overstay.

A D/S?

I dont have my I-94 anymore...?

F-1 Visa or a student visa.....when u enter on it they stamp ur I-94 with D/S (admitted until).I94 determines if you had overstayed or not and if you dont have I-94 in ur possesion i am sure you can request a copy.

Thank you for your answer

i left the states 2 weeks after the end of school - with approximatly 60 other students from my ex. organisation after spending a weeks-farewell trip in NYC that my exchange organisation has planned.

I did not overstay.

[vickydeutsch 0]

Ok i hope i can help you....I also came the first time to the US and apply for a change of status (F1). I finished college, had a temporary work authorizarion. WHile my temporary work authorization was still updated, the president of company where I was working, wanted to sponsor me so I could work another year. I hired a lawyer and there was a delay in the paperwork filing so my application was sent days after my work authorization expired. I stayed in the country while I was waiting for an answer (from February to December 2006) and of course my work authorization had expired already. At the beginning of December i received a letter of USCIS saying that DOL approved my petition and also did USCIS. However, I had to return to my country to get a work visa because i "overstayed". My lawyer told me not to worry because all my paperwork was ok. I returned to my country and went for an interview in the American embassy and they denied my visa. That lady told me I overstayed and a lot of bull$%^^ more.

I thought I wasn't be able to see my fiance (husband now ) Even though he told me he was going to file a k1 visa for me. I was very worried about the other incident with the work visa but nothing happened. Nobody asked me anyhting about anything when I went to the American Embassy, this time for my k1 visa.

So just go for the k1 visa!!! good luck!!!!

Edited August 12, 2009 by vickydeutsch