Emergency from Earlier - Flight Changed day 181

[Veronik 19]

Hi all,

Thank you for replying to my freakout of earlier. So here's the deal:

I will be leaving tomorrow, on day 181, arriving in Canada at 7pm.

I drove here on May 23rd, and am flying back.

I have the original flight that I had made for November 22nd, thinking it was 6 months, not 180 days.

What do you think? Will this ruin the whole K-1 application, if I can show that we changed planned as soon as we found out to comply with the law? Also, it's not really a full day, it's less than 24 hours more...

Leave your insights, it's greatly appreciated.

Oh and yeah, if this were to be a big deal, when would I find out? While trying to cross the border again with the approved visa?

[canadian_wife 1,822]

It will not affect your K-1 application. You're fine!

A 1 day overstay is not a big deal. If you are asked about it, it will be at the interview and simply tell the truth

Any chance you can leave before day 180?

Good luck.

Edited November 18, 2009 by canadian_wife

[Gary and Alla 3,694]

Hi all,

Thank you for replying to my freakout of earlier. So here's the deal:

I will be leaving tomorrow, on day 181, arriving in Canada at 7pm.

I drove here on May 23rd, and am flying back.

I have the original flight that I had made for November 22nd, thinking it was 6 months, not 180 days.

What do you think? Will this ruin the whole K-1 application, if I can show that we changed planned as soon as we found out to comply with the law? Also, it's not really a full day, it's less than 24 hours more...

Leave your insights, it's greatly appreciated.

Oh and yeah, if this were to be a big deal, when would I find out? While trying to cross the border again with the approved visa?

I doubt it will be a problem but I wouldn't recommend an overstay which is what you are doing. The problem would come at the visa interview, if any. You WILL have to answer YES to the question about overstays.

[rebeccajo 14]

Clarifying for readers.......if the OP were a resident of a visa waiver nation, even one day would be enough to cost them their visa waiver privileges for the rest of their life.

[JERIII 8]

I missed the beginning of this saga, sorry, but I seem to be unable to find something - OP - why do you think you were admitted for 180 days?

The website of the US Embassy in Canada at http://www.consular.canada.usembassy.gov/canadians.asp

says:

Canadian citizens may remain for up to six months at a time without a U.S. visa. (In a box on the right hand side).

I can't find anything on the USCIS or US Embassy websites that says that Canadians are admitted for 180 days, as opposed to six months, - that, of course, does not mean it isn't there.

[wmtc 0]

Canadian wife is rite the K-1 would not be affected for the overstay of less than 180 days, but you might have hard time crossing has a visitor, they might even deny you entry, If i was you; I will just wait until my K-1 is approved then cross, other then that have safe trip back home and don't worry you will be just fine, just be truthful at the interview that you overstayed by couple of days not knowing the law.

Wish u the best!

Edited November 19, 2009 by wmtc