Update on Emergency - Am now back home

[Veronik 19]

Hi all!

Well, I made it back home on day 181. Flew home as soon as humanly possible. For those who were new on the topic, here`s what happened:

- Drove down to the U.S on May 23rd with my boyfriend to visit (he`s the one from there).

- Got engaged in September.

- Made plans for the visa

- Thought it was allowed for me to be there for 6 months, planned trip back home for the 22nd of November (used the U.S. embassy site as a reference, and they stated 6 months for Canadians - no words about 180 days)

- Browsed this site on November 18th, the 180th day, and saw in the gallery a form of refusal from the governement where the 180 days policy is stated

- Started freaking out, no possibility of leaving that day - fiance at work, can`t drive me to airport. Can`t drive myself back to Canada (from Virginia, we're talking a 12 hour drive, and I found out about the 180 days at 1pm).

- Made flight arrangement for the following day, day 181.

- Made it home

My fiance and I are going to gather the following documents to explain the overstay:

- Original flight information

- New flight information

- Webpage of the U.S. ambassy stating the 6 months law, not 180 days.

- Letter from employer stating that on November 18th, my fiance was working and would not be leaving work in time to drive me to the airport.

Most of the people I spoke to agreed that even though it is not an ideal situation, it should not be enough to refuse the visa. Does anyone know if travaling days (days that you fly or drive) count in the 180 days/6 months? Because technically, I was back in Canada on the 181 days. Really, it is an overstay of half a day.

Thank you for everyone that replied: positively or negatively, sarcastically or honestly.

God Bless!

[TayRivers 4]

I asked a CBP officer how they counted days in the US, I was checking for my mother who would be coming to visit last year for 90 days, so we needed to be exact with the date she needed to be out of the US by. Here is what I was told:- You are classed as bing in the USA from the morning you wake up in the USA, so if you enter the USA on a monday, day 1 would begin the next day. When you leave the USA you need to count that day as part of your 90 days because you woke up in the USA, even if you were on a flight at 5am that day would still count.

So if you were addmitted into the USA on May 23 2009 then day 1 would be May24 2009 - You left on Nov 19 2009 that is day 180.

Hope this helps..

[canadian_wife 1,822]

Yes travel days do count. Repeating what people have already stated, if this becomes an issue, it will be at the interview stage and you will be asked about it. A 1 day overstay will not trigger a ban or need a waiver. However, any overstay is not permitted.

I wouldn't count on visiting the US until you get your immigrant visa

Good luck.

[Gary and Alla 3,694]

Hi all!

Well, I made it back home on day 181. Flew home as soon as humanly possible. For those who were new on the topic, here`s what happened:

- Drove down to the U.S on May 23rd with my boyfriend to visit (he`s the one from there).

- Got engaged in September.

- Made plans for the visa

- Thought it was allowed for me to be there for 6 months, planned trip back home for the 22nd of November (used the U.S. embassy site as a reference, and they stated 6 months for Canadians - no words about 180 days)

- Browsed this site on November 18th, the 180th day, and saw in the gallery a form of refusal from the governement where the 180 days policy is stated

- Started freaking out, no possibility of leaving that day - fiance at work, can`t drive me to airport. Can`t drive myself back to Canada (from Virginia, we're talking a 12 hour drive, and I found out about the 180 days at 1pm).

- Made flight arrangement for the following day, day 181.

- Made it home

My fiance and I are going to gather the following documents to explain the overstay:

- Original flight information

- New flight information

- Webpage of the U.S. ambassy stating the 6 months law, not 180 days.

- Letter from employer stating that on November 18th, my fiance was working and would not be leaving work in time to drive me to the airport.

Most of the people I spoke to agreed that even though it is not an ideal situation, it should not be enough to refuse the visa. Does anyone know if travaling days (days that you fly or drive) count in the 180 days/6 months? Because technically, I was back in Canada on the 181 days. Really, it is an overstay of half a day.

Thank you for everyone that replied: positively or negatively, sarcastically or honestly.

God Bless!

what a relief!!!!!!!!!

[Veronik 19]

Dear Tay Rivers,

You have no idea how much your post has relieved me. I am crying right now because I feel like 100 pounds have been released off my shoulder. If you were at a hugging distance, I think you would have a couple broken ribs right now.

You will never know, how by only writing this you have helped with both my and my fiance's mental health!

Thank you again.

[kizza 1]

Good work on getting home so fast!

[wmtc 0]

What a relief for you. As canadian wife stated Wait! until you get your K-1 visa approved before your crossing again. You will not encounter any ban for overstay less than 180 days, but it might be a problem if you go on visitor's pass, so wait until everything is complete,

All the best

wmtc