WIll an overstay automatically mean a denial?

[AustoUsa 1]

My Aussie fiance and I are getting ready to apply for the K-1 and are worried about an overstay of 1 day from 2006. He tried entering Canada, but because the woman he was doing a ride-share with was denied, he was too. He left the next day (one day past his expiry date) for the Bahamas.

In 2007 he applied for and was granted a one-year tourist visa. He received another year-long visa in 2009. He was just denied another year-long visa this March.

Keeping all this in mind, what are the chances that he'll be denied entry as my fiance? Should we get married in Oz and have him immigrate as my spouse?

Thanks!!!

[pushbrk 12,883]

My Aussie fiance and I are getting ready to apply for the K-1 and are worried about an overstay of 1 day from 2006. He tried entering Canada, but because the woman he was doing a ride-share with was denied, he was too. He left the next day (one day past his expiry date) for the Bahamas.

In 2007 he applied for and was granted a one-year tourist visa. He received another year-long visa in 2009. He was just denied another year-long visa this March.

Keeping all this in mind, what are the chances that he'll be denied entry as my fiance? Should we get married in Oz and have him immigrate as my spouse?

Thanks!!!

About 0% as a result of a 1 day overstay. For any other reason, near zero as well. Obtaining a visa is a separate question for which odds have no relevance.

Edited May 14, 2010 by pushbrk

[VanessaTony 3,567]

My Aussie fiance and I are getting ready to apply for the K-1 and are worried about an overstay of 1 day from 2006. He tried entering Canada, but because the woman he was doing a ride-share with was denied, he was too. He left the next day (one day past his expiry date) for the Bahamas.

In 2007 he applied for and was granted a one-year tourist visa. He received another year-long visa in 2009. He was just denied another year-long visa this March.

Keeping all this in mind, what are the chances that he'll be denied entry as my fiance? Should we get married in Oz and have him immigrate as my spouse?

Thanks!!!

Welcome to VJ!

Please have a look at my signature which contains Aussie specific threads which should help you through your journey.

The overstay doesn't matter at all. Don't worry about that. The denials would only matter depending on the reason for the denial. I suspect he was denied because he didn't show enough ties to Australia and they suspected "immigration intent". A K1, while being a non-immigrant visa, is for immigration purposes so being denied a visitor visa because they thought he wanted to move to the US is redundant in terms of the K1 because that's it's whole purpose! Trust me when i say a denial of a visitor visa on those grounds will NOT affect him.

Whether he is approved the visa or not of course relys on your relationship and proving that you have a strong and ongoing relationship. Australia is a low-fraud consulate and while there may have been denials there, I haven't seen any in my time here on VJ.

Like I said, check out the links in my signature and come over and chat to us Aussies. I'm sure he'll be fine

[AustoUsa 1]

Welcome to VJ!

Please have a look at my signature which contains Aussie specific threads which should help you through your journey.

The overstay doesn't matter at all. Don't worry about that. The denials would only matter depending on the reason for the denial. I suspect he was denied because he didn't show enough ties to Australia and they suspected "immigration intent". A K1, while being a non-immigrant visa, is for immigration purposes so being denied a visitor visa because they thought he wanted to move to the US is redundant in terms of the K1 because that's it's whole purpose! Trust me when i say a denial of a visitor visa on those grounds will NOT affect him.

Whether he is approved the visa or not of course relys on your relationship and proving that you have a strong and ongoing relationship. Australia is a low-fraud consulate and while there may have been denials there, I haven't seen any in my time here on VJ.

Like I said, check out the links in my signature and come over and chat to us Aussies. I'm sure he'll be fine

Thanks for answering my question and the advice. I looked at some of your threads and am loving all the info. This process seems so daunting and complicated, but with this site and people like you, it is seeming less scary. Did you do all the legwork yourself? Do you think there's any stock in me hiring a lawyer over here in the US? Reading this site makes me think I should save my money and use this as a very informative resource.

My fiance and I have been together for 5 years and met in New Orleans right before Hurricane Katrina. We've spent our time flip-flopping countries to be together and are looking forward to settling in one place and not having to worry when a tourist visa expires, etc. I'm not worried about proving our relationship at all, but was scared about his overstay and denial. But now I'm not! Yay! Can't wait to start this process!!!

[twowls 217]

Thanks for answering my question and the advice. I looked at some of your threads and am loving all the info. This process seems so daunting and complicated, but with this site and people like you, it is seeming less scary. Did you do all the legwork yourself? Do you think there's any stock in me hiring a lawyer over here in the US? Reading this site makes me think I should save my money and use this as a very informative resource.

My fiance and I have been together for 5 years and met in New Orleans right before Hurricane Katrina. We've spent our time flip-flopping countries to be together and are looking forward to settling in one place and not having to worry when a tourist visa expires, etc. I'm not worried about proving our relationship at all, but was scared about his overstay and denial. But now I'm not! Yay! Can't wait to start this process!!!

You'll do fine without a lawyer. Maybe (probably) even better without one than with. Everything you need is here, and if you have the capacity to follow the instructions carefully, you're in. Most here would agree, unless your case is complex, which it isn't. My fiance and I have a couple minor issues similar to yours, and we've done it all ourselves with no problems.

[VanessaTony 3,567]

Thanks for answering my question and the advice. I looked at some of your threads and am loving all the info. This process seems so daunting and complicated, but with this site and people like you, it is seeming less scary. Did you do all the legwork yourself? Do you think there's any stock in me hiring a lawyer over here in the US? Reading this site makes me think I should save my money and use this as a very informative resource.

My fiance and I have been together for 5 years and met in New Orleans right before Hurricane Katrina. We've spent our time flip-flopping countries to be together and are looking forward to settling in one place and not having to worry when a tourist visa expires, etc. I'm not worried about proving our relationship at all, but was scared about his overstay and denial. But now I'm not! Yay! Can't wait to start this process!!!

You'll do fine without a lawyer. Maybe (probably) even better without one than with. Everything you need is here, and if you have the capacity to follow the instructions carefully, you're in. Most here would agree, unless your case is complex, which it isn't. My fiance and I have a couple minor issues similar to yours, and we've done it all ourselves with no problems.

Agreed. Lawyers tend to make things a bit more difficult than they need to be because their typists don't double-check things. A few people have had RFE's (here's a definition list just in case you don't know some of the shorthand: http://www.visajourney.com/content/definition ) simply because the lawyers typist wrote something wrong. Or they've noticed the errors themselves when looking at the copies of the documents the lawyers have ALREADY sent. Total waste of time (not to mention money) UNLESS your case is difficult, which from what limited you've said so far, I don't think it is.

Myself (and a lot of the recent Aussie's you'll see posting in the Aussie chat thread) have done ALL the leg work ourselves. You'll find the threads in my signature invaluable for what to expect from Australia, as a lot of consulates do things differently from one another, and then each state in Australia does other things differently (for medicals and police checks).

I look forward to chatting with you in the Aussie threads. Congrats on starting the process!

[Fandango 1,439]

Everyone needs to be really careful when advising someone to NOT use a lawyer. Remember, any advice you may have is purely anecdotal, and seeing as no one knows the OP personally and the ins and outs of his/her situation, I'd be very cautious in telling someone categorically that lawyers aren't any benefit in a particular situation.