Uh-oh

[morningstar 0]

Firstly, I apologize if this post would be better on another board...

I have explored the world wide web for hours today in search for my answer to no avail. Here's the scoop: My fiance currently has a C1/D visa. His contract with his employer is finished in two weeks. Well, we both decided it would be a good idea for him to meet my family, friends, and see what my life is like at home. I did research to find out about the duration of a crew-member's visa. A C1/D visa holder is allowed in the USA up to 29 days. Upon further research and consulting a paralegal friend who works at an immigration law office, I decided we were safe and it wouldn't be a problem for him to stay in the USA for two weeks (to visit me and sign some papers at the Turkish consulate to defer military service) before heading back to his country. Well, we recently filed a K-1 petition and I started thinking more about his visit, which triggered my research binge today. I somehow missed the fact that an overstay is executed once the visa holder stays beyond the date noted on the I-95, and NOT the length of the visa itself. Make sense so far? My fiance already booked his tickets to ATL-NYC-IST and has informed me he isn't going to cancel his flights. Yes, I know what he is doing is illegal. Yes, I am quite aware of the consequences. Yes, I know an overstay is an overstay no matter the length.

I have read that an overstay of 180+ = a ban. What about an overstay of two weeks? I understand every embassy is different, but what is the likelihood we will have to file a waiver?

If anyone can give me advice or link me to another forum post or anything else-- I will be forever grateful.

Thanks in advance

Edited March 3, 2011 by morningstar

[Penguin_ie 5,996]

There is no ban, thus no waiver, for a 2 week overstay. They will probably ask him about it at the interview, but that is it.