Overstay while applying for K1

[kittylondon 47]

This is one of those situations where I already know the answer, but need you guys to be the nail in the coffin for some thoughts of mine! I'm currently in the US on the Visa Waiver Programme (UK citizen). My 90 days runs out in a couple of weeks. We filed our I-129F Jan 10th, and have received our hard copy NOA from Vermont. So, what I need to do is go back to London until the Summer when hopefully we'll be approved and I'll receive the K1. Except... there is this terribly stupid part of me that wants to overstay for a little while, since it seems they are forgiven when entering into marriage anyway. It seems to me that if I had overstayed by a few weeks in the past, it would be forgivable as long as I am honest when asked at interview. However surely to do it at this point in time - while my application is pending - is just foolish. Of course there are a million emotional reasons I want to stay, and none of you need to hear about how much we love each other or whatever things we may be going through that make me think it's worth the risk to stay. Just tell me it's not worth the risk, because I need to stop these thoughts of thinking it is even an option to stay! *Braces herself for reality check*

[Knope2012 10]

This is one of those situations where I already know the answer, but need you guys to be the nail in the coffin for some thoughts of mine! I'm currently in the US on the Visa Waiver Programme (UK citizen). My 90 days runs out in a couple of weeks. We filed our I-129F Jan 10th, and have received our hard copy NOA from Vermont. So, what I need to do is go back to London until the Summer when hopefully we'll be approved and I'll receive the K1. Except... there is this terribly stupid part of me that wants to overstay for a little while, since it seems they are forgiven when entering into marriage anyway. It seems to me that if I had overstayed by a few weeks in the past, it would be forgivable as long as I am honest when asked at interview. However surely to do it at this point in time - while my application is pending - is just foolish. Of course there are a million emotional reasons I want to stay, and none of you need to hear about how much we love each other or whatever things we may be going through that make me think it's worth the risk to stay. Just tell me it's not worth the risk, because I need to stop these thoughts of thinking it is even an option to stay! *Braces herself for reality check*

I would highly advise not overstaying. If you overstay, it's possible you'll get a ban and the US is not very forgiving in these situations. There was a movie released last year called "Like Crazy" that dealt with a UK citizen overstaying in the US, and she got hit with a 10 year ban. Unfortunately, even with a good attorney, that's accurate. I understand wanting to overstay, but your best course of action is to go back to the UK and wait on the Visa. This is not the time to complicate things. I'm sorry

[sara80 17]

I don't think it's worth risking overstaying a few days/wks.. better get back to the uk and patiently wait for your petition to get approved. If you do overstay, you may regret it afterwards with no chance of going back in time!! Better safe than sorry!!

[Pitaya 2,577]

It is pretty straight forward, you can either abide by the rules and regulations of USCIS, or you can be deported, the K1 visa denied, and a possible lifetime ban. It is your choice.

Good luck.

[orangedesk 27]

I would advise against overstaying as well... but why not go back to the UK for a few days, reset the 90 day clock and then come back again? Depending on the airport you're flying into, I don't think flights are that expensive right now, all things considered. The other idea if you're worried about being let back in is to fly from the UK to Ireland where you can clear Customs there and it's like a domestic flight coming back into the United States.

[benuk 18]

Dude why even bother to ask you and we all know the risk that you getting into it plus the winter here is not bad and in my case I live in London so I have lots to do and keep myself busy! Time fly and by the time you realize is already summer and you get your visa or you might get a ban and wait for at least 5 to 10 years! So easy to choose isn't? Not only you but thousands of us would like to be there as well just think that a Filipino need sometimes to wait 10 years to get a visa so what really is 6 months?

Not trying to judge but you asked.

Stay strong.

[C-ma'am 684]

You already know the answer to this one....

As someone else said it on a previous post: Overstaying is a fancy word for remaining illegally in the Country.

Regardless of the reasons why you want to overstay. The questions you need to ask yourself are: Is it overstaying for a couple of weeks, worth it? Or is the sacrifice of being apart, knowing you'll be together soon?

We all know what it's like to be apart from our significant other (I am going through it right now). I say... Don't risk a lifetime together over a couple of extra weeks, that could cause you to be apart forever.

Best of luck!

Celeste

[Harsh_77 718]

I could be wrong might want to double check if the overstay if forgiven for K1, I know CR1 it is not sure on K1.

[Harpa Timsah 13,258]

Overstay is NOT forgiven on marriage. A ban won't kick in until 180 days of overstay. If you overstay by even one day, then you can no longer use the VWP. What if your petition went slow and you don't come back until around August or September (which is more realistic than your "summer" estimation)? I'd keep my options for visiting in a few months open, just in case. Good luck.

[kittylondon 47]

Thanks everyone, don't worry about being harsh, I was clear about asking you all to tell me to be sensible! I did not know that you could clear customs in Ireland, and I worked for British Airways for years - interesting! Hopefully i'll be able to come back in between, or see if my man can get some time off Med School to come to see me in London... You are all so patient, and I hope everyone gets what they want, and soon!

[kittylondon 47]

Overstay is NOT forgiven on marriage. A ban won't kick in until 180 days of overstay. If you overstay by even one day, then you can no longer use the VWP. What if your petition went slow and you don't come back until around August or September (which is more realistic than your "summer" estimation)? I'd keep my options for visiting in a few months open, just in case. Good luck.

I consider August and September summer September is certainly often the most beautiful month in London!

Thanks for your reply, you're right.

[mr and mrs 187]

go ahead and leave on time (even if its really hard/sad). take the time to settle your affairs, spend time with friends and family, and PACK. (yikes!)

the time will pass by soon enough. yes, it will be painful at times, but many of us survived it. you will likely not be able to visit on the VWP with a pending k1, unless you can show enough ties to ensure your return to the UK.

there is also the possibility that if you simply feel like you cannot leave, you can get married and submit AOS (before your 1-94 expires). it doesnt seem to me that you came to the US with the intention of immigrating (sounds like you came for a long visit). you would have to get things together very quickly though. and you would not really be able to go back to the UK until you got advance parole or your green card.

just another option, but i assume you have things you need to do in the next 4 months (roughly how long AOS is taking) in the UK.

go back. keep a stiff upper lip. and you will be back, for good in a few months.

best.

[orangedesk 27]

I did not know that you could clear customs in Ireland, and I worked for British Airways for years - interesting!

I didn't know it until recently as well. My guy hasn't tried it yet or anything, but we have it as a "backup" option. Here's more info: http://en.wikipedia.org/wiki/United_States_border_preclearance#Ireland

If anything, I think it'll be a lot easier if you're worried about being turned away and sitting on a long flight back home.

[kittylondon 47]

go ahead and leave on time (even if its really hard/sad). take the time to settle your affairs, spend time with friends and family, and PACK. (yikes!)

the time will pass by soon enough. yes, it will be painful at times, but many of us survived it. you will likely not be able to visit on the VWP with a pending k1, unless you can show enough ties to ensure your return to the UK.

there is also the possibility that if you simply feel like you cannot leave, you can get married and submit AOS (before your 1-94 expires). it doesnt seem to me that you came to the US with the intention of immigrating (sounds like you came for a long visit). you would have to get things together very quickly though. and you would not really be able to go back to the UK until you got advance parole or your green card.

just another option, but i assume you have things you need to do in the next 4 months (roughly how long AOS is taking) in the UK.

go back. keep a stiff upper lip. and you will be back, for good in a few months.

best.

that really made me feel better, thank you so much for the reply. i certainly didn't intend to emigrate, and the proposal was a beautiful surprise. nevertheless i think we'll stick with the K1 application, i'm not worried about eventual approval, we have a solid history together, even if we get any silly RFE's.

hey, we've all had moments of weakness, right! and i guess we've all been through so many goodbyes, we must have one more in us somewhere good luck to everyone.

[mr and mrs 187]

that really made me feel better, thank you so much for the reply. i certainly didn't intend to emigrate, and the proposal was a beautiful surprise. nevertheless i think we'll stick with the K1 application, i'm not worried about eventual approval, we have a solid history together, even if we get any silly RFE's.

hey, we've all had moments of weakness, right! and i guess we've all been through so many goodbyes, we must have one more in us somewhere good luck to everyone.

good girl! im proud of you!

youll be FINE. stick around here for support, perspective and geeky immigration trivia.