Overstay I-94 on tourist visa?

[max+patricia 24]

Hey all,

One question regarding overstays on a tourist visa. This is purely out of curiosity and not because I'm looking to do something against the rules, I'm just interested in what the consequences would be.

My wife is currently in the USA on a tourist visa. We married here in November and filed an I-130 to go the CR-1 route. We didn't plan on getting married when she came, but figured with our history of having a canceled K-1 in our records, it'd be hard to prove it wasn't our intention to marry here and just adjust status. We are going about it the right way and are patiently waiting.

Since she is soon to be leaving, her mom has asked us what the worst thing would be if she overstayed her I-94 while waiting for NVC and the rest of the process. I said at least a guarantee of her tourist visa being canceled, but beyond that in terms of bans, I really don't know. Neither of us are going to jeopardize anything by being foolish with some overstay, but worst case scenario, what would happen?

[grrrrreat 109]

Hey all,

One question regarding overstays on a tourist visa. This is purely out of curiosity and not because I'm looking to do something against the rules, I'm just interested in what the consequences would be.

My wife is currently in the USA on a tourist visa. We married here in November and filed an I-130 to go the CR-1 route. We didn't plan on getting married when she came, but figured with our history of having a canceled K-1 in our records, it'd be hard to prove it wasn't our intention to marry here and just adjust status. We are going about it the right way and are patiently waiting.

Since she is soon to be leaving, her mom has asked us what the worst thing would be if she overstayed her I-94 while waiting for NVC and the rest of the process. I said at least a guarantee of her tourist visa being canceled, but beyond that in terms of bans, I really don't know. Neither of us are going to jeopardize anything by being foolish with some overstay, but worst case scenario, what would happen?

Worst case scenario is she is placed in removal proceedings and ordered removed, which involves at least a 10-year bar from re-entry. That may be somewhat unlikely, as she would likely be offered the opportunity to voluntarily depart without incurring the removal bar, but removal proceedings are always very serious affairs. More likely is that she overstays 180 days and departs before removal proceedings and incurs a three-year bar from re-entry. If she overstays 365 days, it's a 10-year bar. These bars are only waivable if your can prove extreme hardship, and it makes the process much longer.

[max+patricia 24]

I figured so. Obviously, this would all come up in any interview and be trouble then. What kind of issues would less than 180 days cause?

[grrrrreat 109]

I figured so. Obviously, this would all come up in any interview and be trouble then. What kind of issues would less than 180 days cause?

Best case scenario: no effect on the visa application. Worse case scenario: she is placed in removal proceedings and ordered removed as mentioned above. I think the most likely bad thing that can happen is that she departs before 180 days but is unable to prove it, incurring the three-year bar even though she didn't overstay 180 days. I believe once you have an overstay, the burden is on the alien to show that it was less than 180 days, even if the government should know her date of departure based on when she turned in the I-94.

[Andrea&Henry 311]

My advice: Dont let her stay, let her come back to venezuela and wait for her visa to be approved. American goverment is really really hard on people who commited overstay. When I went to my interview to get my k1 visa, a girl who was getting her k1 visa, get denied cause she overstay only for a month. They treated her almost like a criminal, and they were very inquisitive about knowing why she overstayed in the US if she knew she was in delicate process. Also in the ds 230 form, ask you several times if you commited overstay. There's is a part where they ask you several question about be involved with terrorist, or commited any crime, or be involve with narcotrafic, is the kind of items where you better say no to everything, well the first or second question have to do with overstay.

So I really really recommend you guys, not jeopardize your process when you are close to make it. US goverment doesn't need a lot of reasons to denied people, don't give them more reasons.

I know that being apart from your loveone is very very hard, everyone who is involve in this process knows how it feels, but getting a banner for the next 10 years is way worst.

Be patient and do the right thing.

Blessings

[max+patricia 24]

Thanks for the input

No worries personally, my wife left today (unfortunately). Best to do things the right way if at all.

[dwheels76 5,469]

Thanks for the input

No worries personally, my wife left today (unfortunately). Best to do things the right way if at all.

Well welcome to the Visa Journey love boat. You have a wealth of knowledge and support here. Get ready to rack up some flyer miles and well maybe by Christmas (if you file soon) you never know she may be here.

And ya'll did the right thing Bravo.

[grrrrreat 109]

Well welcome to the Visa Journey love boat. You have a wealth of knowledge and support here. Get ready to rack up some flyer miles and well maybe by Christmas (if you file soon) you never know she may be here.

And ya'll did the right thing Bravo.

OP filed at the end of 2011, so it will certainly be much sooner than Christmas!

[max+patricia 24]

Heh, yeh thanks. We've been through this for years now, first with a K-1, now a CR-1. We've been around the block

Good luck to you all too!