Few days overstay on B1, about to start a K1/K3 soon. Scared!

[Dianalorena 1,153]

Hi guys,

I've been reading around for a few weeks and decided to join, ask questions and share. Sorry if this is not the correct section, as it involves so many things: my tourist VISA issues, being denied entry, a possible K1 or K3. Even a previous green card process. All of it! All the drama!

So I visited the US for a much needed hiatus/vacation after a nasty divorce (been separated for over a year) and foolishly overstayed for 4 days. It was never the intention, but I met a guy, fell in love and started living with him. I am an independent tattoo artist/my own boss, so I can take time off whenever I want to. I came back to Mexico when the time was up and to continue my work, and tried to re enter (again, stupid, and in love) after less than 3 months and got denied entry, understandably so.

My VISA wasn't taken away, marked, broken or anything of the sort, but I've heard that I have to re apply for one anyway. So I made the appointment and I have to go this Wednesday, armed with all the paperwork I can to prove ties in Mexico, work, money, etc. But I know there is a big chance I can get denied. Do I mention the fiancé or that is an awful idea, since I have no pending paperwork? I don't want to lie when they ask why I stayed so long, or wanted to come back.

Now that I've read so much about it I regret my choices. This is the first time I've broken an immigration law and I'm mortified, because I don't know if I should keep trying to get a tourist VISA or just stop and start the K1 or K3 (if we decide to get married here, etc) process without trying to enter the US for a while. My intention is not to travel there and get married, as I know it can be considered fraud, and I don't want to risk it any further. I've read that an overstay of less than 180 days doesn't qualify for a ban, but I don't know if it can be an issue for a K1 or K3.

Unfortunately to add to the soap pera, three years ago I started a green card process with my ex husband that is an american citizen (which was accepted, but never finalized) and I stopped it once I decided to get a divorce. I don't know if the combination of an overstay + previous green card attempt =hell/slim chance of ever getting there.

I've been talking to some lawyers but they can't do much yet, I'm going to the appointment this Wednesday and seeing my fiancé in a few weeks here in Mexico to discuss what option is more viable for us, even if it takes a long time, we just want to do things by the book. Right now I'm just overwhelmed, with all the information and options.

Anyone has gone through something similar? any advice?

[KierenHby 899]

Why is it visitors feel free to break the law.. then down the road are willing to confess and "do things the legal way from now on" because it's convenient?

http://www.visajourney.com/forums/topic/616768-misrepresentation-on-f1-visa/

[Dutchster 1,107]

K3 visas are not used anymore. Go for CR-1 if you want to go for the spousal visa.

[Dianalorena 1,153]

Why is it visitors feel free to break the law.. then down the road are willing to confess and "do things the legal way from now on" because it's convenient?

http://www.visajourney.com/forums/topic/616768-misrepresentation-on-f1-visa/

why do people feel free to attack strangers?

my overstay was honest, as I completely ###### up the dates, for a FEW days. It was the first time, and it wasn't a malicious, intentional overstay. I am not making excuses for myself, I fully recognize I broke the law. That still doesn't give you the right to be that condescending and downright mean.

Also, doing things legally is NOT the convenient way, it's the right way. It's going to take a lot of time, effort, money, and me not being able to be with my fiancé. I didn't just fly there, got married on a tourist VISA and commited fraud, which is the ''convenient'' way.

K3 visas are not used anymore. Go for CR-1 if you want to go for the spousal visa.

I heard they were being taken away, didn't know it already happened. Thank you! we will see if that one is a better option than the K1 for us.

[Meg&Andrew 297]

Why is it visitors feel free to break the law.. then down the road are willing to confess and "do things the legal way from now on" because it's convenient?

http://www.visajourney.com/forums/topic/616768-misrepresentation-on-f1-visa/

I don't know why you posted this other thread. It's irrelevant for the OP. Two totally different situations.

OP have you checked the date on your I-94? Are you sure you overstayed?

You can try for another tourist visa but I would not count on getting it. Your overstay is very short so I don't see it causing any issues on your K1. You were not given a bar or ban, and you have not lied. To answer the question though, ALWAYS be 100% honest to immigration. No matter what. You would be suprised at how much they already know, and you do not want to face getting caught in a lie and getting a misrepresentation.

[Dianalorena 1,153]

I don't know why you posted this other thread. It's irrelevant for the OP. Two totally different situations.

OP have you checked the date on your I-94? Are you sure you overstayed?

You can try for another tourist visa but I would not count on getting it. Your overstay is very short so I don't see it causing any issues on your K1. You were not given a bar or ban, and you have not lied. To answer the question though, ALWAYS be 100% honest to immigration. No matter what. You would be suprised at how much they already know, and you do not want to face getting caught in a lie and getting a misrepresentation.

You're right, I am not counting on getting the VISA, I know it's highly unlikely. Me going there has more to do with finding out what happened in the first place, get some peace of mind. But I'm guessing you can eventually apply again? Or will it always be difficult?

I do want to be honest and always have been, it's just such a scary process since I've renewed my 10 year VISA twice and always traveled without any issues, until this really serious and stupid mistake I made

[KierenHby 899]

Posted the other thread just to point out the instances of rules being broken, followed by recent confessions to do things right.

why do people feel free to attack strangers?

my overstay was honest, as I completely ###### up the dates, for a FEW days. It was the first time, and it wasn't a malicious, intentional overstay. I am not making excuses for myself, I fully recognize I broke the law. That still doesn't give you the right to be that condescending and downright mean.

Also, doing things legally is NOT the convenient way, it's the right way. It's going to take a lot of time, effort, money, and me not being able to be with my fiancé. I didn't just fly there, got married on a tourist VISA and commited fraud, which is the ''convenient'' way.

I heard they were being taken away, didn't know it already happened. Thank you! we will see if that one is a better option than the K1 for us.

Just pointed out what you realize. No reason to be defensive.

[Dianalorena 1,153]

Posted the other thread just to point out the instances of rules being broken, followed by recent confessions to do things right.

Just pointed out what you realize. No reason to be defensive.

I'm just pointing out the rudeness of your message. You didn't come here to help, but to try to make me feel bad about mistakenly breaking an immigration law, which I already clearly do, I never said I didn't know or that I didn't care that what I did was wrong.

[B and H 18]

It seems like there's a misunderstanding here--the mythical "marriage intent." It is not fraudulent to travel to the US to get married if you return home after the wedding to begin the immigration process. The fraudulent part is if you intend to immigrate (stay and adjust status) without the proper visa.

[az2014 381]

I'm just pointing out the rudeness of your message. You didn't come here to help, but to try to make me feel bad about mistakenly breaking an immigration law, which I already clearly do, I never said I didn't know or that I didn't care that what I did was wrong.

Jeez stop crying, its a public forum, not every reply will be what you want to hear, people have different opinions.

Let us know the result of your interview.

[Dianalorena 1,153]

It seems like there's a misunderstanding here--the mythical "marriage intent." It is not fraudulent to travel to the US to get married if you return home after the wedding to begin the immigration process. The fraudulent part is if you intend to immigrate (stay and adjust status) without the proper visa.

Thank you for the clarification

[jeessgb 57]

Hi OP.

I have a few questions. If you say they didn't take the visa away or mark it. Why would you apply for a new one? You say the officer said so but just does/t make any sense since you have a valid tourist visa.

Also, how did they know you overstayed? I personally never overstayed but failed to return the I-94 several times, as most of the people I know. So even in the immigration webpage they admit they don't have control of I-94 with land crossing.

I guess if you already have an appointment for another tourist visa, you'll just have to wait to see what they say.

Even if you get denied on that visa I think you have a good chance of getting the K1, but of course there will be questions about your situation, and even if they have no grounds of denying it (overstay less than 6 months, no cancelled visa) I would be nervous too about the outcome since sometimes it ultimately comes to the perspective of the officer at the interview.

If you want to go the safe route and your fiance has a way of visiting you in Mexico, and you are REALLY PATIENT maybe I would get the CR1 if I were you. This way also you will be allowed to work as soon as you get to the US.

I believe there's no definitive answer for your situation but I wouldn't be too afraid. Just like someone else said be 100% honest with immigration, but don't give too much information if they're not really asking for it. I wouldn't mention the fiance part for the tourist visa unless they specifically ask.

Good luck!

[Dianalorena 1,153]

Hi OP.

I have a few questions. If you say they didn't take the visa away or mark it. Why would you apply for a new one? You say the officer said so but just does/t make any sense since you have a valid tourist visa.

Also, how did they know you overstayed? I personally never overstayed but failed to return the I-94 several times, as most of the people I know. So even in the immigration webpage they admit they don't have control of I-94 with land crossing.

I guess if you already have an appointment for another tourist visa, you'll just have to wait to see what they say.

Even if you get denied on that visa I think you have a good chance of getting the K1, but of course there will be questions about your situation, and even if they have no grounds of denying it (overstay less than 6 months, no cancelled visa) I would be nervous too about the outcome since sometimes it ultimately comes to the perspective of the officer at the interview.

If you want to go the safe route and your fiance has a way of visiting you in Mexico, and you are REALLY PATIENT maybe I would get the CR1 if I were you. This way also you will be allowed to work as soon as you get to the US.

I believe there's no definitive answer for your situation but I wouldn't be too afraid. Just like someone else said be 100% honest with immigration, but don't give too much information if they're not really asking for it. I wouldn't mention the fiance part for the tourist visa unless they specifically ask.

Good luck!

That is what's so confusing about it, I don't know if I was just denied entry, as the airline lady clearly said that the CPB officer mentioned it was ''cancelled'' but I didn't talk to anyone besides her, but i'm still going to the consulate to figure out what happened instead of buying an expensive plane ticket and get denied again. I did return my 1-94, and I traveled by plane, all the records are online and it shows the dates. So who knows?

Is a CR1 that much better than a K1? I work independently, so the not working for a few months isn't that terrible for me if I work hard enough and save up now. But that only makes sense if the K1 would let me get there faster, if the processing times are not that different, I'd definitely consider the CR1 for the benefits instead! The problem is, he does have a regular 9 to 5 job with little vacation time, so if the situation was inverted it would be perfect because I can take time off and travel whenever I want to, but not him

thank you so so much for your kind words and for wishing me good luck!

[Cathi 5,771]

k1 is if you want to marry here in the US, Cr1 is for people to immigrate here after being married. Either way forget the k-3, they are rarely, if ever issued anymore. There are guides at the top of the page, I suggest you study them for a better understanding of the process. Good luck.

Edited November 15, 2016 by mimolicious

[kris&me 572]

Tourist visa will be denied as you come to visit a bf and they will ask if you do, and you have to say yes, then the denial into the US as they will assume you intend to stay and marry and do AOS

Try for K 1 for financee or have him come and marry and do CR 1

People here try to help and tell it like immigration sees things / not to attack you but show you the issues as they are seen thru the visa process and at POE

we all wish you well

but take any comments here as meant to show error in thinking / first of all in the US it is said ignorance of a law is no excuse and you said you overstayed because you met a man not because you did not know the date you were suppose to leave

take us here as we are honest and say it like it is

and good luck in you visa journey