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

[Ketsuban 1,034]

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/

This adds literally nothing to the thread.

OP, I think your best bet is to go for a K-1 visa, unless your fiance would like to come down to Mexico and marry you and you instead try for a CR-1. The overstay should not be a problem since you didn't stay long enough to incur a ban, but you will have to declare it when asked. You would have the opportunity to explain at the interview.

[SunflowerSweet 1,321]

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/

Isn't confessing and trying to do the right thing the optimal result for anyone who has ever broken the law, whether mistakenly or intentionally? I guess I'm just confused on what alternative you would prefer from the OP? Obviously the ideal would be no one would break laws ever, but that's not going to happen. She's here asking for advice on how to do things right this time around and you seem to be discouraging that. Super counter productive.

Anyway OP, as others have mentioned, you will likely run into some trouble with the tourist visa, especially considering the factors (overstay, USC significant other, not having a job that ties you down). If you do want to file a K-1 or CR-1 I don't see it being a problem though. I would just caution however to make sure that you aren't rushing your relationship due to the inconvenience of not being able to see each other. I think that's something that happens to a lot of people on here, and while it can still work out in the end, it often can lead to rocky marriages and issues down the line.

Look into the options of him visiting you as well! The weather probably isn't much of a selling point seeing as he is from Texas, but I know I would not at all be opposed to a trip south now that it's getting colder.

[TBoneTX 45,663]

Folks, let's stick to answering the OP's questions and stop bickering, or thread-bans might follow.

VJ Moderation

[Pennycat 880]

I think you mostly need to decide what you want first, then figure out what visa to apply for. If you want to get married, decide if fiance or spouse visa makes the most sense for you. If you want to visit, then try to get your tourist visa back. It sounds unlikely to me, but you'll never know until you try.

And no, a few days overstay doesn't result in a ban, BUT that only means that you are not ineligible to enter the country. That doesn't mean that they're still going to give you any visa you apply for. You have to prove that you meet the criteria for whatever visa it is you're going for.

The main deal with tourist visas is that you need to prove that you intend to return to your home country. Having stayed for 6+ months before, having a portable job and a fiance in the US (which yes you'll have to mention because they'll be asking who you're visiting/staying with and when you answer truthfully, they will ask about the nature of your relationship and when you answer THAT truthfully, they'll tell you to get a K1 via)-- those are really big hurdles to overcome in proving that you meet this baseline criteria for the tourist visa. An aside: answer any of those less-than-truthfully and you're signing yourself up for a huge risk that could result in a permanent ban. Worth a try anyway, if you're not ready to commit to marriage.

You'd more than likely get the fiance or spouse visa just fine.

[Dianalorena 1,153]

Thank you everyone, I really appreciate all your input. I'm currently on a bus to Merida, the closest consulate to my hometown. It's an hour long boat plus 4 hours by bus, but even if I'm most likely getting denied, the lawyer mentioned it's good to try again, and knowing the status of my VISA will give me some peace of mind. I will be completely honest with all the questions and I have been in the form, even if it means it takes more time, I do want to do my best to make things right.

I'll keep you guys posted

[Ryan H 3,818]

***One post advocating fraud removed.***

Edited November 16, 2016 by Ryan H

[Dianalorena 1,153]

updating you guys on this topic

 

so I still didn't know what was going on months after I was denied entry to the US, but was called for an interview while trying to renew my tourist VISA. I had to wait a few weeks because if high season, get in a 5 hour bus + 1 hour boat (I live on an island) but I finally made it to Mérida a week ago.  I was so nervous, but relieved to find out what happened. 

 

The officer asked a bunch of questions, I showed all the papers she requested, remained calm and respectful of course. I didn't lie at any moment, and said I was aware of my three day overstay. I got denied a new VISA because of the overstay,  and the fact I don't have strong ties to my country, which means a good salary and owning a small company was not enough evidence, but the fact I don't own property I guess.  I was sad because I hoped I could get at least a one year VISA, but even then I knew my chances were really slim.  I did ask if I had any form of ban or bar, which she mentioned I fortunately don't have. I won't try again. 

 

Now after reading about what other people have to go through, in my case with a previous overstay and adding a previous immigration process (approved green card) and pending immigration process, (about to start CR-1) getting into the US with a tourist VISA seems incredibly unlikely, almost laughably so, since I have every reason to try to stay. Now I feel like my  VISA removal is almost like a blessing in disguise.  It's still awful naturally, but having the ''means'' to visit him and still get denied entry would suck twice as much. 

 

I got married this Saturday and just said goodbye to my new husband a few hours ago, I cried so much at the airport.  we are gathering the papers we need and getting them translated professionally, so we can start. Won't see him again for two months, until he visits me in Mexico City. I know this might take a year or more and we should be patient, it's just heartbreaking being away as a newlywed and missing your partner, as many of you know. 

 

 

[p-ana 933]

26 minutes ago, Dilorena said:

updating you guys on this topic

 

so I still didn't know what was going on months after I was denied entry to the US, but was called for an interview while trying to renew my tourist VISA. I had to wait a few weeks because if high season, get in a 5 hour bus + 1 hour boat (I live on an island) but I finally made it to Mérida a week ago.  I was so nervous, but relieved to find out what happened. 

 

The officer asked a bunch of questions, I showed all the papers she requested, remained calm and respectful of course. I didn't lie at any moment, and said I was aware of my three day overstay. I got denied a new VISA because of the overstay,  and the fact I don't have strong ties to my country, which means a good salary and owning a small company was not enough evidence, but the fact I don't own property I guess.  I was sad because I hoped I could get at least a one year VISA, but even then I knew my chances were really slim.  I did ask if I had any form of ban or bar, which she mentioned I fortunately don't have. I won't try again. 

 

Now after reading about what other people have to go through, in my case with a previous overstay and adding a previous immigration process (approved green card) and pending immigration process, (about to start CR-1) getting into the US with a tourist VISA seems incredibly unlikely, almost laughably so, since I have every reason to try to stay. Now I feel like my  VISA removal is almost like a blessing in disguise.  It's still awful naturally, but having the ''means'' to visit him and still get denied entry would suck twice as much. 

 

I got married this Saturday and just said goodbye to my new husband a few hours ago, I cried so much at the airport.  we are gathering the papers we need and getting them translated professionally, so we can start. Won't see him again for two months, until he visits me in Mexico City. I know this might take a year or more and we should be patient, it's just heartbreaking being away as a newlywed and missing your partner, as many of you know. 

 

Good thing it's much easier visiting Mexico, it's so close! Hang in there and in about a year or so you'll be able to enter and go to work and start your new life right away.

 

best of luck