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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I need some advice from experienced people as I cannot find a definitive answer online.

 

I just returned back to England today after a 3 month stay with my fiancé in Pennsylvania. I arrived in the US at 10pm on the 12th April and was meant to fly out the 10th July at 7pm. This would have meant I was leaving on my 89th day.

 

Unfortunately my flight out of PA was delayed to the point where I missed my connecting flight from Charlotte to London so was re-booked on a flight from Philadelphia to London which left yesterday (11th, day 90) at 8pm.

 

Now, I didn't overstay the 90 days as far as I'm aware as I left before midnight on the 90th day.

 

Is that correct? I'm currently terrified that I won't be able to go back later in the year like I'm planning.

 

Thank you.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

You are fine, as you left on the 90th day.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

How long are you looking at going back for and when?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
1 hour ago, Boiler said:

How long are you looking at going back for and when?

I'm looking to go back late October just for 2 weeks, then my fiancé will travel back with me to England.

Filed: Timeline
Posted
19 hours ago, NicolaBolton87 said:

I need some advice from experienced people as I cannot find a definitive answer online.

 

I just returned back to England today after a 3 month stay with my fiancé in Pennsylvania. I arrived in the US at 10pm on the 12th April and was meant to fly out the 10th July at 7pm. This would have meant I was leaving on my 89th day.

 

Unfortunately my flight out of PA was delayed to the point where I missed my connecting flight from Charlotte to London so was re-booked on a flight from Philadelphia to London which left yesterday (11th, day 90) at 8pm.

 

Now, I didn't overstay the 90 days as far as I'm aware as I left before midnight on the 90th day.

 

Is that correct? I'm currently terrified that I won't be able to go back later in the year like I'm planning.

 

Thank you.

Unless it took you more than two hours to clear immigration on your arrival, making your actual arrival day April 13th, then you actually were in the United States 91 days. You have to count both the arrival and departure days if you spent any portion of that day in the US.  Therefore, you were in the United States for the following number of days:

     19 days in April (12-30);

     31 days in May;

     30 days in June;

     11 days in July (1-11).

If it was after midnight when you cleared immigration on the 12th, and your passport was stamped by immigration as arriving on April 13th, you are correct -- you were in the US for 90 days. Otherwise, it was 91.

Filed: K-1 Visa Country: Wales
Timeline
Posted

So no more VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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