Passport Overstay 1 Whole Day

[MattB 0]

I have been reading similar posts for an answer to this question but I am blind or I can't find it. I've read things about 3 year or 10 year bans for more then 180 days or a year but this is just 1 day.

I have a fiance who is from Japan. She overstayed 1 day on her passport about 4 years ago. Noone said anything to her when she left but when she tried to goto Hawaii 3 years ago in April. They denied her entry because of her 1 day overstay. Now she would like to come visit me because I have returned home to the states. I have read that her passport is pretty much useless when it comes to the VWP(VISA WAIVER PROGRAM) so we thought about getting just a regular tourism visa. Is this a good idea? will she still be denied entry even though she would have a visa from the US Embassy? or what should we do? thank you in advance.

[TimsDaisy 0]

Did they give her a document when they denied her visit? And was it really just a one day overstay? I find that a bit incredible.

If she no longer has the option of the VWP, then a tourist visa is the only option. It may be denied. It may be granted. You'll need to research the requirements and most importantly, she'll have to prove ample ties to her home country - usually in the form of financial documents like letters from her employer, a mortgage, bank accounts, etc, responsibilities that will make her go back to Japan.

[kitkat1 5]

On the VWP you cannot overstay. On a regular visa a ban does not kick in until the overstay is 180 days. It's unclear if they will give her a tourist visa now that she has violated the terms of VWP.

p.s. You cannot overstay a passport - it's a document of identification and nationality. You overstay a visa. It doesn't matter if you have a valid visa in your hand i.e. tourist visa - you can still be denied at the port of entry if the Immigration Official believes you have immigrant intent.

[MattB 0]

I know 1 day, right? what happend was she was visiting a friend in the States and the mode of transportation that she was counting on to take her to the airport that was several hours away failed. so she had to reschedule her flight one day past the 90 day limit.

When she tried to goto Hawaii, at the port of entry. She went through immigration, the immigration officers from what I've been told was incredibly rude to her, which I don't doubt from what I see when I go through Customs in the U.S and I am a U.S Citizen. but pretty much immediately sent her to a interrogation room for questioning after that they didn't really tell her much and she had to find another flight home to japan.

Also, She has the proof ready, she has papers from her Bank, employment papers from her work, family ties and her condo ownership papers. Also, she will buy a round trip ticket if she is able too get a visa. But if she can get a Tourism visa can she still be denied for her overstay 4 years ago?

[rebeccajo 14]

You would like a tourist visa for visits? You're not asking about the K1 yet?

I've read loads of accounts on here by members who had slight overstays (such as your fiancee's) but it had no bearing on a later K1 petition other than cause the processing of the visa to be a bit protracted due to an additional security check.

And I have read loads of accounts by members who had tourist visa denials and were later granted K1 visas.

IF she were denied the tourist visa, that decision would unlikely impact a future K1.

[kitkat1 5]

A tourist visa might be denied due to a VWP overstay.

A K1 will not be denied to a previous visitor or VWP overstay.