HELP — I’m in UK with my fiancé while his K1 Visa is being processed .. what happens if I overstay?

[audaud 62]

Hi, my fiancé and I applied in November for our K1 Visa. I’m American and he is from the UK. We got our NOA-1 a week or so after sending in our packet, and are awaiting our NOA-2. 

 

He was with me in America whenever we filed our 129f packed together, and then I flew back with him to England and will be here for 4-5 months with him as it processes. ( we want to spend as little time apart as possible )

 

HOWEVER when I was entering the uk the customs officer stamped my passport saying I was good to stay for 180 days, and when I left the UK I would have to stay in America for 6 months before being able to return. 

 

My question is, if we don’t receive our NOA-2 in time, or even if we do receive it and are waiting for the interview, what happens if it goes past my allowed 180 days? Obviously me leaving the UK and not being able to re-enter for 6 months would be terrible because it would elongate our marriage by a while.. how much of an issue would it be during the interview / in general if i overstay my 180 days during the K1 Process? 

 

Hopefully my question makes sense

[payxibka 10,045]

4 minutes ago, audaud said:

Hi, my fiancé and I applied in November for our K1 Visa. I’m American and he is from the UK. We got our NOA-1 a week or so after sending in our packet, and are awaiting our NOA-2. 

 

He was with me in America whenever we filed our 129f packed together, and then I flew back with him to England and will be here for 4-5 months with him as it processes. ( we want to spend as little time apart as possible )

 

HOWEVER when I was entering the uk the customs officer stamped my passport saying I was good to stay for 180 days, and when I left the UK I would have to stay in America for 6 months before being able to return. 

 

My question is, if we don’t receive our NOA-2 in time, or even if we do receive it and are waiting for the interview, what happens if it goes past my allowed 180 days? Obviously me leaving the UK and not being able to re-enter for 6 months would be terrible because it would elongate our marriage by a while.. how much of an issue would it be during the interview / in general if i overstay my 180 days during the K1 Process? 

 

Hopefully my question makes sense

That is your problem with the UK government, not his problem with the US governemnt

[Redheadguy03 505]

You're planning on overstaying in England? That shouldn't have any impact on a k1 visa. 

 

If you're ok with England have you considered moving there permanently? 

[Ben&Zian 4,398]

While it isn't good to overstay any stay anywhere, you could possibly ask for an extension? 

 

Processing times right now for NOA2 are looking anywhere from 6-10 months or maybe more, it can depend on RFE's, person who is reviewing the file, ect....

 

As to what happens if you overstay, well in general probably nothing in the sense of your fiances K-1 visa, but think you are underestimating how much time this process will take.

 

A lot of us here have spent 1-2 years apart during the process and all, so we all understand what it is  like for the most part of being seperated for a while.

[yuna628 9,676]

You may only stay the amount of time that the officer stamped on your passport. If you remain, you will be illegally present and no longer be able to visit the UK. I'd suggest you leave the UK before the 180 days are up. The time you were given to remain was generous, use it wisely. We all have to spend time away from our loved ones during this process, there is no way around that.

[TNJ17 1,329]

Your overstay won’t have any impact on the K1. However, you saying that if you leave at 180 days, and can’t go back for another 6 months will elongate(whatever that is) your marriage makes no sense. Your K1 will be processed whether or not you are in the US or anywhere else in the world. Being apart or together while it processes doesn’t make it go faster or slower in any way. 

 

Just deal with with being apart, don’t overstay, it may not have any effect on your K1, but it sure will affect your return to the U.K., even if just for a visit. Deal with not being together 24/7 until you’re issued a visa. Everyone does and everyone survives. And no one does any illegal stuff.

[E R M P 23]

Everyone would like to spend 'as little time apart as possible'. But you should face reality and return to the US instead of overstaying in the UK.

 

Long distance isn't ideal. But if your relationship is strong enough you'll survive it just fine. It's only for a few months. And then you'll get to spend forever together.

[dentsflogged 352]

As others have said, we all have to be apart. It's not ideal but no one's circumstances are any different, more special or more important than others as far as Visas and overstaying is concerned. 

The UK is quick to deny re-entry for overstayers.  If they find out (and they will, when you exit and it shows a different date than what you were approved for - much the same as the USA has the online i94 arrival/departures quickly available at all POE's), you'll find that you will very likely be denied re-entry next time, possibly with a ban for attempting re-entry of anywhere from months to years. 

 

It's not worth it.  Go home to wait out the rest of the time like an adult.

[Chris Duffy 1,257]

15 hours ago, audaud said:

HOWEVER when I was entering the uk the customs officer stamped my passport saying I was good to stay for 180 days, and when I left the UK I would have to stay in America for 6 months before being able to return. 

 

How can a person in another country tell you that you have to stay in America for 6 months?

 

Is this a typo? 

[dentsflogged 352]

2 hours ago, Chris Duffy said:

How can a person in another country tell you that you have to stay in America for 6 months?

 

Is this a typo? 

I would expect it's paraphrased from "This entry is good for 180 days, and you cannot enter the UK again for 6 months after that"

Edited January 11, 2018 by dentsflogged

[Boiler 45,522]

I would imagine the VJ ToS, my Bible should be yours, applies equally to UK immigration matters.