Jump to content
ClickityClackity

Overstayed the visa waiver by two days

By ClickityClackity in K-1 Fiance(e) Visa Process & Procedures

 Share

10 posts in this topic

Recommended Posts

Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

It won't affect your K1 but your ESTA is gone. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Link to comment
Share on other sites
Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, Mary&Rafa said:

Will this affect my K1 visa? I am worried that this might ban me for reentry. I have checked my ESTA application and it has not been revoked. 

Any information helps. Thank you!

It's won't affect your K1 visa at all but as of right now ESTA is gone, and good luck trying to get a B2 visa. 

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
  • Author
Posted
50 minutes ago, Roel said:

It won't affect your K1 but your ESTA is gone. 

 

41 minutes ago, Cyberfx1024 said:

It's won't affect your K1 visa at all but as of right now ESTA is gone, and good luck trying to get a B2 visa. 

well since I'm becoming a resident I don't think I'm going to need ESTA or B2 ever again, so I think I'm okay

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 minutes ago, Mary&Rafa said:

well since I'm becoming a resident I don't think I'm going to need ESTA or B2 ever again, so I think I'm okay

Probably not.

You're fine so long as you end up marrying and remaining so until getting a green card, and never lose or abandon LPR status afterwards.

Sometimes marriages don't work out (not implying anything at all...just pointing out it does happen). Sometimes couples later decide to move to the beneficiary's country instead.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
  • Author
Posted (edited)
7 minutes ago, geowrian said:

Probably not.

You're fine so long as you end up marrying and remaining so until getting a green card, and never lose or abandon LPR status afterwards.

Sometimes marriages don't work out (not implying anything at all...just pointing out it does happen). Sometimes couples later decide to move to the beneficiary's country instead.

I also checked the compliance page and it shows 

 

Days Overstayed: N/A 

Days Left to Leave the Country: N/A

 

So I think I'm in the clear

Edited by Mary&Rafa
Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
5 minutes ago, Mary&Rafa said:

I also checked the compliance page and it shows 

 

Days Overstayed: N/A 

Days Left to Leave the Country: N/A

 

So I think I'm in the clear

I'm not sure exactly what page that is, but they would determine any overstay when applying for a new ESTA and again when applying fore entry into the US (POE). If the exit was after the I-94 date (90 days from entry, counting the day of arrival and day of departure), then there would be at least 1 day of overstay. Otherwise, there would be no overstay.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
  • Author
Posted
1 minute ago, geowrian said:

I'm not sure exactly what page that is, but they would determine any overstay when applying for a new ESTA and again when applying fore entry into the US (POE). If the exit was after the I-94 date (90 days from entry, counting the day of arrival and day of departure), then there would be at least 1 day of overstay. Otherwise, there would be no overstay.

That's the website I checked, so I'm a bit confused now.

https://i94.cbp.dhs.gov/I94/#/compliance-search

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, Mary&Rafa said:

That's the website I checked, so I'm a bit confused now.

https://i94.cbp.dhs.gov/I94/#/compliance-search

That's the official I-94 website, yup. Check the date of entry/exit ("Get Most Recent Entry" and/or "View Travel History"). Sometimes records do not show online (or are severely delayed in appearing), but records of entry/exit still exist in CBP's system.

Count 90 days exactly (don't assume 3 months) starting from the date of entry.

 

As for the K-1, you're perfectly fine. There would only have been an issue if you overstayed by 180+ days. 👍

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites
ClickityClackity Enthusiast

ClickityClackity   134

Posted
Filed: AOS (apr) Country: Spain
 Timeline
  • Author
Posted
4 minutes ago, geowrian said:

That's the official I-94 website, yup. Check the date of entry/exit ("Get Most Recent Entry" and/or "View Travel History"). Sometimes records do not show online (or are severely delayed in appearing), but records of entry/exit still exist in CBP's system.

Count 90 days exactly (don't assume 3 months) starting from the date of entry.

 

As for the K-1, you're perfectly fine. There would only have been an issue if you overstayed by 180+ days. 👍

I did overstay by 1 day. O well, I'll check periodically but I think I'll be fine. I'm in the last stretch anyways. 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...