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Stiva82

Overstay during marriage

By Stiva82 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Stiva82 Rookie

Stiva82   0

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Hello there,

 

I'm an Italian citizen currently in the US under J1 (scholar exchange) and married to a US citizen since March. My J1 expired on July 31 and am currently in grace period until August 30th. We are planning to leave on August 31st because my wife cannot leave earlier and the USDA will not return the travel authorization for our pet before August 30th. All this will make me overstay for less than a day. Is this going to have a big impact on my green card application (I'm planning to apply for CR1)

 

Thank you so much for your help,

G.C.

 

P.s.: I also have a B1/B2 because many years ago my ESTA got denied while travelling to US form Canada due to a mistake of the Canadian borders who never registered a previous re-entry in Canada from the US while I resided in Canada as a student. (This issue often causes border officers to question me and I have to explain the same story over and again).

Edited by Stiva82
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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Overstaying 1 day will not impact your CR-1.


You stated that your wife can't leave before August 31.  Nothing prevents you from leaving before August 31.  You are making a choice to overstay and the consequences is that your visitor visa will be void.  You will not be able to visit the US.  That's the price for overstaying even 1 day.  

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pushbrk Grand Master

pushbrk   12,898

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Filed: Other Country: China
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3 hours ago, aaron2020 said:

Overstaying 1 day will not impact your CR-1.


You stated that your wife can't leave before August 31.  Nothing prevents you from leaving before August 31.  You are making a choice to overstay and the consequences is that your visitor visa will be void.  You will not be able to visit the US.  That's the price for overstaying even 1 day.  

The key issue is explained above.  You are making a choice to travel together a day late.  That choice can cause your B1B2 visa to be revoked.  The cure is for you to leave on time and let your wife follow.  Your choice.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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