Overstay Visa will affect K1 visa?

[brandon stone 9]

Hi everyone once again,

 

I’m currently abroad visiting my fiancé while we wait for her K1 visa. If I overstay my 90 day tourist visa, will that affect her chances of receiving her K1 visa to enter the US? Or is this issue two separate things? 
 

Thanks!

[Adventine 3,216]

It's probably two separate issues.

 

Issue 1: you need to prove that you still maintain a domicile in the US (through a lease, a job, active bank accounts/credit cards, etc) for your fiancé's K-1 application.

 

Issue 2: Are you not worried about overstaying your tourist visa in whatever country you're in (I assume Brazil)? How  might that affect you in the future?

 

If, for whatever reason, the two of you decide to relocate outside the US in the future, would your overstay possibly affect any future visa application?

Edited November 30, 2020 by Adventine

[payxibka 10,047]

33 minutes ago, brandon stone said:

Hi everyone once again,

 

I’m currently abroad visiting my fiancé while we wait for her K1 visa. If I overstay my 90 day tourist visa, will that affect her chances of receiving her K1 visa to enter the US? Or is this issue two separate things? 
 

Thanks!

How would the consulate ever know about what you did and why would they care?

[brandon stone 9]

1 minute ago, payxibka said:

How would the consulate ever know about what you did and why would they care?

I’m not entirely sure. This case is taking so long and we don’t want to run into any further problems down the line I guess 

[payxibka 10,047]

32 minutes ago, brandon stone said:

I’m not entirely sure. This case is taking so long and we don’t want to run into any further problems down the line I guess 

Overthinking 

[Crazy Cat 42,648]

46 minutes ago, brandon stone said:

I’m not entirely sure. This case is taking so long and we don’t want to run into any further problems down the line I guess 

No effect on the K-1.  But I think you might want to consider the penalties you, personally,  will face for overstaying in that country.  I'm not sure about Brazil, but some countries impose stiff fines when exiting the country after an overstay.  Of course, people leaving the US don't go through immigration checks.

[brandon stone 9]

1 minute ago, Lucky Cat said:

No effect on the K-1.  But I think you might want to consider the penalties you, personally,  will face for overstaying in that country.  I'm not sure about Brazil, but some countries impose stiff fines when exiting the country after an overstay.  Of course, people leaving the US don't go through immigration checks.

Do you think even if I go to the interview, we will have no problems?

[brandon stone 9]

5 minutes ago, brandon stone said:

Do you think even if I go to the interview, we will have no problems?

My mother is co sponsoring us since I will be spending the time with her instead. 

[Crazy Cat 42,648]

Just now, brandon stone said:

Do you think even if I go to the interview, we will have no problems?

I don't see any problem. 

 

 

[payxibka 10,047]

1 hour ago, brandon stone said:

Do you think even if I go to the interview, we will have no problems?

Will Rio let you in?  

[brandon stone 9]

1 hour ago, payxibka said:

Will Rio let you in?  

From what I’ve seen, they allow couples

to interview together.

[Tacos 70]

What about trying to get residency in Brazil? I’m getting residency in Colombia but still go back to the US for work

[Loren Y 2,756]

Consequences of overstaying your visa in Brazil

Previously overstaying your visa in Brazil would attract a fine of R$8.50 per day which will then max out after 100 days at R$850 ( USD 200)

Currently, there's a new policy (see full policy here) on fine on visa overstay fines. Overstaying your visa in Brazil attracts a fine of R$ 100 per day which also becomes maximum after 100 days at R$ 10000 (USD 2300).

You are also banned from traveling to Brazil in the six months regardless of the number of days you overstayed.

If you overstay in Brazil past the 100 days limit you also risk being deported.

 

Why don't you extend your Visa, you are able to extend it 1 time from what I read.

Edited December 1, 2020 by Loren Y

[H.Angy 51]

Problems will always be. They keep our societies tied and alive. Imagine a world without problems, no doctors, no armies, no police, no locks, no borders and so on.

So yes, you and your wife will encounter all kind of "problems" in your immigration journey.  

 BTW, that s why we have this forum, to solve problems.

[Adventine 3,216]

11 hours ago, Loren Y said:

Consequences of overstaying your visa in Brazil

Previously overstaying your visa in Brazil would attract a fine of R$8.50 per day which will then max out after 100 days at R$850 ( USD 200)

Currently, there's a new policy (see full policy here) on fine on visa overstay fines. Overstaying your visa in Brazil attracts a fine of R$ 100 per day which also becomes maximum after 100 days at R$ 10000 (USD 2300).

You are also banned from traveling to Brazil in the six months regardless of the number of days you overstayed.

If you overstay in Brazil past the 100 days limit you also risk being deported.

 

Why don't you extend your Visa, you are able to extend it 1 time from what I read.

 

This is what I was trying to get at, but @Loren Y said it much better. 

 

OP needs to look at the bigger picture.

 

Overstaying a Brazilian tourist visa won't affect the K1 visa application, but may have consequences for the US citizen himself, in terms of fines, travel bans, deportation, for the USC himself. Also a possible impact if the couple's future plans change, and the USC decides he wants to relocate permanently to Brazil.

Edited December 1, 2020 by Adventine