Does US Citizen overstaying in another country cause issues with spouse visa

[ilikepotatoes 57]

I’ve been living here in Ukraine with my husband for almost three months now. I was supposed to leave yesterday on day 87, but several days prior, I started feeling really unwell. I know Americans are allowed a 90 day visa free stay, and so I thought that if I extended my trip by three more days, I will have recovered in time to return home. However, I am still feeling really sick (we checked and it’s not covid), and I dont have it in me to travel. Also, I am concerned that even though I don’t have covid, the fact that I am pretty obviously sick will pose a problem when it comes to flying…and covid or not, I don’t want to pass on my icky germs.

 

I’ve read online that they aren’t really penalizing people for overstaying, due to covid. But I’m not sure if my situation applies. I’m also worried that if I overstay here in Ukraine, it could have some effect on my husband’s ability to get a US visa? I had no intention of this happening and I feel terrible. Any advice? 

[payxibka 10,045]

8 minutes ago, ilikepotatoes said:

I’ve been living here in Ukraine with my husband for almost three months now. I was supposed to leave yesterday on day 87, but several days prior, I started feeling really unwell. I know Americans are allowed a 90 day visa free stay, and so I thought that if I extended my trip by three more days, I will have recovered in time to return home. However, I am still feeling really sick (we checked and it’s not covid), and I dont have it in me to travel. Also, I am concerned that even though I don’t have covid, the fact that I am pretty obviously sick will pose a problem when it comes to flying…and covid or not, I don’t want to pass on my icky germs.

 

I’ve read online that they aren’t really penalizing people for overstaying, due to covid. But I’m not sure if my situation applies. I’m also worried that if I overstay here in Ukraine, it could have some effect on my husband’s ability to get a US visa? I had no intention of this happening and I feel terrible. Any advice? 

Your overstay in Ukraine will not impact his US visa.  Two different people,  two different countries. 

[Mike E 11,739]

43 minutes ago, ilikepotatoes said:

I’ve read online that they aren’t really penalizing people for overstaying, due to covid. But I’m not sure if my situation applies. I’m also worried that if I overstay here in Ukraine, it could have some effect on my husband’s ability to get a US visa? 

The more time you spend with your husband the better for his visa

[ilikepotatoes 57]

17 hours ago, payxibka said:

Your overstay in Ukraine will not impact his US visa.  Two different people,  two different countries. 

Thank you for responding! So it won’t make my record look bad or anything? Sorry, I don’t understand much about this and I over worry about everything haha

[payxibka 10,045]

1 hour ago, ilikepotatoes said:

Thank you for responding! So it won’t make my record look bad or anything? Sorry, I don’t understand much about this and I over worry about everything haha

I can't comment about how your record will look to Ukrainian immigration,  but it will have no effect on your husband's US record. 

[Lucky2Lucky 2,526]

It does not affect his petition. It could jeopardize your future ability to visit Ukraine again. Unsure how strict they are on overstays.

[SteveInBostonI130 3,434]

22 hours ago, ilikepotatoes said:

 

I’ve read online that they aren’t really penalizing people for overstaying, due to covid. But I’m not sure if my situation applies. I’m also worried that if I overstay here in Ukraine, it could have some effect on my husband’s ability to get a US visa? I had no intention of this happening and I feel terrible. Any advice? 

 

If you have a chance to cross the border on or before the 90th day then I suggest you try to do so.  And by crossing I mean just across to Poland or Slovakia.  You do not need to return to the US.  Spend a few days in Krakow/Lubin or Kosice, then travel back.  I believe you will need a negative covid test.

 

If you do overstay, then wait until you are recovered and go to the State Migration Service office and report your overstay.  You will be fined but should not be ordered to leave or get a ban.  You can use this link to calculate the exact duration of your stay and also use the site to get other information, like the location and hours of the local office:

 

https://dmsu.gov.ua/en-home/e-services/duration-of-stay-calculation.html

 

The reason you want to take care of all this is because Ukraine can also fine the person (your husband) who hosted you for the overstay.  That fine, if imposed and not payed, can cause your husband to be detained at the border exit control and he can be prevented from leaving Ukraine.

 

As others have said, your CR1 visa application is not affected.  But it could make things difficult for you to visit Ukraine again or get visas for other countries you may want to visit.  

[JeanneAdil 6,491]

According to article 203 of the Code of Administrative Offences of Ukraine, the foreigner will be fined 1700-5100 UAH for it. Moreover, a foreigner may also be banned from entering Ukraine. The overstay is not covered by the fine, therefore, the foreigner will have to wait 90 days abroad before re-entering Ukraine.

 

Contact the US embassy and explain your sudden illness    /  be prepared to show you intended to leave day 87 with your airline receipts and /or name of dr that you went to/  US embassy is there to help USC in emergency cases

 

 

1. Callers in Ukraine: (044) 358-8066. Call Center will be open to callers from 9:00am to 9:00pm, Monday through Friday, Ukraine time. ...

 

What i am saying is take care of one problem at a time  / this one first

Edited July 25, 2021 by JeanneAdil

[payxibka 10,045]

6 minutes ago, JeanneAdil said:

 

Contact the US embassy and explain your sudden illness    /  be prepared to show you intended to leave day 87 with your airline receipts and /or name of dr that you went to/  US embassy is there to help USC in emergency 

The US embassy cannot forgive a Ukrainian overstay by a USC.  The OP needs to be dealing directly with the appropriate ministry of the Ukrainian government. 

[JeanneAdil 6,491]

2 minutes ago, payxibka said:

The US embassy cannot forgive a Ukrainian overstay by a USC.  The OP needs to be dealing directly with the appropriate ministry of the Ukrainian government. 

 

I understand but they can advise the USC what she needs to do and if she should leave immediately 

Didn't ever think they can forgive the overstay as its not in their power but they can make sure a USC who is sick knows what to do especially if it could be covid

[payxibka 10,045]

6 minutes ago, JeanneAdil said:

 

I understand but they can advise the USC what she needs to do and if she should leave immediately 

Didn't ever think they can forgive the overstay as its not in their power but they can make sure a USC who is sick knows what to do especially if it could be covid

Couldn't figure out any other reason one would need to provide the US embassy proof of intended original departure and a doctor's note other than to beg for forgiveness. 

[JeanneAdil 6,491]

1 minute ago, payxibka said:

Couldn't figure out any other reason one would need to provide the US embassy proof of intended original departure and a doctor's note other than to beg for forgiveness. 

just in case of covid and where to go in ukraine for treatment 

Edited July 25, 2021 by JeanneAdil

[retheem 564]

23 hours ago, ilikepotatoes said:

I’ve been living here in Ukraine with my husband for almost three months now. I was supposed to leave yesterday on day 87, but several days prior, I started feeling really unwell. I know Americans are allowed a 90 day visa free stay, and so I thought that if I extended my trip by three more days, I will have recovered in time to return home. However, I am still feeling really sick (we checked and it’s not covid), and I dont have it in me to travel. Also, I am concerned that even though I don’t have covid, the fact that I am pretty obviously sick will pose a problem when it comes to flying…and covid or not, I don’t want to pass on my icky germs.

 

I’ve read online that they aren’t really penalizing people for overstaying, due to covid. But I’m not sure if my situation applies. I’m also worried that if I overstay here in Ukraine, it could have some effect on my husband’s ability to get a US visa? I had no intention of this happening and I feel terrible. Any advice? 

Overstaying your Ukraine visa and applying for a US visa are two different things, zero correlation.

[ilikepotatoes 57]

2 hours ago, SteveInBostonI130 said:

 

If you have a chance to cross the border on or before the 90th day then I suggest you try to do so.  And by crossing I mean just across to Poland or Slovakia.  You do not need to return to the US.  Spend a few days in Krakow/Lubin or Kosice, then travel back.  I believe you will need a negative covid test.

 

If you do overstay, then wait until you are recovered and go to the State Migration Service office and report your overstay.  You will be fined but should not be ordered to leave or get a ban.  You can use this link to calculate the exact duration of your stay and also use the site to get other information, like the location and hours of the local office:

 

https://dmsu.gov.ua/en-home/e-services/duration-of-stay-calculation.html

 

The reason you want to take care of all this is because Ukraine can also fine the person (your husband) who hosted you for the overstay.  That fine, if imposed and not payed, can cause your husband to be detained at the border exit control and he can be prevented from leaving Ukraine.

 

As others have said, your CR1 visa application is not affected.  But it could make things difficult for you to visit Ukraine again or get visas for other countries you may want to visit.  

It feels so overwhelming. I’m certain it isn’t covid, but I still haven’t left the house in days just in case it is. I know the airlines require a negative covid test, but I’ve read that even with a negative result, if you are obviously sick they will not let you board. So that’s why I made the choice to stay until I recover. 
 

I didn’t realize they could penalize my husband for this as well. If they don’t let him leave…then couldn’t that have some impact on him being able to come to the US? I can’t believe this is happening 🤦🏻‍♀️ I’m a very scrupulous person when it comes to laws and regulations and this is just making me so nervous and upset. 

Edited July 25, 2021 by ilikepotatoes

[payxibka 10,045]

7 minutes ago, ilikepotatoes said:

It feels so overwhelming. I’m certain it isn’t covid, but I still haven’t left the house in days just in case it is. I know the airlines require a negative covid test, but I’ve read that even with a negative result, if you are obviously sick they will not let you board. So that’s why I made the choice to stay until I recover. 
 

I didn’t realize they could penalize my husband for this as well. If they don’t let him leave…then couldn’t that have some impact on him being able to come to the US? 

  Him not being allowed to exit past Ukrainian passport control, is not a US visa eligibility issue, but obviously if they detain him upon departure,  that would affect his ability to enter the US.