Overstay and Withdrawal: Seeking Insight for K1 Visa Process and Future Travel (merged)

[Caitlyn03 3]

Background:

• Canadian citizen
• Granted a 6-month stay in the U.S.
• Overstayed by 1 month and 3 weeks
• Received a Withdrawal of Application by an immigration officer without case number or court orders.

 

I'm a Canadian citizen who was granted a 6-month stay in the U.S. Unfortunately, I overstayed by 1 month and 3 weeks. In september of 2023, I received a Withdrawal of Application by an immigration officer, who assured me that there wouldn't be any consequences later on and treated it more as a verbal warning. They advised me to return once I had stronger ties to Canada and a return ticket in hand.

 

I'm currently in the process of a K1 visa application and am concerned about potential implications during the future K1 interview. I'm uncertain about the timeline for a safe return to the U.S and I'm aware that there is no specific timeframe set for when I can go back.

My plan is to return to the U.S. for a short visit of 2 weeks to celebrate holidays with FIL and celebrate our engagement since we haven't been able to yet. I will have a return ticket, and will be able to show strong ties to Canada (employment, housing, bank statements, etc). I appreciate any guidance or information you can share. 

 

[Boiler 45,734]

Canadian and K1 makes zero sense to me, maybe there is one in a million scenario where it does?

 

I have come across people who have been able to get back in, and those who have not. You definitely stand a chance.

[SalishSea 17,970]

2 hours ago, Caitlyn03 said:

Background:

• Canadian citizen
• Granted a 6-month stay in the U.S.
• Overstayed by 1 month and 3 weeks
• Received a Withdrawal of Application by an immigration officer without case number or court orders.

 

I'm a Canadian citizen who was granted a 6-month stay in the U.S. Unfortunately, I overstayed by 1 month and 3 weeks. In september of 2023, I received a Withdrawal of Application by an immigration officer, who assured me that there wouldn't be any consequences later on and treated it more as a verbal warning. They advised me to return once I had stronger ties to Canada and a return ticket in hand.

 

I'm currently in the process of a K1 visa application and am concerned about potential implications during the future K1 interview. I'm uncertain about the timeline for a safe return to the U.S and I'm aware that there is no specific timeframe set for when I can go back.

My plan is to return to the U.S. for a short visit of 2 weeks to celebrate holidays with FIL and celebrate our engagement since we haven't been able to yet. I will have a return ticket, and will be able to show strong ties to Canada (employment, housing, bank statements, etc). I appreciate any guidance or information you can share. 

 

There are no guarantees.  All you can do is ask for admission at the border and see what they decide.

 

Why not just marry and do a CR-1?

[Caitlyn03 3]

Just now, SalishSea said:

There are no guarantees.  All you can do is ask for admission at the border and see what they decide.

 

Why not just marry and do a CR-1?

Thought about doing a CR-1, but I'm not too informed on it. How lonng does it take?

[SalishSea 17,970]

35 minutes ago, Caitlyn03 said:

Thought about doing a CR-1, but I'm not too informed on it. How lonng does it take?

About the same time as a K-1, but without the AOS, so it's much better.   

 

@Crazy Cat has a great comparison.

[Crazy Cat 41,985]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Caitlyn03 3]

Could a one-month overstay in the past affect my eligibility for a K-1 visa during the interview? I'm concerned that it might lead to a denial.

 

Thanks! 😊

[IWander 589]

4 minutes ago, Caitlyn03 said:

Could a one-month overstay in the past affect my eligibility for a K-1 visa during the interview? I'm concerned that it might lead to a denial.

 

Thanks! 😊

Not for a k1

[Boiler 45,734]

Nope

[Ryan H 3,818]

Moved from Progress Reports to Process & Procedures.

[Ontarkie 14,307]

~~Related questions merged. PLease do not start more than one thread for the same or related questions.~~

[Caitlyn03 3]

On 11/17/2023 at 6:27 PM, SalishSea said:

There are no guarantees.  All you can do is ask for admission at the border and see what they decide.

 

Why not just marry and do a CR-1?

Hey, sorry to bother you again! I'm afraid that if I do try again, despite me not having a set time to go back.. if I got denied again that it might lead to a 5 year ban. Would this be possible?

On 11/17/2023 at 6:27 PM, SalishSea said:

There are no guarantees.  All you can do is ask for admission at the border and see what they decide.

 

Why not just marry and do a CR-1?

[mam521 2,111]

Anything is possible with CBP.  Show up, if they want to deny you, then politely request that you be allowed to withdraw your request for entry into the US and go home.  

 

Go to FL, get married rather than just visit with FIL, go back to Canada and apply for CR1.  The process is similar in timeline. The difference is you'll enter the US with a GC in hand, ready and able to work and travel.  K1 makes less sense.

Edited November 20, 2023 by mam521

[SalishSea 17,970]

I believe that if you voluntarily withdraw your application for admission at the border, you will not get a ban.

 

I thought you said you did have a set time to go back?

[Caitlyn03 3]

1 minute ago, SalishSea said:

I believe that if you voluntarily withdraw your application for admission at the border, you will not get a ban.

 

I thought you said you did have a set time to go back?

No I do not have a time set. Just got worried that if I got denied entry again I'd get a ban. Sorry.