Chances of denial again after previous denial

[Joshua2000 0]

Last year, I overstayed a month in the US due to my own stupidity and ignorance. Upon trying to reenter, I got denied (OBVIOUSLY) due to lack of ties and immigration violation. The officer explained my mistake and suggested a return with strong ties and a short visit (No time set to return). Fast forward to today, it's been 4 months since my last denial, and I'm planning a 10-day trip in February to visit my fiancé and his family, discussing wedding plans under a K1 visa process. I've got solid

documentation - 2 employment letters (one signed by director of store with expected return & company's confirmation of employment), 2k$ saved up for trip, leases, bills, return ticket, and proof of future commitments in Canada.

 

Can this timeframe impact my chances, or am I likely to face immediate denial?

 

[OldUser 6,627]

Is your visa still active or was it cancelled? I would imagine overstay triggers visa cancellation?

 

The chance of denial is high in my opinion. You also need to be careful about answering questions about purpose of your visit. You cannot lie as it can become a misrepresentation later in your immigration history. 

Edited January 4 by OldUser

[Joshua2000 0]

6 minutes ago, OldUser said:

Is your visa still active or was it cancelled? I would imagine overstay triggers visa cancellation?

 

The chance of denial is high in my opinion. You also need to be careful about answering questions about purpose of your visit. You cannot lie as it can become a misrepresentation later in your immigration history. 

What visa? If you're talking about a visitor visa, I don't need one as a Canadian. I haven't been in the US since the denial (which was 4 months ago). If youre talking about the K1 visa, we're currently in the process of getting one. 

 

I will be 100% honest of my intentions of visiting the US. My intentions are to see & and spend time with my fiancé, and my future FIL. We also want to celebrate our engagement since we haven't been able to. 
 

I do know that the decision relies on the officer, but the previous one who denied me reassured me that I will be guaranteed entry into the US if I have ties to Canada (i.e. housing, employment, bills, etc) and a return ticket in hand which I didn't have in the beginning. But then again, I'll take what he said with a grain of salt.

 

 

[SalishSea 17,818]

If you overstayed the time allowed on your I-94, and were subsequently denied  admission, I don’t see how you could possibly be readmitted without formally applying for a B visa at a U.S. consulate?   Overstays are not treated differently for Canadians.

Edited January 4 by SalishSea

[OldUser 6,627]

38 minutes ago, Joshua2000 said:

What visa? If you're talking about a visitor visa, I don't need one as a Canadian. 

Without information in profile, original message or other threads it's hard to guess where you're from. With exception for Canada / EU, most visitors require visa so I made an assumption.

 

Overstay is an overstay, as @SalishSea says. Overstay AND lack of ties is pretty hard to overcome but you can try.

 

4 months in between visits is way too short also, even if overstay and lack of ties wasn't a factor. I give it 95% chance of denial if you try coming now.

Edited January 4 by OldUser

[canadian_wife 1,822]

I'm sorry, but entrance to the US is never guaranteed for visitors.  The CBP knows better and may have been trying to placate you.  Please understand this important aspect. 

 

Out of curiosity, why did you overstay?

 

Good luck

[jan22 3,052]

Assuming you got the standard 6-month stay approved upon your entry last year, and you overstayed by one month, that indicates that you were in the US for 7 months. Then, you applied to re-enter the US after a relatively short time and were denied.  Now, only 4 months after the denial of entry, you want to apply to re-enter the US.

 

If this is an accurate summary of your situation, I think your chances of denial of entry is very high, approaching 100%. But I've been wrong before.