Overstaying Visitor Visa

[K&M 0]

Alright here is the story. I meet my Canadian fiancee 2 years back. She comes to stay with me for a bit. We go back to Canada every few months to see her family. We're both oblivious to the fact that she can only stay here for 6 months at a time. Neither of us really knew where the relationship was going so we never bothered to look at visa stuff. I had no problems letting her stay with me or supporting her.

Things get serious in the past year and we decide we want to get married. I see now that when crossing the border you're given an imaginary visitor visa. All this time neither of us had a passport and we would just drive back and forth using our licenses and other photo id.

Anyways, she had been staying with me for quite a while and we go over the 6 month limit. I completely support her, I make really good money and she's never been a charge of the state.

Is this going to be a problem for us? We're already on the final stages of our K1 visa - we just have the interview left (in 5 days) however I'm nervous. On one hand she did technically over stay a visitor visa (though we had no idea she was even on one) but on the other hand she was totally supported by me and she wasn't breaking any visa limit knowingly. When we filed our packet we gave a detailed time line of when we met and when she came and went into the country - so assuming someone read our time line the government has to know she over stayed -- but still I'm worried.

Could the consulate general deny her even though the NVC or USCIS already approved our packet? Has this been an issue for anyone else?

[Chica Yeyé 41]

Overstay is usually forgiven through marriage to a USC - but i am not sure what happens when you apply for a K-1 fiancee visa.You might want to read up the guides and stuff. Not knowing the law does not matter - it still applies.

[K&M 0]

Overstay is usually forgiven through marriage to a USC - but i am not sure what happens when you apply for a K-1 fiancee visa.You might want to read up the guides and stuff. Not knowing the law does not matter - it still applies.

I've read all the guides and I see nothing pertaining to this topic. The only reason it even came to mind was when I was reading a recent review for the Montreal consulate someone mentioned they were banned for 3 years for being found to have used illegal drugs in a certain period of time. Another post in response to that review mentioned that over staying a visitor visa is a 10 year ban.

Thanks for the snarky comment about not knowing the law.

[Chica Yeyé 41]

I was not being snarky - believe me, when I want to be snarky, you'll know. My original response stands: overstay is forgiven through marriage; but not sure about fiancee visas.

[thepizzadude 26]

Alright here is the story. I meet my Canadian fiancee 2 years back. She comes to stay with me for a bit. We go back to Canada every few months to see her family. We're both oblivious to the fact that she can only stay here for 6 months at a time. Neither of us really knew where the relationship was going so we never bothered to look at visa stuff. I had no problems letting her stay with me or supporting her.

Things get serious in the past year and we decide we want to get married. I see now that when crossing the border you're given an imaginary visitor visa. All this time neither of us had a passport and we would just drive back and forth using our licenses and other photo id.

Anyways, she had been staying with me for quite a while and we go over the 6 month limit. I completely support her, I make really good money and she's never been a charge of the state.

Is this going to be a problem for us? We're already on the final stages of our K1 visa - we just have the interview left (in 5 days) however I'm nervous. On one hand she did technically over stay a visitor visa (though we had no idea she was even on one) but on the other hand she was totally supported by me and she wasn't breaking any visa limit knowingly. When we filed our packet we gave a detailed time line of when we met and when she came and went into the country - so assuming someone read our time line the government has to know she over stayed -- but still I'm worried.

Could the consulate general deny her even though the NVC or USCIS already approved our packet? Has this been an issue for anyone else?

"Non-citizens will not be allowed to return to the U.S. for three years if they were unlawfully in

the U.S. for more than 180 consecutive days (but less than one year) after April 1, 1997. This is

known as the “3-year bar” to admission. Non-citizens will not be allowed to return to the U.S. for

10 years if they were unlawfully in the U.S. for one year or more after April 1, 1997. This is

known as the “10-year bar” to admission. This means that even if you have an approved visa

petition (including an H-1B, an R-1, or a permanent employment-based visa), you will not be

allowed to re-enter the U.S. for three or ten years if you are subject to the bars."

Hope the overstay was less than 180days or the above is the penalty...good luck.

[K&M 0]

Alright here is the story. I meet my Canadian fiancee 2 years back. She comes to stay with me for a bit. We go back to Canada every few months to see her family. We're both oblivious to the fact that she can only stay here for 6 months at a time. Neither of us really knew where the relationship was going so we never bothered to look at visa stuff. I had no problems letting her stay with me or supporting her.

Things get serious in the past year and we decide we want to get married. I see now that when crossing the border you're given an imaginary visitor visa. All this time neither of us had a passport and we would just drive back and forth using our licenses and other photo id.

Anyways, she had been staying with me for quite a while and we go over the 6 month limit. I completely support her, I make really good money and she's never been a charge of the state.

Is this going to be a problem for us? We're already on the final stages of our K1 visa - we just have the interview left (in 5 days) however I'm nervous. On one hand she did technically over stay a visitor visa (though we had no idea she was even on one) but on the other hand she was totally supported by me and she wasn't breaking any visa limit knowingly. When we filed our packet we gave a detailed time line of when we met and when she came and went into the country - so assuming someone read our time line the government has to know she over stayed -- but still I'm worried.

Could the consulate general deny her even though the NVC or USCIS already approved our packet? Has this been an issue for anyone else?

"Non-citizens will not be allowed to return to the U.S. for three years if they were unlawfully in

the U.S. for more than 180 consecutive days (but less than one year) after April 1, 1997. This is

known as the “3-year bar” to admission. Non-citizens will not be allowed to return to the U.S. for

10 years if they were unlawfully in the U.S. for one year or more after April 1, 1997. This is

known as the “10-year bar” to admission. This means that even if you have an approved visa

petition (including an H-1B, an R-1, or a permanent employment-based visa), you will not be

allowed to re-enter the U.S. for three or ten years if you are subject to the bars."

Hope the overstay was less than 180days or the above is the penalty...good luck.

Unfortunately there was one overstay that lasted more than 180 days - why the hell wold a visa petition be approved then if this was the case? I can't even begin to fathom the logic behind approving a petition (with them knowing the time line and the overstay) and then setting up an interview and charging us all along the way with paper work and medical examinations only to put their hand up at the interview and go "Oh wait! Sorry, she can't enter for 10 years."

Are there any options legally to get around this? Do we have any recourse in this incredibly illogical system of ours?

[Hugglebuggles 60]

This is a difficult situation. I've noticed myself that the K-1 visa process isn't necessarily Canadian friendly. I live very very close to the US border, as it sounds like you do, and i feel as though i'm as American as apple pie. I cross on a monthly basis, and sometimes i just go across for a couple hours shopping and what not. Then they wanted me to tell them every single time i have entered the United States? I don't know anyone who can remember every single visit across. As a Canadian you don't need a passport, you are pretty fee to enter at your leisure, and you're right, nobody ever tells you you can only stay for 180 days, and its not even widely known (in my area anyways) that you need a visa to move across. Going to the US is part of everyday life! (i actually know someone who was allowed to move to the US without a visa- it all depends on who you encounter at the border crossing)

The only thing I can say to you is that, I would think the USCIS understands that situation. She is a Canadian, she lives close to the boarder, and she travels back and forth all the time. No, ignorance to the law is not an excuse, but I would think they aren't going to hit you with an iron fist either. I would just be as honest as possible, that's all you can really do.

[rebeccajo 14]

Alright here is the story. I meet my Canadian fiancee 2 years back. She comes to stay with me for a bit. We go back to Canada every few months to see her family. We're both oblivious to the fact that she can only stay here for 6 months at a time. Neither of us really knew where the relationship was going so we never bothered to look at visa stuff. I had no problems letting her stay with me or supporting her.

Things get serious in the past year and we decide we want to get married. I see now that when crossing the border you're given an imaginary visitor visa. All this time neither of us had a passport and we would just drive back and forth using our licenses and other photo id.

Anyways, she had been staying with me for quite a while and we go over the 6 month limit. I completely support her, I make really good money and she's never been a charge of the state.

Is this going to be a problem for us? We're already on the final stages of our K1 visa - we just have the interview left (in 5 days) however I'm nervous. On one hand she did technically over stay a visitor visa (though we had no idea she was even on one) but on the other hand she was totally supported by me and she wasn't breaking any visa limit knowingly. When we filed our packet we gave a detailed time line of when we met and when she came and went into the country - so assuming someone read our time line the government has to know she over stayed -- but still I'm worried.

Could the consulate general deny her even though the NVC or USCIS already approved our packet? Has this been an issue for anyone else?

"Non-citizens will not be allowed to return to the U.S. for three years if they were unlawfully in

the U.S. for more than 180 consecutive days (but less than one year) after April 1, 1997. This is

known as the “3-year bar” to admission. Non-citizens will not be allowed to return to the U.S. for

10 years if they were unlawfully in the U.S. for one year or more after April 1, 1997. This is

known as the “10-year bar” to admission. This means that even if you have an approved visa

petition (including an H-1B, an R-1, or a permanent employment-based visa), you will not be

allowed to re-enter the U.S. for three or ten years if you are subject to the bars."

Hope the overstay was less than 180days or the above is the penalty...good luck.

Unfortunately there was one overstay that lasted more than 180 days - why the hell wold a visa petition be approved then if this was the case? I can't even begin to fathom the logic behind approving a petition (with them knowing the time line and the overstay) and then setting up an interview and charging us all along the way with paper work and medical examinations only to put their hand up at the interview and go "Oh wait! Sorry, she can't enter for 10 years."

Are there any options legally to get around this? Do we have any recourse in this incredibly illogical system of ours?

Well, they do it because, right after they say there is a bar, they offer you the opportunity to file a waiver to have the bar lifted. It's a complicated process, but it's legally necessary for the government to forgive the bar.

If I were you, I would speak to competent legal counsel about adjusting her status from within US borders. You should be able to learn all your options at that time. From the information you have provided, I do not foresee your situation as all that complicated. But good legal counsel will help you decide.