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NinjaMax

Overstaying + K-1

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Has anyone had experienced overstaying tourist visa by a month or two and have no issues receiving a k-1?

ive read on the embassy reviews that some people have overstayed previous visas and the consulate officer didnt think anything of it.




K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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Have you overstayed the b1/b2 visa or are you planning to?

There is of course penalty for touris visa overstay, applies if the overstay exceeds 180 days.

yes i have, but ive read from the embassy reviews on this site that some people were unaffected by their overstay.

this makes no sense to me, my intent is to immigrate to the US and live with my fiance, why should it matter?

Many people adjust status from tourist visas and get documents aswell

Edited by NinjaMax

K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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If your overstay is less than six months, you are okay. Penalty applies when overstay exceeds that.

not from what ive read, im asking for someone who has gone through this already and need their opinion on the matter.


K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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What the other poster mentioned is the correct info if it's less then 180 don't worry about it too much .

it is more than 180 days but there was a case for someone using the montreal embassy where the officer did not care

thats why i am wondering if anyone else experienced this


K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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it is more than 180 days but there was a case for someone using the montreal embassy where the officer did not care

thats why i am wondering if anyone else experienced this

then yes you have a ban and are considered illegally here . Usually people have experience with this but aren't necessarily going for a k1 visa it's more commonly seen with spouse visas . Considering you'll have to return to Canada for the interview your going to get smacked with a ban as soon as you leave .

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then yes you have a ban and are considered illegally here . Usually people have experience with this but aren't necessarily going for a k1 visa it's more commonly seen with spouse visas . Considering you'll have to return to Canada for the interview your going to get smacked with a ban as soon as you leave .

thats not true as i know of many canadians that stay longer than 6 months and have no problem coming back including my dad, i am looking for others experiences with the interview stage as ive asked in my original post.


K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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I have a hard time seeing how you can make a statement that overstaying by more than 180 days won't have any consequences? It even asks you in the DS-160 that you need to submit with your K1 visa if you have overstayed more than 180 days, that you need to check. I'm sure your interviewer will inquire about your situation, as it's a pretty serious overstay if you managed to be in the country for 6 months or longer..


K-1 Journey: 309 days from received to POE (TSC)

 

 

[september 11, 2014] - I-129F received by USCIS

[september 15, 2014] - NOA1
[May 27, 2015] - NOA2
[July 9, 2015] - I N T E R V I E W! (APPROVED!)
[July 13, 2015] - Issued
[July 14, 2015] - Visa in hand
[July 16, 2015] - POE JFK

AOS Journey: 169 days from received to GC in hand (NSC)

Spoiler

 

[July 17, 2015] - Successfully applied for SSN

[July 18, 2015] - Sent out AOS package

[July 21, 2015] - Received

[July 24, 2015] - NOA1 (3x)

[August 18, 2015] - Biometrics

[september 19, 2015] - EAD/AP approval (63 days)

[september 24, 2015] - EAD/AP Received

[January 6, 2016] - Green Card approved without interview(166 days)

[January 12, 2016] - Received Green Card

ROC journey starts: October 2017

 

 

ROC Journey: VSC

[October 30, 2017] - Sent package

[November 3, 2017] - NOA1

[November 18, 2017] - Biometrics letter received

[December 5, 2017] - Biometrics

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If you want more "experienced" posters because you don't believe what's already been said then you should report your topic to be moved to the Canadian forum.

Easier to get answers from Canadians there.


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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OP you seem to already have all of the answers by saying that you know people who have no problem returning after an overstay. So why ask the question?

because thats not my question if you read the original post, i asked if anyone had any experience at the interview stage getting a k-1 with a tourist overstay.


K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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--Moved to Canadian sub-formum as OP wants interview specific experiences for Canada for an overstoy of greater than 180 days. All other poster can ignore this thread---

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because thats not my question if you read the original post, i asked if anyone had any experience at the interview stage getting a k-1 with a tourist overstay.

To which you've been given an answer. Providing there wasn't an overstay in excess of 180 days (ie: you were in the usa for 6 months and decided to stay for another 6 months) you should be fine.

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