Overstaying + K-1

[Lemonslice 4,555]

Overstay is different for Canadians

Who is subject to 222(g)?

222(g) overstay provisions apply only to the following aliens:

Aliens who entered the United States on the basis of a nonimmigrant visa stamp in their passport; and who

Have "stayed beyond the period of time authorized by the Attorney General."

Alien must have entered the United States on the basis of a nonimmigrant visa

I.N.A. § 222(g) clearly states that the provision applies only to "an alien who has been admitted on the basis of a nonimmigrant visa..."

Aliens who enter the United States in ways other than with a particular nonimmigrant visa in their passport are not affected by § 222(g).

****** USCIS and DOS clarified that the following individuals are not subject to overstay penalties, since they did not enter the United States on a nonimmigrant visa:

Individuals who come on immigrant visas;

Those who enter the United States under a visa waiver program (WB or WT status on the Visa Waiver Pilot Program or Guam Visa Waiver Program);

Individuals who are not required to obtain visas under 8 C.F.R. § 212.1© (e.g., Canadians);

Those who enter without inspection; and

Those who are admitted to the United States in parole status.

It is important to understand that individuals in these categories who stay longer than the authorized period of stay are still in violation of their status, but they are not subject to I.N.A. § 222(g). *******

http://www.temple.edu/isss/immigration/overstay.html

Edited June 8, 2015 by Boston~Montreal

[NinjaMax 14]

Overstay is different for Canadians

Who is subject to 222(g)?

222(g) overstay provisions apply only to the following aliens:

Aliens who entered the United States on the basis of a nonimmigrant visa stamp in their passport; and who

Have "stayed beyond the period of time authorized by the Attorney General."

Alien must have entered the United States on the basis of a nonimmigrant visa

I.N.A. § 222(g) clearly states that the provision applies only to "an alien who has been admitted on the basis of a nonimmigrant visa..."

Aliens who enter the United States in ways other than with a particular nonimmigrant visa in their passport are not affected by § 222(g). USCIS and DOS clarified that the following individuals are not subject to overstay penalties, since they did not enter the United States on a nonimmigrant visa:

Individuals who come on immigrant visas;

Those who enter the United States under a visa waiver program (WB or WT status on the Visa Waiver Pilot Program or Guam Visa Waiver Program);

Individuals who are not required to obtain visas under 8 C.F.R. § 212.1© (e.g., Canadians);

Those who enter without inspection; and

Those who are admitted to the United States in parole status.

It is important to understand that individuals in these categories who stay longer than the authorized period of stay are still in violation of their status, but they are not subject to I.N.A. § 222(g).

http://www.temple.edu/isss/immigration/overstay.html

im confused, where does that leave me? what are my options if i am still currently in the US?

[Lemonslice 4,555]

I can't advise. I remember reading something about the immigration judge having to determine there's an overstay. Call USCIS, do some research.

[NinjaMax 14]

now ive become paranoid, i am going to forfeit my k-1 and continue living in the US. seems like i have no other choice, maybe ill lawyer up and adjust status

[Transborderwife 4,666]

You can't AOS unless you two marry first. Just exactly how long have you been in the USA?

Edited June 8, 2015 by Transborderwife

[NinjaMax 14]

You can't AOS unless you two marry first. Just exactly how long have you been in the USA?

just a little over 7 months, but the thing is my arrival wasnt even recorded for some reason?

when i check my i-94 online it says im still in Canada. I think this was due to using a land crossing and the officer didnt put me into the system properly

[Transborderwife 4,666]

If there's no record of your entry you could be in even more trouble when applying for AOS

[NinjaMax 14]

If there's no record of your entry you could be in even more trouble when applying for AOS

how is the average person suppose to know this, its not even my fault

[Transborderwife 4,666]

Ultimately it's your word against theirs. Do you have anything physical tying you close to the border entry ie: transactions on a bank statement? I know that deferred inspection stations can fix I-94's if they're not found or have a premature departure date. Check out this link: https://help.cbp.gov/app/answers/detail/a_id/1697/~/what-to-do-if-your-i-94-is-not-found-online

[NinjaMax 14]

Ultimately it's your word against theirs. Do you have anything physical tying you close to the border entry ie: transactions on a bank statement? I know that deferred inspection stations can fix I-94's if they're not found or have a premature departure date. Check out this link: https://help.cbp.gov/app/answers/detail/a_id/1697/~/what-to-do-if-your-i-94-is-not-found-online

my i-94 is found, just not this visit.

it shows some of my previous visits which lasted 1week to a month

most of them seem to have been erased aswell

i hope the consular officer can give me a break at the k-1 interview stage, there is a review on this site where someone had brought up their previous overstay and the officer didnt think anything of it

[carocaro 22]

Of all the times I had come back and forth between Canada and US over the years (owned a home here, some driving, some flying, prior to marriage) I never had a US stamp in my passport. I did the best with the records and memory that I had for the paperwork. Do some searching on here for other *Canadians* that married with an overstay. Does not seem to be a big deal.

I didn't see them looking for the US stamps at our interview -- was more about the questions and details confirming that we had a real relationship and marriage.

some discussion on this: http://www.visajourney.com/forums/topic/379338-what-do-i-need-to-do-overstay-from-canada-married-to-american/

Edited June 8, 2015 by carocaro

[NinjaMax 14]

Of all the times I had come back and forth between Canada and US over the years (owned a home here, some driving, some flying, prior to marriage) I never had a US stamp in my passport. I did the best with the records and memory that I had for the paperwork. Do some searching on here for other *Canadians* that married with an overstay. Does not seem to be a big deal.

I didn't see them looking for the US stamps at our interview -- was more about the questions and details confirming that we had a real relationship and marriage.

some discussion on this: http://www.visajourney.com/forums/topic/379338-what-do-i-need-to-do-overstay-from-canada-married-to-american/

Do you think I should continue with my K-1 process since the petition has been approved and hope that the consular officer will forgive the 1-2 month overstay?

or

Me and my fiancee can get married this month and do the above process?

Who is the person that issues the ban anyway?

[NikLR 13,220]

Okay you're not interpreting this right. An overstay of 180 days means you stayed in the USA for 1 year or 180 days past the exit date stamped on your passport.

What you do now it up to you. Either adjust your status and all that goes with it, or continue with the K1. Either way make up your mind soon.

[NinjaMax 14]

Okay you're not interpreting this right. An overstay of 180 days means you stayed in the USA for 1 year or 180 days past the exit date stamped on your passport.

What you do now it up to you. Either adjust your status and all that goes with it, or continue with the K1. Either way make up your mind soon.

ok im extremely confused right now

lets say i was here for 7 months since my arrival (210) days

that means i overstayed by 30 days right? and i have 150 more to go until the penalties of overstaying apply?

[Morganalmonshid94 84]

ok im extremely confused right now

lets say i was here for 7 months since my arrival (210) days

that means i overstayed by 30 days right? and i have 150 more to go until the penalties of overstaying apply?

yep