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Landurerason

If Petitioner overstays in Beneficiary's native country, could this effect the K1 visa?

By Landurerason in K-1 Fiance(e) Visa Process & Procedures

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Landurerason Apprentice

Landurerason   3

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hello,

I would love any feedback to my question: My K1 is currently processing, and my fiancé (U.S. citizen) is in Brazil with me. She wants to stay in Brazil until the visa interview, and we are hoping we can go to the U.S. together if all goes well. However, this would require her to overstay her tourist visa. Brazil's immigration laws are pretty lax, and she would just have to pay a fine when she leaves the country. However, will this effect our K1 in any way? We don't want to get denied.

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Unshakable Faith Proficient

Unshakable Faith   493

Posted
Filed: AOS (pnd) Country: Nigeria
 Timeline
Posted
6 minutes ago, Landurerason said:

Hello,

I would love any feedback to my question: My K1 is currently processing, and my fiancé (U.S. citizen) is in Brazil with me. She wants to stay in Brazil until the visa interview, and we are hoping we can go to the U.S. together if all goes well. However, this would require her to overstay her tourist visa. Brazil's immigration laws are pretty lax, and she would just have to pay a fine when she leaves the country. However, will this effect our K1 in any way? We don't want to get denied.

It shouldn't.   Brazilian immigration laws have nothing to do with US immigration laws.  Just know the risks and do what is best for the two of you. 

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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audacieux89 Collaborator

audacieux89   256

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
55 minutes ago, Landurerason said:

Hello,

I would love any feedback to my question: My K1 is currently processing, and my fiancé (U.S. citizen) is in Brazil with me. She wants to stay in Brazil until the visa interview, and we are hoping we can go to the U.S. together if all goes well. However, this would require her to overstay her tourist visa. Brazil's immigration laws are pretty lax, and she would just have to pay a fine when she leaves the country. However, will this effect our K1 in any way? We don't want to get denied.

Nope. I don't think it matters. What matters is if YOU overstay in US territory. Everything in K1 is mostly about you and your relationship. Proof of spending time together is actually a good thing. Just make sure to know what the consequences are for her if she does overstay in Brazil.

-=ROC & Naturalization Timeline=-

January 25, 2021 - ROC application received

January 22, 2022 - Case transferred

January 16, 2022 - Naturalization application received

April 7, 2023 - ROC and Naturalization Interview

April 20, 2023 - Oath Ceremony scheduled

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

No, it won't affect the K-1.

 

However, I can't speak to exactly how it affects your future chances of entering Brazil (or even other countries) in the future. A quick search shows that it's uncommon for entry to be denied because of a previous overstay, but has occurred (usually when they were unable to pay the fine upon arrival due to banks being closed and such). And some other countries require disclosing any past immigration violations, which may impact the ability to enter those countries (i.e. if you overstayed in Brazil, you might overstay in those countries, too). For instance USCs need a visa to visit Australia, which asks "Have you ever...overstayed a visa in any country (including Australia)?"

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Ontarkie Grand Master

Ontarkie   13,915

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

The only other thing I can think of that may be an issue is the AOS as she will not be working. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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YecaCruz Rising Star

YecaCruz   374

Posted
Filed: Citizen (apr) Country: Nicaragua
 Timeline
Posted

If you are worried about that, is it possible for you to cross the border to another country? People living as tourists in Nicaragua cross to Costa Rica all the time in order to "reset" their tourist visa, in a manner of speaking. Thus, they don't accumulate any overstay and are able to live in Nicaragua for years.

OR

Is there an option to extend her tourist visa?

 

 

A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50] Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status on ceac site= "AP": 1/25, "Issued":01/27, "In Transit: 2/02", Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]  NOA1 Hardcopy rcv'd in mail: 3/12 [Day 9]; Biometric Notification rcv'd in mail: 3/26 [Day 23]; Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" 4/23 [Day 48] ; "Your case was approved" 4/26 [Day 51]; "Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC - 390 days 

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered on 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]; NOA rcv'd in mail: 2/02 [Day 4]

Biometrics  Sent 5/5, rcv'd in mail 5/12 [Day 107]

Biometrics appt: Not required

18 Month extension letter received, dated 8/18: 8/24/18 [Day 211]

"New Card Being Produced" - 2/11/19 [Day 382], email "we mailed your card on 2/14" - 2/15

Card arrived: 2/19/19 [Day 390]

Citizenship - 643 Days

Spoiler

Window opens: 01/24/2019

E-file: 01/28/2019 [Day 1]

Biometrics = scheduled: 02/01 [Day 4], view uploaded document: 02/05 [Day 8], appointment day: 02/19 [Day 22] In Fargo, ND

Interview scheduled notification online: 9/3/20 [Day 585]

Interview in Minneapolis, MN: 10/20/20 [Day 632] at 12:15 PM: passed/approved

Oath Ceremony: scheduled 10/20, view letter online 10/21

Oath : Fargo, ND 2:15pm at sanctuary events center. No guests allowed

 

1808 total days of thinking about/waiting for immigrations!

Applied for US Passport 11/4/2020, application approved 1/26/21, passport and naturalization cert received in mailbox: 1/28/21 📘

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Landurerason Apprentice

Landurerason   3

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
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Quote

If you are worried about that, is it possible for you to cross the border to another country? People living as tourists in Nicaragua cross to Costa Rica all the time in order to "reset" their tourist visa, in a manner of speaking. Thus, they don't accumulate any overstay and are able to live in Nicaragua for years.

OR

Is there an option to extend her tourist visa?

In Brazil, she can stay here for a max of 180 days with the extension (90 days+90 days) a year. She will have maxed out 180 days by the end of June. The visa doesn't "reset" if you cross the border into Paraguay or Argentina. You just stop accumulating days. 

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