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SteveColo

Do you think this is considered 'overstaying' your visa?

By SteveColo in IR-1 / CR-1 Spouse Visa Process & Procedures

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SteveColo Collaborator

SteveColo   0

Posted
Filed: K-3 Visa Country: Ukraine
 Timeline
Posted

I've read that you have a 'grace' period of 180 days to leave the USA after you I-94 expires. What if the visa you came over on expired within those 180 days? The visa holder did leave within the 180 days ...

Steve & Ksenia

502pfk.gif2rom8nd.gif

July 23, 2008 - Married my beautiful Ksenia

Oct 11, 2008 - I-130 Sent

Oct 13, 2008 - I-130 Delivered to Chicago Lockbox

Oct 20, 2008 - Checks cashed by USCIS

Oct 24, 2008 - NOA1 (I-130)

Oct 25, 2008 - I-129F Sent to CSC

Oct 29, 2008 - I-129F Received at CSC

Oct 30, 2008 - NOA1 for I-129F mailed to me - received 11/22/08 because of address change

Oct 31, 2008 - I-130 Touched

Nov 3, 2008 - I-130 Touched

Nov 18, 2008 - I-129F Touched

Nov 20, 2008 - I-130 (for step daughter) Touched

Feb 17, 2009 - Case received by the NVC

Feb 25, 2009 - Received letter from NVC dated Feb 20th saying they had received my approved I-129F

Feb 27, 2009 - Received 2 letters from NVC dated Feb 20th - they had received both approved I-130's

Mar 6, 2009 - Medical for Ksenia & Sasha completed in Kiev. Everything is great.

Mar 9, 2009 - Called NVC and found out our K3 is in "administrative processing"

Apr 6, 2009 - OUT OF A.P. !!! File being sent to Kiev !

May 5, 2009 - K3 interview in Kiev! APPROVED !!!

July 12, 2009 - ARRIVAL IN USA !!!

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted
I've read that you have a 'grace' period of 180 days to leave the USA after you I-94 expires. What if the visa you came over on expired within those 180 days? The visa holder did leave within the 180 days ...

There is no such thing as a grace period. Overstay less than 180 means she will not receive a bar to reentry, but the visa will be cancelled and the holder would not receive another.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

If you do not depart the US on the last day of your approved stay then you are out of status and everyday after that date is a day of overstay. There is no grace period, if the person leaves the US anytime between 1st day of overstay and day 179 days then there is no ban impossed. If they leave on day 180 or before day 364 then a ban of 3 years is impossed, if they leave on or after day 365 then thay are banned for 10 years.

Any visa that has been issued before the overstay occured is revoked and it would be unlikely that any further non-immigrant visa would be approved.

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Garu Explorer

Garu   0

Posted
Filed: Lift. Cond. (apr) Country: Peru
 Timeline
Posted

Like the last poster said, it will impact a non-immigrant visa like a visitors visa. You will have to disclose the overstay in the visitor visa application and the embassy has sole discretion to deny or approve. I have friends in this situation and although many years passed, the visitors visa was denied. I think it is the embassy setting an example for others.

It will not impact an immigrant visa like the CR1 or IR1.

11/03/07: Civil Wedding

05/03/08: Religious Wedding

I-130 Timeline

11/27/07: I-130 sent to VSC

01/28/08: NOA1

02/24/08: Touched

08/13/08: I-130 transferred from VSC to CSC

08/14/08: Touched

08/21/08: I-130 now pending at CSC

09/17/08: Touched in the morning

09/17/08: NOA2 - Approval email sent at 10:15 PM. 295 days. 9 months, 21 days

09/18/08: Touched

09/19/08: Touched

NVC Timeline

09/24/08: Case number generated

10/02/08: AOS and IV invoice mailed by NVC. DS-3032 not needed

10/07/08: AOS invoiced received and paid online

10/08/08: IV invoice paid online

10/09/08: AOS and IV shows paid in online system. Printed bar coded pages

10/10/08: Mailed I864 package

10/14/08: I-864 package received at NVC

10/16/08: Mailed DS-230 package

10/17/08: DS-230 package received at NVC

10/24/08: Case complete. 31 days from NVC receipt to completion

10/29/08: NVC assigned interview date of 12/22/08

The last mile

12/22/08: Interview at the Lima, Peru embassy completed

12/23/08: Passport and documents picked up at DHL facility in Lima

12/27/08: Point of Entry - Miami International Airport. 398 days. 1 year, 1 month from submission of I130 to U.S. arrival

01/21/09: My wife received Residence Card in the mail

02/13/09: My wife received Social Security Card in the mail (had to go to SS office and apply in person)

I-751 Petition to Remove Conditions on Residence

12/08/10: Received at VSC

12/24/10: Biometrics notice date

01/14/11: Biometrics appointment date

05/10/11: Approval letter received

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Brad and Vika Mentor

Brad and Vika   129

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
 Timeline
Posted

I think it will depend upon the reason for the overstay. Although it is generally true that the 179 days won't result in a ban, if the overstay was caused by, for example, a stay in the klink because of some criminal activity, there is a problem with any kind of visa going forward. The overstay is not the reason for the problem, just the event that allowed state to find it.

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Travelers - not tourists

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