Concern about a previous overstay

[Soph 3]

Hello Everybody !

This is the first time I am writing on this forum but I already got a lot of info so thank you for that ! Also, Thank you so much for taking the time to read this, You can't imagine how much people like us appreciate what you guys do for helping.

I couldn't find the answer of my questions on the forum but I really hope somebody can help !

My boyfriend (US citizen) and I (France citizen) are really excited about starting the K1 Visa, even if it sounds like a ton of papers in a first place !

We already start bringing all the documents together but I do have 2 concerns in the back of my head.

1 - Last year I overstayed my waiver visa ( about 150 days...that was pretty stupid of me, I know). I heard that I can still apply for a K1 visa though.

In my G325A, should I wrote the adress where I stayed in the US for the 8 months ? Technically I was on a touristic visa and not a resident so should I mention it or not ?

I want to make sure I am not hidding anything from the USCIS.

2 - He is my friend since January 2008, We were both into a relationship back then, In november 2009 we realized that we were secretly inlove ( and single) with each other, In december he came over to France for a month. We are impatient to start our life together but Is this relationship too young for the USCIS ? Can I be denied because we are only into a relationship since 4 months ?

Sorry for the long explanation...I got too much excited about this....We havn't find a lawyer yet to answer those questions

[VanessaTony 3,567]

Hello Everybody !

This is the first time I am writing on this forum but I already got a lot of info so thank you for that ! Also, Thank you so much for taking the time to read this, You can't imagine how much people like us appreciate what you guys do for helping.

I couldn't find the answer of my questions on the forum but I really hope somebody can help !

My boyfriend (US citizen) and I (France citizen) are really excited about starting the K1 Visa, even if it sounds like a ton of papers in a first place !

We already start bringing all the documents together but I do have 2 concerns in the back of my head.

1 - Last year I overstayed my waiver visa ( about 150 days...that was pretty stupid of me, I know). I heard that I can still apply for a K1 visa though.

In my G325A, should I wrote the adress where I stayed in the US for the 8 months ? Technically I was on a touristic visa and not a resident so should I mention it or not ?

I want to make sure I am not hidding anything from the USCIS. as you are under the 180 days that would cause a 3 year ban. You should be fine. You will need to mention it when asked though. As for your residence, well, I personally would consider it a holiday and not worth mentioning on the address list as it was visiting... the way I do that is think if I wasn't staying at a person house, I would be in a hotel, would I mention a hotel or motel on the form? no.

2 - He is my friend since January 2008, We were both into a relationship back then, In november 2009 we realized that we were secretly inlove ( and single) with each other, In december he came over to France for a month. We are impatient to start our life together but Is this relationship too young for the USCIS ? Can I be denied because we are only into a relationship since 4 months? they might wonder, but you have proof of knowing each other for a while, and you have met the "meeting in the last 2 years condition", so it should be fine. Be prepared to show strong evidence though of a loving relationship, and not just "friendship"

Sorry for the long explanation...I got too much excited about this....We haven't find a lawyer yet to answer those questions

Hope that helps

[az110965 252]

Vanessa&Tony...

Being that the OP overstayed her visa, wouldn't that constitute a mandatory 3 year ban? THE OP stated she overstayed last year so (and I may be wrong) wouldn't that preclude her from K-1 for an additional 2 years from now?

Alan

[Nik+Heather 122]

Vanessa&Tony...

Being that the OP overstayed her visa, wouldn't that constitute a mandatory 3 year ban? THE OP stated she overstayed last year so (and I may be wrong) wouldn't that preclude her from K-1 for an additional 2 years from now?

Alan

No, there is a grace period of 180 days. If you over stay 0-180 days, no ban, if you overstay 180-360 days, 3 year ban, 360+ days, longer ban (Not remembering right now if it is 5 or 10 year).

[VanessaTony 3,567]

No, there is a grace period of 180 days. If you over stay 0-180 days, no ban, if you overstay 180-360 days, 3 year ban, 360+ days, longer ban (Not remembering right now if it is 5 or 10 year).

Yep, what they said It was under the 180 day limit so no ban.

Overstaying by more than a year is a 10 year ban.

Material misrepresentation (lying on a document, submitting fraudulent documents) is a lifetime ban.

most can be overcome with waivers but in the OP's case, no ban exists.

[Soph 3]

they might wonder, but you have proof of knowing each other for a while, and you have met the "meeting in the last 2 years condition", so it should be fine. Be prepared to show strong evidence though of a loving relationship, and not just "friendship"

Hello,

Since we were meeting every sunday at church, I don't have that much proof of our past friendship ( I wasn't thinking about taking pics overthere ! I wish I did ! ) I do have one or two pictures of him that I took at a coffee place but that doesn't really proof anything, right ?

Since november, I have a loooong list of emails and conversations, crasy phone bills and a lot of pictures of us during his trip to France.

Hopefully they will see that we do love each other. I also sent him Hotel and Rental car' bills with both of our name on it, it's in french but hopefully clear enough...

Thanks for the answers, You made my day just better already !

[Jen & Tim 0]

Can someone clarify?

If you have a 90 visa, such as visa from a vwp country. The overstay clock starts on the 91st day?

You could possibly stay 269 days and not incur a 3 year ban?

I have spoken to a few immigration lawyers, and get different answer from each regarding overstays...

[JimVaPhuong 4,864]

Can someone clarify?

If you have a 90 visa, such as visa from a vwp country. The overstay clock starts on the 91st day?

You could possibly stay 269 days and not incur a 3 year ban?

I have spoken to a few immigration lawyers, and get different answer from each regarding overstays...

Yes. The clock starts the first day AFTER your authorized stay expires.

[AustoUsa 1]

My fiance and I have lived together in each others apartments for the last 5 years while on tourist visas, usually at 6 month intervals. We listed these foreign residences in our G325A because both our names were on leases, and decided it looked good towards proving a bona fide relationship, etc. Depending on if you were in a home or hotel/hostel, I would list or not list respectively. Hope this helps. BTW I only just got mu NOA1, so don't know how effective my listings were... Good luck!!!

[VanessaTony 3,567]

Can someone clarify?

If you have a 90 visa, such as visa from a vwp country. The overstay clock starts on the 91st day?

You could possibly stay 269 days and not incur a 3 year ban?

I have spoken to a few immigration lawyers, and get different answer from each regarding overstays...

Yes. You could possibly stay this long and not incur a ban but there are several issues with doing so, such as:

- if you get caught by ICE while overstaying you will get in some serious trouble. Such as being detained and then removed, theres a ban there

- technically you also lied on your VWP paperwork by agreeing to the 90 day timeline but I doubt that'd be bought up

- once you overstay you create a "flag". So the next time you try and visit, or try and get a visitor visa or any type of visa, there's this note that you're an "overstayer" and not abiding by immigration laws so they're likely to be tougher on you OR if you use the VWP, they'll likely tell you to go home.. wasted flight.

Honestly it's not worth the hassle.

[VanessaTony 3,567]

My fiance and I have lived together in each others apartments for the last 5 years while on tourist visas, usually at 6 month intervals. We listed these foreign residences in our G325A because both our names were on leases, and decided it looked good towards proving a bona fide relationship, etc. Depending on if you were in a home or hotel/hostel, I would list or not list respectively. Hope this helps. BTW I only just got mu NOA1, so don't know how effective my listings were... Good luck!!!

The problem here is you've been misusing a tourist visa. You got lucky and it won't count against you for applying and I doubt for approval but it doesn't look good at all. That you were "living" in the US when you weren't supposed to be...

Doesn't matter now of course but I would advise anyone else against doing this.

[Jen & Tim 0]

- once you overstay you create a "flag". So the next time you try and visit, or try and get a visitor visa or any type of visa, there's this note that you're an "overstayer" and not abiding by immigration laws so they're likely to be tougher on you OR if you use the VWP, they'll likely tell you to go home.. wasted flight.

Honestly it's not worth the hassle.

The reason I seek clarification is:

My wife overstayed her vwp visa because she was a family member..(she was married but her previous marraige didn't work) she divorced, and spent nearly 2 months getting her 485 petition withdrawn. We have documentation (receipts for certified mail etc) of all her correspondence with USCIS, and records of all her visits to the local USCIS field office to have her previous 485 withdrawn.

I wonder when the overstay clock would start in her case. When her divorce was final? or the date on the letter stating her case was terminated from USCIS?

In either case she she did not exceed the 180 grace period. She left the country voluntarily, and most of her overstay was legal since she was pursuing a AOS as a family member..and she spent sometime dealing with the behemoth that USCIS is. If the latter the overstay is 10 days..(closing banks accounts, etc.. from her previous marriage)

Will this haunt she and I as I try to bring her here.. She and I married a few weeks before she left.