Jump to content
Sign in to follow this  
GnBnL

Overstay

5 posts in this topic

Recommended Posts

Hi,

I have a friend who's about to start the K-1 process. She has an overstay only by a month or so, and I was once told by a lawyer that there is sort of a grace period for overstays, and for Canadians, they are more lenient. Anyone know if she needs to file with a lawyer? I thought no since she would have to fist file for K-1 before possibly being denied, then file a waiver? A lawyer she called quoted her $10-$15000!!!!!!! and told her "no problem" with the overstay... I told her to join up VJ asap and start getting her records in order. Any help would be appreciated!

Thank you VJ-ers for your endless support!


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

Share this post


Link to post
Share on other sites

Do you know if they had any issues at the border?? If they have not, they should probably be fine.......my husband had an overstay and didn't require a waiver. They just need to be completely truthful to the amounts of time spent in the US on all of the paperwork.

Share this post


Link to post
Share on other sites

Your friend need to ditch the lawyer asap because he is definitely taking her for a ride.

A) USCIS will NOT be lenient just because she is a Canadian.

B) There is very rarely a grace period for overstays, unless she was on an student or a work visa (and certain other visas). For those visas, there is usually a window of about 30 days for the person to gather their stuff and tie up loose ends before leaving the country. Otherwise there is NO grace period.

What visa did your friend overstay on?

Share this post


Link to post
Share on other sites

no visa, she was just visiting. She has a border denial too, well, actually, the same as me, a voluntary withdrawal. Def needs to ditch the lawyer, she seemed relieved. I'm thinking it won't be an issue since she has not been in the country for a year. She didn't get a ban, and I'm assuming they would have instead of a voluntary? anyway, she's just getting started so she'll be here soon enough! S and P, how long was the overstay?

thanks for the help guys. :)

Should I just tell her to go ahead and file I-129F?


I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

Share this post


Link to post
Share on other sites

Do you know if they had any issues at the border?? If they have not, they should probably be fine.......my husband had an overstay and didn't require a waiver. They just need to be completely truthful to the amounts of time spent in the US on all of the paperwork.

just wanted to add.....that was our experience....we were worried about the overstay and got an attorney for the K1 process, and it turned out that we wasted our money, they didn't do anything we couldn't have done on our own.... no waiver was needed.... but I'm not positive it this is typical or if we just got lucky. Maybe someone else here has more info. to offer.

no visa, she was just visiting. She has a border denial too, well, actually, the same as me, a voluntary withdrawal. Def needs to ditch the lawyer, she seemed relieved. I'm thinking it won't be an issue since she has not been in the country for a year. She didn't get a ban, and I'm assuming they would have instead of a voluntary? anyway, she's just getting started so she'll be here soon enough! S and P, how long was the overstay?

thanks for the help guys. :)

Should I just tell her to go ahead and file I-129F?

he was in the US for 15 months.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×