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GinaPNJ

Overstayed Visa by 5 Days. Problem?

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

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GinaPNJ Newbie

GinaPNJ   0

Posted
Filed: K-1 Visa Timeline
Posted

We just figured out that my fiancé mistakenly overstayed his OPT Work Visa (as part of his F-1 student visa) for 5 days. I am a nervous wreck that this will effect our K-1 Visa. We received our NOA2 a few days ago. Any advice or input is appreciated!


Met in College: 10/2008

Fiancé's Student Visa Expires, Goes Back to Ireland: 06/15/2013

I-129F Sent: 02/22/2014

NOA1 Received via Email: 02/26/2014

Engaged in Ireland: 03/14/2014

NOA2 Received via Email: 08/05/2014

NOA2 Received via Mail: 08/08/2014

Sent to NVC: 08/11/2014

NVC Sent to Consulate: 08/25/2014

Consulate Received: 08/29/2014

Packet 3 Received: 09/01/2014

Packet 3 Sent: 09/16/2014

Packet 4 Received: 09/19/2014

Interview Date: 09/30/2014 -- APPROVED!!!!

POE Date: 10/27/2014


Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Won't be an issue.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

GinaPNJ Newbie

GinaPNJ   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

Just means he can't use VWP to visit without a new esta that discloses his overstay ( which should be rejected )

He has visited twice since his overstay with no problems, so that's good, right?

Met in College: 10/2008

Fiancé's Student Visa Expires, Goes Back to Ireland: 06/15/2013

I-129F Sent: 02/22/2014

NOA1 Received via Email: 02/26/2014

Engaged in Ireland: 03/14/2014

NOA2 Received via Email: 08/05/2014

NOA2 Received via Mail: 08/08/2014

Sent to NVC: 08/11/2014

NVC Sent to Consulate: 08/25/2014

Consulate Received: 08/29/2014

Packet 3 Received: 09/01/2014

Packet 3 Sent: 09/16/2014

Packet 4 Received: 09/19/2014

Interview Date: 09/30/2014 -- APPROVED!!!!

POE Date: 10/27/2014


Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

I believe that only overstay on the VWP itself renders someone ineligible to use the VWP again; overstay on another visa (in this case F-1 OPT) will have no effect on any VWP privileges the alien has.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

GinaPNJ Newbie

GinaPNJ   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted

It turns out that there is a 60-day grace period to leave the country on an OPT visa. Thank you for your helpful responses!


Met in College: 10/2008

Fiancé's Student Visa Expires, Goes Back to Ireland: 06/15/2013

I-129F Sent: 02/22/2014

NOA1 Received via Email: 02/26/2014

Engaged in Ireland: 03/14/2014

NOA2 Received via Email: 08/05/2014

NOA2 Received via Mail: 08/08/2014

Sent to NVC: 08/11/2014

NVC Sent to Consulate: 08/25/2014

Consulate Received: 08/29/2014

Packet 3 Received: 09/01/2014

Packet 3 Sent: 09/16/2014

Packet 4 Received: 09/19/2014

Interview Date: 09/30/2014 -- APPROVED!!!!

POE Date: 10/27/2014


 
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