CR1 - previous overstay

[nervouswreck10 0]

I need help with this frustration. Thank you in advance. So when I started my I-130 in the States, but left to go back to Canada and is processing my CR1 through NVC and currently with the embassy here in Canada. My husband is USC and our son is USC, I did not find out about my overstayed on the I-94 until recently and now I'm worried about having my CR1 rejected because of it. Any idea on this issue?

[teeak 224]

How long after your departure date did you leave? Or more exact, how many days did you overstay?

Edited May 3, 2016 by teeak

[nervouswreck10 0]

I was issued I94 and support to return in 2 weeks but I ended up staying for over a few months, if I'm not wrong, I entered on Jan 4 but didn't return until June 28? Thank you for your reply.

[NikLR 13,234]

How many days exactly? Yes it matters.

[Penguin_ie 6,000]

Find out the exact dates, because if you overstayed longer than 6 months, there may be a ban. If it was less than 6 months, you should be ok- they will ask about it at interview and may give you a hard time, but the overstay alone should not cause denial.

Out of interest, how come they only gave you 2 weeks when you entered? Did you get pulled into secondary inspection for questioning?

[nervouswreck10 0]

Yes, they did with the second inspection and they gave me the I94 and stamped it. That is the exact date unfortunately. My understanding is that if I did NOT get the I94 then I should be ok with 180 days but I don't know if the I94 is issued.

[newacct 688]

Actually, if you did not get an I-94 (paper or electronic), then you do not automatically accrue "unlawful presence" no matter how long you stay. But since you got an I-94, you start accruing "unlawful presence" when you stayed past the date on the I-94, and if you accrued more than 180 days of "unlawful presence" and then left you would have a ban. From what you said it seems to be less than 180 days, but you might want to find evidence to prove you returned to Canada around when you say you did.

[nervouswreck10 0]

From Jan 4th to June 28, is that consider over 180 days? I'm in the process of sending in my financial documents and if I did overstayed, I should be rejected my visa because of it? Everything else is good only that is giving me a problem.

[teeak 224]

If those are the exact dates, assuming you were supposed to leave the US by Jan 18, then you're just about 3 weeks under 180 days. Based on this, you shouldn't be receiving the 3 years ban.

Make sure to bring evidence of the stay as in, copy of your I-94 and passport stamp evidencing your departure and of course, the CO will know of it so be sure to be truthful about it as well.

You can obtain a copy of an electronic I-94, by accessing this link: https://i94.cbp.dhs.gov/I94/consent.html

[nervouswreck10 0]

From Jan 4th to June 28, is that consider over 180 days? I'm in the process of sending in my financial documents and if I did overstayed, I should be rejected my visa because of it? Everything else is good only that is giving me a problem.

Thanks so much, I hope I'll be okay. I'll look into it and see

[newacct 688]

From Jan 4th to June 28, is that consider over 180 days? I'm in the process of sending in my financial documents and if I did overstayed, I should be rejected my visa because of it? Everything else is good only that is giving me a problem.

Thanks so much, I hope I'll be okay. I'll look into it and see

No that is 175 days. Did you check your I-94 to make sure Jan 4 is what it says? Do you have a passport stamp or flight boarding pass showing you entered Canada on Jun 28? If not, do you have some receipt or some other thing that shows you were in Canada before July 3?

[nervouswreck10 0]

I-94 says that arrival date is Jan.04 and departure date is June 28. So I'm confused to how many days that is, and if they counted as overstayed, then what is my chances of getting through with CR1?

[Penguin_ie 6,000]

There is 175 days betwen Jan 4th and June 28th, so you do NOT have a ban.

[newacct 688]

I-94 says that arrival date is Jan.04 and departure date is June 28. So I'm confused to how many days that is, and if they counted as overstayed, then what is my chances of getting through with CR1?

You mean that the "admit until" date is Jan 4 (not the arrival date), right?

[nervouswreck10 0]

It says the arrival date is Jan 4th and Departure date is June 28, so I don't know how to count those date as.