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Ayaoyao

Interview questions, overstayed previously.

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Hi there,

 

i have my interview on November 21st and I’ve been reading past interviews to see what kind of questions have been brought up. One of them is: Longest stay in US. Back in 2014 I went to USA for 2 months then left(January and February 2014), and on March 1st 2014 I went there and stayed until August 31st 2014. I haven’t been back into USA until last year 2017 where I made multiple trips to see my fiancé and arrange lawyer for K1 visa application. My question is: is my past trips going to have any negative impact? I’ve been stopped at the border before but only to ask questions and always been let through. 

 

Thank you.

 

Edited by Ayaoyao

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2 hours ago, Ayaoyao said:

Hi there,

 

i have my interview on November 21st and I’ve been reading past interviews to see what kind of questions have been brought up. One of them is: Longest stay in US. Back in 2014 I went to USA for 2 months then left(January and February 2014), and on March 1st 2014 I went there and stayed until August 31st 2014. I haven’t been back into USA until last year 2017 where I made multiple trips to see my fiancé and arrange lawyer for K1 visa application. My question is: is my past trips going to have any negative impact? I’ve been stopped at the border before but only to ask questions and always been let through. 

 

Thank you.

 

............

Edited by philcrisduke

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1 minute ago, philcrisduke said:

Hello there, i have not been in an interview for k1 (because my status now is waiting for noa2) but i have read some reviews regarding k1 visa interview, although it doesnt mean i know it well already, i just want to contribute here, maybe i can learn something also, in case my answer is wrong, as i read your subject ".... overstayed" did you actually overstayed? mar 1, 2014 to aug 31, 2014 is 6 months which is actually the maximum stay usa allowed for a tourist visa.... (im assuming you had was B1/B2 visa)... i will assume also that you did not literally/lawfully overstayed ... so i think you wont really have a problem with that, if i have the luxury to stay with my fiance for 6 months i would but i have to go back and work... :(

 

goodluck on your interview...

Thanks for your reply. I was more concerned if the 180 day rule apply to per calendar year or per visit. If it’s per calendar year then I definitely overstayed because I was there from January and February as well. I never had a visa to enter US since I am Canadian, they never even stamped my passport.

 

 

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4 minutes ago, Ayaoyao said:

Thanks for your reply. I was more concerned if the 180 day rule apply to per calendar year or per visit. If it’s per calendar year then I definitely overstayed because I was there from January and February as well. I never had a visa to enter US since I am Canadian, they never even stamped my passport.

 

 

so sorry. that i didnt catch before i replied to this, my bad ..... 

 

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27 minutes ago, Ayaoyao said:

Thanks for your reply. I was more concerned if the 180 day rule apply to per calendar year or per visit. If it’s per calendar year then I definitely overstayed because I was there from January and February as well. I never had a visa to enter US since I am Canadian, they never even stamped my passport.

 

 

so btw i will try to answer again by: maybe you can further check the 180 day rule in 1 year or 12 months (i think this doesnt automatically means from Jan - Dec ) so maybe you can check when was the first time you entered usa.. maybe your Jan -Feb 2014 is not in the same 12 months period with you mar - aug 2014 ......

nevertheless, since you were able to travel again after that it means that you werent ban .. so i personally think it will NOT be a problem, especially your nature of visit is very clear, you also can read from this site or maybe some other article to ease your worries https://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

 

this exerpt says it all:

"But that rule has nothing to do with the person who makes frequent short visits that aggregate 180 days or more during the year. A person could theoretically come across (and depart) as a visitor every day and accumulate 365 days of presence in the United States without raising any concerns about overstay or unlawful presence. Such a pattern could certainly lead to more CBP scrutiny at the border as to the nature of the visits, to rule out the possibility that the person is working or living illegally in the United States. The same is true for the person seeking entry as a visitor for lengthy periods of weeks or months at a time. I have had people tell me that they are entitled to visit for up to six months, and I tell them they are not entitled to six minutes if CBP determines they are not a visitor. It is a strange paradox that a routine short-term visitor gets an admission for up to six months, but a person who seeks entry as a visitor for six months might not get admitted at all."

 

 

hope it helps

 

Edited by philcrisduke

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1 minute ago, philcrisduke said:

so btw i will try to answer again by: maybe you can further check the 180 day rule in 1 year or 12 months (i think this doesnt automatically means from Jan - Dec ) so maybe you can check when was the first time you entered usa.. maybe your Jan -Feb 2014 is not in the same 12 months period with you mar - aug 2014 ......

nevertheless, since you were able to travel again after that it means that you werent ban .. so i personally think it will be a problem, especially your nature of visit is very clear, you also can read from this site or maybe some other article to ease your worries https://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

 

this exerpt says it all:

"But that rule has nothing to do with the person who makes frequent short visits that aggregate 180 days or more during the year. A person could theoretically come across (and depart) as a visitor every day and accumulate 365 days of presence in the United States without raising any concerns about overstay or unlawful presence. Such a pattern could certainly lead to more CBP scrutiny at the border as to the nature of the visits, to rule out the possibility that the person is working or living illegally in the United States. The same is true for the person seeking entry as a visitor for lengthy periods of weeks or months at a time. I have had people tell me that they are entitled to visit for up to six months, and I tell them they are not entitled to six minutes if CBP determines they are not a visitor. It is a strange paradox that a routine short-term visitor gets an admission for up to six months, but a person who seeks entry as a visitor for six months might not get admitted at all."

 

 

hope it helps

 

Thank you very much, these are very help informations.

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youre canada.

 

youre gold.

 

you have 6 months at any given point on your passport. paul is here every 2 or 3 weeks for a long weekend (and at holidays often stays longer), and has done this the past 3 years almost. we joke that hes practically on a first name basis with the border guards at peace bridge lol


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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31 minutes ago, debbiedoo said:

youre canada.

 

youre gold.

 

you have 6 months at any given point on your passport. paul is here every 2 or 3 weeks for a long weekend (and at holidays often stays longer), and has done this the past 3 years almost. we joke that hes practically on a first name basis with the border guards at peace bridge lol

We ran into problems where my fiancé was not let in because they felt he was trying to illegally immigrate even though he brought evidence of his ties. He ended up being detained for 4-5 hours which was horrible. After that, he didn’t try to cross again for 7 months. In the meantime we had filed for the K1...so when he tried to cross again he was provided an I-94 indicating when he had to return to Canada by. Definitely a pain but glad he was able to come through. I think the OP will be fine, especially if they didn’t give her any difficulty with her most recent visits. 

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2 minutes ago, KBA said:

We ran into problems where my fiancé was not let in because they felt he was trying to illegally immigrate even though he brought evidence of his ties. He ended up being detained for 4-5 hours which was horrible. After that, he didn’t try to cross again for 7 months. In the meantime we had filed for the K1...so when he tried to cross again he was provided an I-94 indicating when he had to return to Canada by. Definitely a pain but glad he was able to come through. I think the OP will be fine, especially if they didn’t give her any difficulty with her most recent visits. 

for sure, it can happen. Paul always takes ties and a letter from his boss with the date is he to return to work. i think hes only been questioned once or twice since filing and it was only briefly and he wasnt pulled into secondary.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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8 hours ago, Ayaoyao said:

Hi there,

 

i have my interview on November 21st and I’ve been reading past interviews to see what kind of questions have been brought up. One of them is: Longest stay in US. Back in 2014 I went to USA for 2 months then left(January and February 2014), and on March 1st 2014 I went there and stayed until August 31st 2014. I haven’t been back into USA until last year 2017 where I made multiple trips to see my fiancé and arrange lawyer for K1 visa application. My question is: is my past trips going to have any negative impact? I’ve been stopped at the border before but only to ask questions and always been let through. 

 

Thank you.

 

Overstaying means not departing by the latest date allowed by the VWP/visa. Eg you departed USA after 90 days while admitted through the VWP. This can lead to K-1s being denied and would require a waiver.

 

The 180 day rule has nothing to do with overstaying and is just a guideline for border agents.

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Canadians were certainly D/S usually, even with that there is no issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, Nov2017AD said:

Eg you departed USA after 90 days while admitted through the VWP.

OP is Canadian. Canadians are given B-2 status (not VWP) upon entry usually for 6 months.


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