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I arrived in the US on a K1 visa and my teenage daughter on a K2. My USC husband fell on hard times due to medical issues and we couldn't AOS right away for financial reasons, and overstayed. My daughter was still under 18 and I sent her back to our home country for better school/work opportunities. Now 18, she plans to visit the US in the future on a tourist visa, would she be subjected to an overstay ban? I had heard that being under 18 at the time she overstayed, she might not be affected?


09 Nov 2015 - I-129F Sent

19 Nov 2015 - NOA1 Received

22 Dec 2015 - NOA2 Received

21 Jan 2016 - Petition received by US Consulate Sydney

18 Apr 2016 - Interview instructions received - given interview date of 31st May 2016 (we cancelled this date)

14 Jun 2016 - Requested new interview date

16 Jun 2016 - Email received - new date given - 30th August 2016

26 Aug 2016 - Visa medical Sydney

30 Aug 2016 - Consulate interview day - (approved pending medical report)

03 Sep 2016 - Medical report received by Consulate

07 Sep 2016 - Email request for more information from Consulate

08 Sep 2016 - New information sent to Consulate via email

15 Sep 2016 - Case status updated still processing

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Children under age 18 do not accumulate days of unlawful presence.  However, there are other consequences.  With a prior K-2 overstay and a US resident mom, she might get denied for a tourist visa.  It might be better to stick to the 90 days on the VWP.

 

Edited by aaron2020

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She has no illegal presence, does she have a tourist visa?


“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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No she doesn't have a visa yet. Yeah VWP is probably best.


09 Nov 2015 - I-129F Sent

19 Nov 2015 - NOA1 Received

22 Dec 2015 - NOA2 Received

21 Jan 2016 - Petition received by US Consulate Sydney

18 Apr 2016 - Interview instructions received - given interview date of 31st May 2016 (we cancelled this date)

14 Jun 2016 - Requested new interview date

16 Jun 2016 - Email received - new date given - 30th August 2016

26 Aug 2016 - Visa medical Sydney

30 Aug 2016 - Consulate interview day - (approved pending medical report)

03 Sep 2016 - Medical report received by Consulate

07 Sep 2016 - Email request for more information from Consulate

08 Sep 2016 - New information sent to Consulate via email

15 Sep 2016 - Case status updated still processing

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7 minutes ago, aaron2020 said:

Apply for ESTA and see if she can travel on the VWP.

I agree since the ESTA application fee is cheap (only $4 if denied or $14 total if approved). But there is a high chance of ESTA denial because of the Yes answer to "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

Edited by lummo

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Higher than somebody who could say no.


“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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Moved from K1 Process & Procedures to Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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