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ClickityClackity

Overstayed the visa waiver by two days

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

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
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Posted

It won't affect your K1 but your ESTA is gone. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Cyberfx1024 Grand Master

Cyberfx1024   7,978

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted
1 hour ago, Mary&Rafa said:

Will this affect my K1 visa? I am worried that this might ban me for reentry. I have checked my ESTA application and it has not been revoked. 

Any information helps. Thank you!

It's won't affect your K1 visa at all but as of right now ESTA is gone, and good luck trying to get a B2 visa. 

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ClickityClackity Enthusiast

ClickityClackity   133

Posted
Filed: AOS (apr) Country: Spain
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Posted
50 minutes ago, Roel said:

It won't affect your K1 but your ESTA is gone. 

 

41 minutes ago, Cyberfx1024 said:

It's won't affect your K1 visa at all but as of right now ESTA is gone, and good luck trying to get a B2 visa. 

well since I'm becoming a resident I don't think I'm going to need ESTA or B2 ever again, so I think I'm okay

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
2 minutes ago, Mary&Rafa said:

well since I'm becoming a resident I don't think I'm going to need ESTA or B2 ever again, so I think I'm okay

Probably not.

You're fine so long as you end up marrying and remaining so until getting a green card, and never lose or abandon LPR status afterwards.

Sometimes marriages don't work out (not implying anything at all...just pointing out it does happen). Sometimes couples later decide to move to the beneficiary's country instead.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ClickityClackity Enthusiast

ClickityClackity   133

Posted
Filed: AOS (apr) Country: Spain
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Posted (edited)
7 minutes ago, geowrian said:

Probably not.

You're fine so long as you end up marrying and remaining so until getting a green card, and never lose or abandon LPR status afterwards.

Sometimes marriages don't work out (not implying anything at all...just pointing out it does happen). Sometimes couples later decide to move to the beneficiary's country instead.

I also checked the compliance page and it shows 

 

Days Overstayed: N/A 

Days Left to Leave the Country: N/A

 

So I think I'm in the clear

Edited by Mary&Rafa
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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
5 minutes ago, Mary&Rafa said:

I also checked the compliance page and it shows 

 

Days Overstayed: N/A 

Days Left to Leave the Country: N/A

 

So I think I'm in the clear

I'm not sure exactly what page that is, but they would determine any overstay when applying for a new ESTA and again when applying fore entry into the US (POE). If the exit was after the I-94 date (90 days from entry, counting the day of arrival and day of departure), then there would be at least 1 day of overstay. Otherwise, there would be no overstay.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ClickityClackity Enthusiast

ClickityClackity   133

Posted
Filed: AOS (apr) Country: Spain
 Timeline
  • Author
Posted
1 minute ago, geowrian said:

I'm not sure exactly what page that is, but they would determine any overstay when applying for a new ESTA and again when applying fore entry into the US (POE). If the exit was after the I-94 date (90 days from entry, counting the day of arrival and day of departure), then there would be at least 1 day of overstay. Otherwise, there would be no overstay.

That's the website I checked, so I'm a bit confused now.

https://i94.cbp.dhs.gov/I94/#/compliance-search

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, Mary&Rafa said:

That's the website I checked, so I'm a bit confused now.

https://i94.cbp.dhs.gov/I94/#/compliance-search

That's the official I-94 website, yup. Check the date of entry/exit ("Get Most Recent Entry" and/or "View Travel History"). Sometimes records do not show online (or are severely delayed in appearing), but records of entry/exit still exist in CBP's system.

Count 90 days exactly (don't assume 3 months) starting from the date of entry.

 

As for the K-1, you're perfectly fine. There would only have been an issue if you overstayed by 180+ days. 👍

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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ClickityClackity Enthusiast

ClickityClackity   133

Posted
Filed: AOS (apr) Country: Spain
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Posted
4 minutes ago, geowrian said:

That's the official I-94 website, yup. Check the date of entry/exit ("Get Most Recent Entry" and/or "View Travel History"). Sometimes records do not show online (or are severely delayed in appearing), but records of entry/exit still exist in CBP's system.

Count 90 days exactly (don't assume 3 months) starting from the date of entry.

 

As for the K-1, you're perfectly fine. There would only have been an issue if you overstayed by 180+ days. 👍

I did overstay by 1 day. O well, I'll check periodically but I think I'll be fine. I'm in the last stretch anyways. 

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