Jump to content
Stiva82

Overstay during marriage

By Stiva82 in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

4 posts in this topic

Recommended Posts

Stiva82 Rookie

Stiva82   0

Posted
Timeline
Posted (edited)

Hello there,

 

I'm an Italian citizen currently in the US under J1 (scholar exchange) and married to a US citizen since March. My J1 expired on July 31 and am currently in grace period until August 30th. We are planning to leave on August 31st because my wife cannot leave earlier and the USDA will not return the travel authorization for our pet before August 30th. All this will make me overstay for less than a day. Is this going to have a big impact on my green card application (I'm planning to apply for CR1)

 

Thank you so much for your help,

G.C.

 

P.s.: I also have a B1/B2 because many years ago my ESTA got denied while travelling to US form Canada due to a mistake of the Canadian borders who never registered a previous re-entry in Canada from the US while I resided in Canada as a student. (This issue often causes border officers to question me and I have to explain the same story over and again).

Edited by Stiva82
Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Overstaying 1 day will not impact your CR-1.


You stated that your wife can't leave before August 31.  Nothing prevents you from leaving before August 31.  You are making a choice to overstay and the consequences is that your visitor visa will be void.  You will not be able to visit the US.  That's the price for overstaying even 1 day.  

Link to comment
Share on other sites
pushbrk Grand Master

pushbrk   12,109

Posted
Filed: Other Country: China
 Timeline
Posted
3 hours ago, aaron2020 said:

Overstaying 1 day will not impact your CR-1.


You stated that your wife can't leave before August 31.  Nothing prevents you from leaving before August 31.  You are making a choice to overstay and the consequences is that your visitor visa will be void.  You will not be able to visit the US.  That's the price for overstaying even 1 day.  

The key issue is explained above.  You are making a choice to travel together a day late.  That choice can cause your B1B2 visa to be revoked.  The cure is for you to leave on time and let your wife follow.  Your choice.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...