Advice on Travelling

[oucusu 0]

Hi, I had travel plans to go to Japan for a week with my US Citizen husband in October 2025, we had planned this last year. I'm a British national with a conditional green card from my marriage, currently in the process of removing those conditions and we are still waiting to get approved. I do have a 48 month extension. Prior to entering the USA with my K1 Visa, I had visited and overstayed 1 day because of the flight being delayed. I have fully disclosed this overstay during the K1 filing and interview. I don't have any criminal history or prior convictions, but I have heard news of people being detained for overstaying even if it's just a few days. I'm wondering if I'll be detained if we come back from Japan after out trip?

[Daphne . 2,036]

You will be fine! 

[oucusu 0]

Thank you! Do you know if I need to file a I-131 for re-entry?

[Dashinka 25,560]

32 minutes ago, oucusu said:

Thank you! Do you know if I need to file a I-131 for re-entry?

Not for a trip of less than 6 months.

 

Good Luck!

[Crazy Cat 43,820]

1 hour ago, oucusu said:

but I have heard news of people being detained for overstaying even if it's just a few days.

Green Card holders being detained?  Have you seen any cases like that here on VJ?  I have not.

[oucusu 0]

7 minutes ago, Crazy Cat said:

Green Card holders being detained?  Have you seen any cases like that here on VJ?  I have not.

Not on VJ. I saw articles about an Indian woman being detained for overstaying her student visa for 3 days. She apparently re-entered the US with a new and valid visa but got detained anyway. I think the fact that she overstayed for 3 days made me worried since I personally have overstayed for 1 day. I was just wondering if that was going to affect my trip with how things have been recently.

[Crazy Cat 43,820]

Just now, oucusu said:

Not on VJ. I saw articles about an Indian woman being detained for overstaying her student visa for 3 days. She apparently re-entered the US with a new and valid visa but got detained anyway. I think the fact that she overstayed for 3 days made me worried since I personally have overstayed for 1 day. I was just wondering if that was going to affect my trip with how things have been recently.

You are a Green Card holder... You will be fine.  Have a happy and safe trip.

[Boiler 47,042]

1 hour ago, oucusu said:

Not on VJ. I saw articles about an Indian woman being detained for overstaying her student visa for 3 days. She apparently re-entered the US with a new and valid visa but got detained anyway. I think the fact that she overstayed for 3 days made me worried since I personally have overstayed for 1 day. I was just wondering if that was going to affect my trip with how things have been recently.

That is a link to the Guardian….

[Dashinka 25,560]

1 hour ago, oucusu said:

Not on VJ. I saw articles about an Indian woman being detained for overstaying her student visa for 3 days. She apparently re-entered the US with a new and valid visa but got detained anyway. I think the fact that she overstayed for 3 days made me worried since I personally have overstayed for 1 day. I was just wondering if that was going to affect my trip with how things have been recently.

Completely different situation which was discussed somewhere here.  If I recall, there were questions about working without a proper visa which of course is not covered by the Guardian.   Regardless, you are fine, your overstay was forgiven when you got your CGC as the spouse of a USC.  The only things I have heard about GC holders having issues at the border deal with those that have been out of the country for extended periods (> a year) without a re-entry permit.  Heck there was one thread here on VJ of a LPR that was out of the country for 10 years or so and still got in with an I90 receipt and expired 10yr GC sometime during the last Administration, and this seems to be coming to an end with the current Administration.

 

You will be fine with your short trip.  My only advice is to make a copy or two of your extension letter, some airlines are not familiar with it, and may ask to keep it, and you need the original for CBP.

 

Good Luck!

[mam521 2,441]

You are married to an American and have a greencard.  Nothing to worry about.  

 

Also remember, there's 3 sides to every story and pretty much every one that hits a headline leaves out some important information, when you dig into them further.  That news article about the Canuck - yep, she'd been POE shopping and had been told by a CBP officer to go through consular processing.  Furthermore, she been advised by her legal counsel to listen to CBP and not attempt to go to Mexico.  She didn't listen...play stupid games, win stupid prizes.  

 

Go and enjoy Japan!  It's an amazing country!  Tokyo's Shibuya crossing was straight out of Lost in Translation. We also explored in Kyoto and I dragged my travel partners to the primary Ippodo Tea house.  We definitely plan to go back and explore further  

[Boiler 47,042]

She was the 'actress' who portrayed herself as a Business Consultant and sought to enter on a TN

 

Refused at the Canadian Border, no problem they just turned her around. Made the mistake of trying it on at the Mexican Border, now npt Mexican so they had to detain her.

 

It was in the thread about the English lady who was waorking in the US on the VWP, sought entry into Canada to do the same think, was refused entry and returned to the US.