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Slight overstay out of status question

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Slight overstay out of status question

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Old Jul 19th 2005, 9:18 am
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Default Slight overstay out of status question

My DH (UK Citizen)'s K3 expires on August 17, we've done everything and are at the last step of waiting for an interview date for his IR-1 (from his approved I-130) at the US Embassy in London. We know that he will need to return for his interview anyway, and we're only hoping it will be maybe in September. We're nervous, however, because I'm pregnant and due the first week in December. I'm having a difficult pregnancy and my DH has been such a gem with helping me, we'd like to keep him here as much as possible before he returns to the UK.

My question is, would it be horrible for him to overstay his visa for two-three weeks before returning to the UK, or should he simply go on the date it expires (Aug 17) and just have us cope with the extra separation? I don't him to do anything that will raise questions at the Embassy, not when we're finally this far, but we'd like to keep this separation as little as possible. Plus, plane tickets to England are much cheaper if he flies later than in August.

Should we risk the two or three weeks of him being out of status or just deal with it?

Thanks, I appreciate all of the advice and information I have found here. Y'all have been wonderful.
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Old Jul 19th 2005, 9:21 am
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Default Re: Slight overstay out of status question

Hi Ash,

All I can tell you is what I would personally do....and that is to not have the overstay on my record at all, especially if it only means a few weeks more separation. Just my opinion

Best Wishes,
Rene
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Old Jul 19th 2005, 9:28 am
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Default Re: Slight overstay out of status question

Originally Posted by Rox4BrainsAsh
My DH (UK Citizen)'s K3 expires on August 17, we've done everything and are at the last step of waiting for an interview date for his IR-1 (from his approved I-130) at the US Embassy in London. We know that he will need to return for his interview anyway, and we're only hoping it will be maybe in September. We're nervous, however, because I'm pregnant and due the first week in December. I'm having a difficult pregnancy and my DH has been such a gem with helping me, we'd like to keep him here as much as possible before he returns to the UK.

My question is, would it be horrible for him to overstay his visa for two-three weeks before returning to the UK, or should he simply go on the date it expires (Aug 17) and just have us cope with the extra separation? I don't him to do anything that will raise questions at the Embassy, not when we're finally this far, but we'd like to keep this separation as little as possible. Plus, plane tickets to England are much cheaper if he flies later than in August.

Should we risk the two or three weeks of him being out of status or just deal with it?

Thanks, I appreciate all of the advice and information I have found here. Y'all have been wonderful.

The only thing I can think of is applying for an extension of the K3, form 539. Please be advised that they are WAY behind on processing those.
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