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Will overstay affect K3 process?

Will overstay affect K3 process?

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Old Aug 18th 2005, 10:11 am
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Default Will overstay affect K3 process?

I have never overstayed in the USA before, but this time I feel its the right thing to do, if I stay under 180 days I should avoid any ban I believe, and by the time I get back to UK the K3 should of had about 3 months to process, nov 30th is when I plan on going back. Then I hope to have visa by the end of march or sooner, with any luck.

I'd just like any opinions on how a minor overstay would affect my visa application?

Also I'm in California, I heard there was a backlog of petitions, I'm figuring on a 7 month timeline from I-130 to K3, is this realistic?

regards
P.B
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Old Aug 18th 2005, 12:55 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
... but this time I feel its the right thing to do
So, you're okay with breaking the law?


... if I stay under 180 days I should avoid any ban I believe...
Be happy in your beliefs!


I'd just like any opinions on how a minor overstay would affect my visa application?
An overstay is an overstay is an overstay. You'll be hard pressed to get good information here since what you plan to do is clearly illegal. That said, I personally think that anyone who overstays their welcome should face a lifelong ban from the US... but, lucky for you, I guess... the US government doesn't necessarily think the same way.

Ian
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Old Aug 18th 2005, 2:58 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by ian-mstm
So, you're okay with breaking the law?



Be happy in your beliefs!



An overstay is an overstay is an overstay. You'll be hard pressed to get good information here since what you plan to do is clearly illegal. That said, I personally think that anyone who overstays their welcome should face a lifelong ban from the US... but, lucky for you, I guess... the US government doesn't necessarily think the same way.

Ian
Ian:

He doesn't understand the law, doesn't like the law, doesn't care to follow it even when there is a way to accomplish what he wants.

This guy NEEDS an immigration lawyer. I'm in California but there are two reasons I would not take his case -- one, I don't take cases off this list and two, I forsee "client control" problems for whatever lawyer he would hire.
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Old Aug 18th 2005, 2:59 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
I have never overstayed in the USA before, but this time I feel its the right thing to do, if I stay under 180 days I should avoid any ban I believe, and by the time I get back to UK the K3 should of had about 3 months to process, nov 30th is when I plan on going back. Then I hope to have visa by the end of march or sooner, with any luck.

I'd just like any opinions on how a minor overstay would affect my visa application?

Also I'm in California, I heard there was a backlog of petitions, I'm figuring on a 7 month timeline from I-130 to K3, is this realistic?

regards
P.B
If you feel its the right thing to do, then just go for it.. The hell with the consequences! (im assuming that everytime you post here, its just to get a rise from the masses and that you have no real desire to actually be helped)
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Old Aug 18th 2005, 3:40 pm
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Default Re: Will overstay affect K3 process?

I won't venture to guess whether you'll have problems with the overstay.

But there is information about timelines and processing times on
visajourney.com:

http://www.visajourney.com/timeline/
http://www.visajourney.com/forums/index.php?pg=times

Also check the Visa FAQ on visajourney for a lot of good info about the
process.

- Eric S.


"Peter Andre" <member41533@british_expats.com> wrote in message
news:[email protected] m...
    > I have never overstayed in the USA before, but this time I feel its the
    > right thing to do, if I stay under 180 days I should avoid any ban I
    > believe, and by the time I get back to UK the K3 should of had about 3
    > months to process, nov 30th is when I plan on going back. Then I hope to
    > have visa by the end of march or sooner, with any luck.
    > I'd just like any opinions on how a minor overstay would affect my visa
    > application?
    > Also I'm in California, I heard there was a backlog of petitions, I'm
    > figuring on a 7 month timeline from I-130 to K3, is this realistic?
    > regards
    > P.B
    > --
    > Posted via http://britishexpats.com
 
Old Aug 18th 2005, 4:01 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by Folinskyinla
and two, I forsee "client control" problems for whatever lawyer he would hire.
I take great pleasure in using the non-legalese version
Mr Andre ..your an idiot and a know nothing ..listen to nothing.. prat
And I think I'm being quite nice there ...
The dog beat me up the stairs again ........
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Old Aug 18th 2005, 4:19 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
I'd just like any opinions on how a minor overstay would affect my visa application?

Also I'm in California, I heard there was a backlog of petitions, I'm figuring on a 7 month timeline from I-130 to K3, is this realistic?

regards
P.B
My opinion is that it could have an affect on your visa, yes...it's always a possibility that you should be prepared for.

Also, not sure what you mean by "from I-130 to K3". One has nothing to do with the other, except for one small initial step. The I-130 results in a CR-1 visa. It's the subsequent filing of the I-129F that results in the K-3 visa.

Rene
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Old Aug 18th 2005, 4:25 pm
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Default Re: Will overstay affect K3 process?

Rene,

It's a reasonable question nevertheless. The I-130 is the starting point for a K3 visa as well as for an immigrant visa - there's no way to get a K3 visa without first of all having an I-130 filed.

Regards, JEff

Originally Posted by Noorah101
..

Also, not sure what you mean by "from I-130 to K3". One has nothing to do with the other, except for one small initial step. The I-130 results in a CR-1 visa. It's the subsequent filing of the I-129F that results in the K-3 visa.

Rene
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Old Aug 18th 2005, 4:28 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by jeffreyhy
Rene,

It's a reasonable question nevertheless. The I-130 is the starting point for a K3 visa as well as for an immigrant visa - there's no way to get a K3 visa without first of all having an I-130 filed.

Regards, JEff
True enough JEff.

To the OP, I'd say 7 months is a good estimated timeline, as long as you have no issues that hold you back for any reason such as overstays, criminal history, or health issues.

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Old Aug 18th 2005, 8:22 pm
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Default Re: Will overstay affect K3 process?

This was just a simple question, personally I don't think a minor overstay would affect anything, and a little overstay is not like a heinous crime.

regards
P.B
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Old Aug 18th 2005, 9:04 pm
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
This was just a simple question, personally I don't think a minor overstay would affect anything, and a little overstay is not like a heinous crime.

regards
P.B
OK, if you say so.
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Old Aug 18th 2005, 9:17 pm
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Default Re: Will overstay affect K3 process?

PB,

What you (and I) personally think doesn't carry much weight in the world of immigration. What the US Congress wrote and the President signed into immigration law, and how the USCIS and DoS officials who will handle your case apply that law, carries far more weight.

It doesn't require a heinous crime to cause immigration problems.

You appear to have what some might call a bad attitude. It might not cause you any problems on this particular issue, but sooner or later it will.

Regards, JEff

Originally Posted by Peter Andre
This was just a simple question, personally I don't think a minor overstay would affect anything, and a little overstay is not like a heinous crime.

regards
P.B
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Old Aug 19th 2005, 12:15 am
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Default Re: Will overstay affect K3 process?

Originally Posted by jeffreyhy
You appear to have what some might call a bad attitude. It might not cause you any problems on this particular issue, but sooner or later it will.
I especially like it when he says, "I have never overstayed in the USA before, but this time I feel its the right thing to do", as though his previous actions will outweigh his overstay! It's a bit like the bank robber who gets caught and, in his defense, he indicates that he had never robbed the bank before but this time it felt like the right thing to do - and the guy's lawyer tries to convince the judge that this one tiny infraction should be forgiven because of all the other times he didn't rob the bank!

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Old Aug 19th 2005, 12:16 am
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
... I don't think a minor overstay would affect anything, and a little overstay is not like a heinous crime.
Which part of *illegal* didn't you understand?

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Old Aug 19th 2005, 1:52 am
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Default Re: Will overstay affect K3 process?

Originally Posted by Peter Andre
This was just a simple question, personally I don't think a minor overstay would affect anything, and a little overstay is not like a heinous crime.

regards
P.B
A "simple question" in form, but very NON-simple in substantive contents.

ROFL.
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