Scout

Pete's in the country on a Tourist Visa right now. We have a Fiance Visa pending. It seems than we added up the days wrong when booking this trip and Pete will actually be here 91 days instead of the allowed 90. British Air will not change the ticket as this point. Is this one day overstay going to cause us a problem when Pete interviews at the London Embassy for his Fiance Visa?

Cheers,

Leslie

Rete

Probably not if it is not discovered when he leaves the US. You have just proved why it is not good to leave the departure to the final day. What if there is a storm and the planes can't depart? Or engine problems and he couldn't be transferred to another plane the same day.

It is great that you want to spend every minute of the allowed time together but bear in mind that you have to make plans for unscheduled emergenices. I know a redunancy.

Rita

cindyabs

Speaking as a travel agent-what do you mean that BA won't change his ticket? There is no such thing as won't. The operative word is will and most likely it means additional cost to you. Is that what you meant, that they won't just do it without a penalty?

Matthew Udall

I'm confused. First you use the term, "Tourist Visa" which is just that, a "visa". But then you say he was allowed here for 90 days, which usually means a Visa Waiver entry. So which was it?

If he actually used a tourist visa and only was given 90 days, then you must take into account 222(g), meaning his tourist visa will be rendered null and void (even if it says it should be valid for years to come) and there would then be restrictions on where he would have to go from then on when trying to obtain additional U.S. tourist visas (but if he's coming here to marry you, odds are he won't be needing tourist visas in the future... but you never know). If he's really here on the Visa Waiver Program, then his overstay means he can't ever use that program to enter the U.S. again. Again, since he's coming here to marry you, odds are that won't be a problem for him, but again, you never know.

You indicate "London" in your posting, but that does not mean that he was not born in a country that will require registration (I don't know anything about Pete's background). Is Pete going to have to go through registration while his AOS is pending? If so (and believe me I'm no expert on registration yet, and I could be flat out wrong about this) we have seen some people who have overstayed, and who even have AOS's pending, being issued notices to appear in front of an immigration judge for minor immigration violations.

M.U.

dany878

Matthew,

an my friend came 2 years ago in US to visit his parents and never left.
He is overstayed his b2 visa for 1 year i think.
He is Austrian citizen/ born in Austria.
He is going to mary his US girlfriend next year.
What problems he can facing beacuse of his overstay?
Is it better for him to back in Austria and then apply for fiance visa?
If he apply in US will he be detained an INS cuz his overstay?

thanx in advance!

dany

Matthew Udall

Dany, if your friend is concerned then he should contact an immigration attorney to have a proper consultation done. I'm not his attorney, I don't give 2nd hand advice (advice to you to give to him, him giving his facts to you to give to me... much too dangerous), and I don't generally give specific advice in this forum and instead try to limit it to general information.

M.U.

Mrtravel

If he leaves the US, he is subject to a 10 year ban since the overstay
exceeded 1 year.
He might successfully Adjust status, but until that has been approved he
has cause for concern.

He should not leave the country without seeing an attorney.
He should not approach INS without seeing an attorney.
He should not go outside without seeing an attorney.
If INS suggest Austrians over the age of 16 should register with them,
he should not do it before consulting an attorney.

Any questions? Consult an attorney.

dany878 wrote:
    >
    > Matthew,
    >
    > an my friend came 2 years ago in US to visit his parents and never left.
    > He is overstayed his b2 visa for 1 year i think.
    > He is Austrian citizen/ born in Austria.
    > He is going to mary his US girlfriend next year.
    > What problems he can facing beacuse of his overstay?
    > Is it better for him to back in Austria and then apply for fiance visa?
    > If he apply in US will he be detained an INS cuz his overstay?
    >
    > thanx in advance!
    >
    > dany
    >
    > --
    > Posted via http://britishexpats.com

dany878

thanx mrtravel and Mr. Udall for advice!

Yes,hes already Consulted an attorney 3 monts ago.
And he will do that again next year.

the reason why we asked you here was that Mr. Udall wrote :

"some people who have overstayed, and who even have AOS's pending, being issued notices to appear in front of an immigration judge for minor immigration violations."

Matthew Udall

NO, That is NOT what I said. You cut out the part that said, "(and believe me I'm no expert on registration yet, and I could be flat out wrong about this) we have seen some people..... ". Please don't cut and past my sentances in such a way that changes what I've said or keeps out part that would indicate that I'm speculating. Thanks.

I have also reported that what is going on concerning registration seems to be different at various INS offices across the country.

Scout

Oops! Sorry Matt. He's here under the Visa Waiver program (I am an idiot about all the lingo and abbreviations,lol). He was born in England and lives in Wales.

Cindy, the ticket was purchased through Expedia as a Bargain Fare. British Air told him he could have changed the ticket when he was still in the UK, but now that he's here, he can't. He would have to purchase a new ticket completely. He did ask if he could change it for a fee and they said no.

Cheers,

Leslie

mrsstrickland

please be very careful, the new entry exit system is in place now, which means they are scanning your passport, although my situation is different i overstayed 120days, but baltimore sent my file to the FBI and has caused my visa all sorts of problems, dont know if i need a waiver or not, they wrote numbers in the back of my passport from what i managed to find out meant i was ineligible to use the visa waiver program, resulting from the new entry exit system 217.4
the only advice i can give you it may be worth to pay that little extra if you can to get a cheap ticket home earlier, better to be safe than sorry, nobody can give you a definite answer, no matter who you ask, because at the end of it all, the embassy has the final decision, and i do believe the entry exit program is now logged on file, this is just my opinion.
good luck and have a very merry christmas

dee