2 month overstay on tourism visa

[dhe...@my-deja.com]

I know that I've asked this before, but now things are getting hairy
and I need some reassurance.

My fiancee is from Mexico. She stayed over on her tourism visa by 2
months. When she tried to go back into the US, they saw the overstay
on her passport and she was denied access. The INS officer in Houston
gave her the option of a voluntary withdrawal. She took that option.
She was sent back to Mexico.

In an effort to get back to the US, she went to renew her tourist
visa. The officer took one glance at the voluntary withdrawl stamp and
threw the passport back at her and said she was not allowed to get a
visa. That's when we decided to start the k-1 process.

We are nearing the point of the K-1 interview in Ciudad Juarez and we
are worried. Should we worry about the stamp on the passport in the
interview? I'm assuming that the k-1 visa is a little more important
than a tourist visa, so they may not look at the overstay as much of a
problem. Since with the tourism visa it makes it look like she has a
tendancy to stay. With the K-1, she IS staying!

Also, should she consider getting a new passport to "erase" the
voluntary withdrawal stamp? If she does, should she get it before or
after the K-1 interview?

Any help with our problems would be greatly appreciated to restore our
sanity. We are pulling our hair out over here!!

thanks!

dave

Sent via Deja.com http://www.deja.com/
Before you buy.

[paulgani]

An overstay is a valid reason to cancel a tourist visa (in fact,
it's the law!), and also a valid reason to deny a new one.

However, an overstay is not a reason to deny a K-1.
Likewise, a VW stamp is not a reason to deny a K-1.
She will have no problem getting her K-1.

Paul

--
Posted via Talkway - http://www.talkway.com
Exchange ideas on practically anything (tm).

[dhe...@my-deja.com]

Excellent.. Do you think that we should get a new passport? Or should
we just show the old one with the VW stamp?

dave

In article <NM3W3.6909$L5.7...@c01read02-admin.service.talkway.com>,

[MDUdall]

>An overstay is a valid reason to cancel a tourist visa (in fact,
>it's the law!),

Yes, Paul is right about this. Section 222(g) is the section I call the "visa
killer" law. Overstay by any amount of time (1 minute is enough) and your
non-immigrant visa in your passport is now null and void (even if on its face
it says its good for years to come).

Best Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/index.htm

[MaggieB]

Dont bother getting a new passport, unless of course the old one is
almost expired. If you are worried about the visa overstay, (Im
assuming thats why you want her to get a new passport), they will only
transfer all the relevant information from the old passport (they keep
records) to the new passport

In article <80caat$5pb$1...@nnrp1.deja.com>,

dhe...@my-deja.com wrote:
> Excellent.. Do you think that we should get a new passport? Or
should
> we just show the old one with the VW stamp?
>
> dave
>
> In article <NM3W3.6909$L5.7...@c01read02-admin.service.talkway.com>,
> "paulgani" <pa...@smart.net> wrote:

> > An overstay is a valid reason to cancel a tourist visa (in fact,

[dhe...@my-deja.com]

Ahh.. that's a good point. Will they give us a hard time at the border
with that stamp? Will they see see the VW stamp and think she is
trying to get in again? I want as little trouble as possible.

dave

In article <80cpce$hrl$1...@nnrp1.deja.com>,

MaggieB <sweet...@my-deja.com> wrote:
> Dont bother getting a new passport, unless of course the old one is
> almost expired. If you are worried about the visa overstay, (Im
> assuming thats why you want her to get a new passport), they will only
> transfer all the relevant information from the old passport (they keep
> records) to the new passport
>
> In article <80caat$5pb$1...@nnrp1.deja.com>,
> dhe...@my-deja.com wrote:
> > Excellent.. Do you think that we should get a new passport? Or
> should
> > we just show the old one with the VW stamp?
> >
> > dave
> >

> > In article <NM3W3.6909$L5.77415@c01read02-

[MaggieB]

She will have the passport stamped with the K1 approval, and this
over-rides the VW anyway, dont worry, pls calm down. :)
Maggie

In article <80dlfh$5h5$1...@nnrp1.deja.com>,

dhe...@my-deja.com wrote:
> Ahh.. that's a good point. Will they give us a hard time at the
border
> with that stamp? Will they see see the VW stamp and think she is
> trying to get in again? I want as little trouble as possible.
>
> dave
>
> In article <80cpce$hrl$1...@nnrp1.deja.com>,
> MaggieB <sweet...@my-deja.com> wrote:
> > Dont bother getting a new passport, unless of course the old one is
> > almost expired. If you are worried about the visa overstay, (Im
> > assuming thats why you want her to get a new passport), they will
only
> > transfer all the relevant information from the old passport (they
keep
> > records) to the new passport

[MaggieB]

Correction: she will have her passport and the brown envelope with the
K1 approval. Once the K1 is approved, it over-rides her previous VW
when entering the country as a K1 recipient.
Maggie {shaking her head to clear away last nights glass of red wine}
:)

In article <80fdmc$fk8$1...@nnrp1.deja.com>,

[dhe...@my-deja.com]

Thank you very much! We are going crazy thinking about all this
stuff. I can rest easy now. We are going to the interview on December
7th. Wish us luck and pray!

Thanks everyone!

dave

In article <80ff08$giu$1...@nnrp1.deja.com>,

[Ed Haughay]

WHY are you waiting so long for the interview ?????

I am told there is NO waiting period for JUAREZ???

You get your stuff and GO!! all the medical etc. is there?

Has something changed ???

ED

[dhe...@my-deja.com]

I had to get the days off. We're hurrying!! Believe me, I'd be there
yesterday if it were in my power. She just needs to get her photos and
her vaccination sheet and we are go for lauch..

dave

In article <382F11F4...@bellsouth.net>,

[Ed Haughay]

Ahhhh I C ...... Glad to here they did not come up with some new SOP....
I was starting to worry that some pendeho was gonna rain on my little
parade..

Congrats and Super sailing amigo.

Felicidades

MrEd^