Overstayed B1/B2 Visa

[crazydragon]

Hi everyone. I need your opinions/suggestions on my situation. I am a holder of a B1/B2 US Visa. I entered the U.S. on 20 May 2004 and they stamped my passport without putting a date on the validity of my stay. So I presumed its 6 months. Due to some problems with my family I extended my stay without filing any extension with the Immigration Service. I left the U.S. on 18 May 2005. So its less than the 180 days overstay. I just got married and we're planning to have our honeymoon in the U.S. this August 2008. My question is would I risk of being denied entry to the U.S. or deported if we have our honeymoon there? I guess I am over the 3 year ban for my previous overstay. I just don't want our honeymoon ruined. Appreciate your help guys. Thanks.

[Auntlily]

I'm bumping this question up because it is very interesting. Come on ladies let's help this gentleman.

Now, to my understanding...you will probably get turned away at the bridge/entry if they see that you are married to a USC.

A similar thing happened to my husband. He was brought over on a B1/B2 visa when he was 15 and up to the age of 18 he was fine. At the age of 21, his visa was taken away and he was denied entry b/c the inspecting officer at the bridge knew that my husband had a pending I-130 and therefore his tourist visa was no longer acceptable. Anyhow, I hope this helps. You might want to reconsider where you have your honeymoon. You don't want to risk going into the US with your tourist visa and then just be turned away.

I hope this helps. If not, someone else here will chime in.

Welcome to our family ! :wave:

[crazydragon]

Thanks for your reply auntlily. To clarify things, I'm not married to a USC. I'm married to a Filipino who also holds a B1/B2 visa. Both of us will just be visiting for our honeymoon and that's it and then go back home. Hope this changes your answer/suggestion. Many thanks.

[Klame1983]

crazydragon - i'm not sure i have a good answer for your question but I wish you the best of luck and keep us updated on how everything goes. :)

[Auntlily]

Crazydragon, you might want to get a travel document called the I-94 before you travel to the states. You can ask for this at any point of entry and just explain what you will be doing and that you are just going for a honeymoon. You can take work letters that prove that you plan on returning to your home country. This might help!

Good luck and congrats on your new marriage!

[discoviking]

As far as I know, an entry on a B1/B2 is good for 90 days, not 6 months. So you would have overstayed by more than 180 days, but less than a year by the time you left in 2005 - triggering a 3 year ban. However, since the 3 years have passed since you left, you have served out the time of the ban in a couple of weeks.

I would imagine that the previous overstay will raise some red flags if you try to re-enter. Your B1/B2 may also have been revoked because of the overstay. I would at a minimum verify that your B1/B2 is still valid before you try to re-enter, or consider having your honeymoon somewhere else.

[crazydragon]

Thank you auntlily. Anyways, I'll check on all your suggestions. I'll let you know how my situation works out after I contact the local US Embassy. Thanks again!

[aleful]

disco,
the max that you can stay is 6 months, the date is on the i94 not on the passport, so you should know how long did they give you by the date on the i94. both times that i entered on a tourist visa were for 6 months.