I overstayed in US for 1 day. We took somebody's advise and informed the embassy about what had happend (it was only one day overstay because of the Blackout in NY on 14August 2003)
EN E-MAIL THAT SENT TO THE EMBASSY:
I'm contacting you in behalf of Agnieszka due to a question we have concerning Form 156 that she must fill out. The question in Form 156 is as follow: "Have you ever violated the terms of a U.S. Visa, or been unlawfully present in, or deported from, the U.S.?" After reading the question, we are not sure if Agnieszka should answer a yes or no due to the following situation that happened to her.
On July 15, 2002 Agnieszka entered the USA with a J-1 Visa and she stayed for 13 months. She had a scheduled flight to leave from New York JFK to Frankfurt on August 14, 2003. Due to an unexpected power blackout in the airport and NY City, her flight was delayed until the next day. Agnieszka left USA on August 15, 2003 in the same flight after the airport restored the power, since it was not operational. Her boarding pass specifies she left on August 14, 2003.
We are not sure what to answer in this specific question from the Form 156, a yes or no? Agnieszka will include documentation with the Form 156 to show and explain you during the interview. She did not deliberately overstay for one day but she was unable to depart due to the circumstances beyond her control. I will appreciate if a consular officer can answer this question for us instead of asking to other sources.
AND THE EMBASSY ANSWERED:
Dear Sir:
From what you wrote it appears that Ms. Agnieszka N. overstayed by one day in the U.S. In such a case, a visa holder cannot use his/her nonimmigrant visa to reenter the U.S. Moreover, if he/she decides to apply for a new nonimmigrant visa it can only be submitted in his/her country of nationality.
Ms. Agnieszka N. will apply for her fiancee visa in Poland. If she is otherwise eligible there should be no problem with her fiancee visa.
WHAT DOES THEIR'S ANSWER MEAN?? I GOT LOST. I'm not going to use my nonemigrant visa , besides I'm applylig for K-1 visa... And I'm in my home country? So what is the problem? I understood that I should say YES, I OVERSTAYED.
AM I RIGHT??
Agnieszka
EN E-MAIL THAT SENT TO THE EMBASSY:
I'm contacting you in behalf of Agnieszka due to a question we have concerning Form 156 that she must fill out. The question in Form 156 is as follow: "Have you ever violated the terms of a U.S. Visa, or been unlawfully present in, or deported from, the U.S.?" After reading the question, we are not sure if Agnieszka should answer a yes or no due to the following situation that happened to her.
On July 15, 2002 Agnieszka entered the USA with a J-1 Visa and she stayed for 13 months. She had a scheduled flight to leave from New York JFK to Frankfurt on August 14, 2003. Due to an unexpected power blackout in the airport and NY City, her flight was delayed until the next day. Agnieszka left USA on August 15, 2003 in the same flight after the airport restored the power, since it was not operational. Her boarding pass specifies she left on August 14, 2003.
We are not sure what to answer in this specific question from the Form 156, a yes or no? Agnieszka will include documentation with the Form 156 to show and explain you during the interview. She did not deliberately overstay for one day but she was unable to depart due to the circumstances beyond her control. I will appreciate if a consular officer can answer this question for us instead of asking to other sources.
AND THE EMBASSY ANSWERED:
Dear Sir:
From what you wrote it appears that Ms. Agnieszka N. overstayed by one day in the U.S. In such a case, a visa holder cannot use his/her nonimmigrant visa to reenter the U.S. Moreover, if he/she decides to apply for a new nonimmigrant visa it can only be submitted in his/her country of nationality.
Ms. Agnieszka N. will apply for her fiancee visa in Poland. If she is otherwise eligible there should be no problem with her fiancee visa.
WHAT DOES THEIR'S ANSWER MEAN?? I GOT LOST. I'm not going to use my nonemigrant visa , besides I'm applylig for K-1 visa... And I'm in my home country? So what is the problem? I understood that I should say YES, I OVERSTAYED.
AM I RIGHT??
Agnieszka
