Visa Overstay in Europe

[wendaaaal]

 I met a girl last summer in Sevastopol. Now's she working in Rotterdam on a 3 month work visa, which expires in December. She's considering overstaying her visa illegally, as there's not much work in Sevastopol for her in mid-winter. She says it's no problem to stay for awhile "Russian people can arrange everything"
 I just visited her in Rotterdam 2 weeks ago. I plan to see her again in early December. If things continue to go well, I can see a K1 in our future.
 How would an overstay affect a K1? I know she'd have to go back to Ukraine for interviews, etc. Could I file while she's still in the Netherlands illegally? Does it matter to US Immigrations that she had an overstay like this in Europe? Any other pitfalls I may be missing? I appreciate any insight anyone has to a situation like this. Cheers, Wendell in Austin

[Shadow]

First of all she should plan very well if and how she wants to return to Ukraine. There is no problem in overstaying, as passport controls are very rare in Holland unless there is a problem with criminal activity. However at some time when she wants to start the K-1 interview, she will have to be in Ukraine.

One method is asking for an extension, if this is truely a work visa she might discuss with her employer to get a legal extension up to 6 months or longer. Another possibility is returning by car and 'missing' the border control in Poland.:brightidea:

However her overstaying illegally will be noted as I believe you need a full copy of the passport to apply for K-1. Also because of terrorism control, overstaying on visa will be standard information exchange between USA and Schengen. It might not influence the K-1 in terms of immediate rejection, but if combined with other things rejection could be close.

Did you discuss the future with her ? I doubt she would jeopardize her future in the USA for a few months in Rotterdam, if she is sensible about this.  Remember that the K-1 is intended as a serious obligation for marriage.

[Leslie]

Hi Wendell,

Sure she can stay overstay her work visa in Holland.  Nothing bad will happen.  When she finally leaves the passport officials will put a small stamp on the visa in her passport.  Problem comes when she applies for another visa of ANY type in the EU.  That little stamp in her passport makes her an "undesirable alien"  and an automatic visa turn down. 

The USA follows its own guidelines but breaking the terms of a visa is NOT a good reccomendation!

There are two ways of solving this problem.  The first is legal.  If she is working and her employer is happy with her work she can apply to extend her work visa with her employers help. 

The second is illegal.  She overstays her visa then returns to Ukraine.  Once she is home she burns her international passport and then applies for a replacement saying she has lost her passport.  This option certainly worked in the past but may not with the new machine readable passports as her overstay could have been recorded on the computer system......

 

[Bruno]

The second is illegal.  She overstays her visa then returns to Ukraine.  Once she is home she burns her international passport and then applies for a replacement saying she has lost her passport.  This option certainly worked in the past but may not with the new machine readable passports as her overstay could have been recorded on the computer system...... 

This will not be a big problem... IF when she have the American visa, she use a flight directly from Ukraine to USA...

If she need to transit via Europa, they can send her back to Ukraine, same with a American visa... don't forget that she is register comming in Europe but not register going outside ( if use the method of the bus via Poland )... or register like illegal if she have overstay...

Maybe it is possible for her to prolong her work visa... or obtain a tourist visa ( valid 3 month, can be prolong 6 month )... if you have friend somewhere in Europa, they can fill a invitation for her... a shengen visa is valid in all Europa... so, if you have a friend in Spain, he can make the invitation, she ask the visa at the Spain Ambassy and stay in Holland... of course, if she will prolong the 3 month of tourist visa, she need to go in Spain... One long night with express bus like Euroline...

A lot of legal solution are possible... why take the risk of the illegal one...

 

[Ste]

Is there such a thing as a three month work visa? Seems a bit short and I would be suspicious she may be in fact working illegally on a Tourist visa.

The Dutch probably don't care tho!

Ste

[andrewfi]

I think Steve is right. A work permit is usually limited by the length of time of a contract and often is actually a residene permit, on the basis that one needs to be resident in order to work.

If a person overstays their visa they will probably get the passport marked on exit, this will make getting a future visa in Europe much harder. As to getting a visa to the US, well, a part of the evidence that is documented is the behaviour of the applicant on previous visits, the evidence is taken from the passport. If the entry and exit dates do not match the visa, even if the Dutch did not bother to mark the passport, will be considered in a negative way by visa personnel. If she bahaves herself, her passport wil be a strong ally when it comes to getting future visas elsewhere, if she misbehaves, she can possibly arrange a new passport, but it will not contain the evidene that could have supported her if she had done the right things right!

Another important point is this: How interested are you in a woman, for whom you will have to take responsibility, who is entirely happy to overstay her visa, for her own ends?

 

[wendaaaal]

Guys,
 Thanks for all the good insights. I will encourage her to "stay legal" by getting an extension or going back to Ukraine for awhile. This is her second work visa to Europe, and she had no trouble getting either (she'd had tourist visas previously). As long as she stays legal, she shouldn't have trouble getting another one. Thanks again for the help, Wendell

[Bruno]

Is there such a thing as a three month work visa? Seems a bit short and I would be suspicious she may be in fact working illegally on a Tourist visa.

Short work visa are possible...

The young people who have camp in September in Wachtebeke was with a work visa for only a month... It was a nature werk camp... each morning, 4 hours work in our forest, the rest free... food, trip pay by the organisation...

This is only one example, but in France, severel people use short time work visa during the harvest of grape... of for the harvet of fruit...

In the green sector, we use a lot of foreign people during the periode of big work... they are good pay but the work is very hard... 10-12 hours by day... they use a special form called "gather card" who allow maximum one month stay... can be used 3 time year ( maximum 3 month total in one year ).

For other sector, the work visa follow the legal time of contract... who is minimum one year here in Belgium...

Since she have already receive tourist visa, receive a other one will not be a problem... valid 3 month... can be prolong to 6 month... maximum of 6 month by year...