FlyerTalk Forums - View Single Post - Problem? US Visa expires Mar1, flight leaves 12:30am Mar2
Old Feb 24, 2010 | 8:56 am
  #32  
Mountain Trader
All eyes on you!
25 Years on Site
 
Join Date: Feb 1999
Location: Denver CO
Posts: 3,686
Originally Posted by lin821


No. You got the main point wrong. OP's girl friend won't have any problem leaving NYC this time. An expired visa can't hold her back from departure. She may even take any flight as her heart desires.

However, if OP's GF overstays her current visa, even by an hour, chances are she won't be able to get a new visa nor allowed to get back into the U.S. for a loooong time. I would think OP prefers to keep seeing this girl and having her visit Uncle Sam in the near future. That's why overstay her visa IS a bad idea. Don't chance it. That's the point.
There seem to still be different ideas on what controls the allowed stay in the US-is it the period stated on the visa (which you seem to support) or is it the date on the I-94 (as others support). If it is the I-94, then staying past the date on the visa but leaving before the date on the I-94 wouldn't create a re-entry problem, because if it did, then the real action date is the earlier of the two. Or so it seems.
Mountain Trader is offline