Particularly complicated case ?

[Soph 3]

Hi,

We are doing the application by ourself ( about to send the I-129f). Beside one or two questions that we havn't find the answer yet, it's pretty easy to do : We just need to be extra careful and double check everything...

However, I read that sentence many time in VJ "Unless your case is particularly complicated, a lawyer is not necessary".

I overstayed my WVP for 150 days last year : Does it make my case complicated ? My first guess is "I don't think so". But I would like to have your opinion on that and keep my money for the wedding !

Thank you in advance for your answer !

PS: It's true that I am a little bit confused about rather or not I should put an US adress when I overstayed on my WVP in the 325 A. But for the rest It is easy to figure it out.

[HeatDeath 430]

My understanding, and you may want to do some more research (search around here, maybe consult with a lawyer) is that previous overstays are not necessarily a showstopper, but failure to report them is. If you don't mention the overstay on your forms, and they discover it, you'll get done for material misrepresentation (lying or omitting important info on a form), and that will buy you a denial, and anything from a few year to lifetime ban on immigrating to the US.

[Soph 3]

If you don't mention the overstay on your forms, and they discover it, you'll get done for material misrepresentation (lying or omitting important info on a form),

Thank you for replying so fast !

I will make sure I am not hiding anything and I will put the adress where I stayed when I overstayed.

Still about that G 325a :Regarding the last five years employment, I know there is not really good or bad answer for that on: But is it a "down thing" for our application if I worked months here and there in my country...There is nothing I can do about that question but I am curious to know why they want to know that and if it's going to "hurt" the process because I am unemployed at the moment (job seeking).

Sorry if I ask questions about details ! I am trying to reassure myself that this is going to be fine ! It's hard to be away from him and I would be devasted if we are getting turn down.

PS: I did look on the VJ but couldn't find a similar question...

[Gary and Alla 3,694]

Hi,

We are doing the application by ourself ( about to send the I-129f). Beside one or two questions that we havn't find the answer yet, it's pretty easy to do : We just need to be extra careful and double check everything...

However, I read that sentence many time in VJ "Unless your case is particularly complicated, a lawyer is not necessary".

I overstayed my WVP for 150 days last year : Does it make my case complicated ? My first guess is "I don't think so". But I would like to have your opinion on that and keep my money for the wedding !

Thank you in advance for your answer !

PS: It's true that I am a little bit confused about rather or not I should put an US adress when I overstayed on my WVP in the 325 A. But for the rest It is easy to figure it out.

I think 180 days is the HARD line that starts collecting ban time. At any rate, this is not something a lawyer can change.

[HeatDeath 430]

Is it a "down thing" for our application if I worked months here and there in my country...There is nothing I can do about that question but I am curious to know why they want to know that and if it's going to "hurt" the process because I am unemployed at the moment (job seeking).

My understanding is that they aren't anywhere near as concerned about your career and finances as they are about your sponsor's. If your sponsor is unemployed, they will want your joint/co-sponsor to be rock solid. But you, they don't worry about too much.

[SunDrop 59]

Thank you for replying so fast !

I will make sure I am not hiding anything and I will put the adress where I stayed when I overstayed.

Still about that G 325a :Regarding the last five years employment, I know there is not really good or bad answer for that on: But is it a "down thing" for our application if I worked months here and there in my country...There is nothing I can do about that question but I am curious to know why they want to know that and if it's going to "hurt" the process because I am unemployed at the moment (job seeking).

Sorry if I ask questions about details ! I am trying to reassure myself that this is going to be fine ! It's hard to be away from him and I would be devasted if we are getting turn down.

PS: I did look on the VJ but couldn't find a similar question...

Wait a second though. When you were on your VWP, you were NOT resident in the US. You were on a tourist visa. Yes, you overstayed it, but I wouldn't go stating you were resident there.

Also, did you work while you overstayed? This isn't clear in your post but is potentially a bigger issue.

I believe, but please someone correct if I'm wrong, but the place that you would tell them about your overstay is in the documents you have to complete for the Embassy. Wait to get more experienced confirmation of this before filing...

Edited February 11, 2010 by SunDrop

[HeatDeath 430]

Wait a second though. When you were on your VWP, you were NOT resident in the US. You were on a tourist visa. Yes, you overstayed it, but I wouldn't go stating you were resident there.

Also, did you work while you overstayed? This isn't clear in your post but is potentially a bigger issue.

I believe, but please someone correct if I'm wrong, but the place that you would tell them about your overstay is in the documents you have to complete for the Embassy. Wait to get more experienced confirmation of this before filing...

That's a very good point. I wouldn't list the overstay address as a former residence. I would, however, be very diligent to include the overstay and it's full duration in all lists of previous trips to the US.

[Soph 3]

Hi

Thanks for helping me clarifiying this G325a

I entered the US with a WVP on the january 20th 09

my visa expired : april 19th 09

I came home on the september 9th 09

= about 150 days of overstayed or 5 months.

I didn't work while I overstayed.

This is my struggle with the G325a : Applicant's residence last five years :

Choice A :

X rue XXX France : September 09 - Present

X ave XXX USA : January 09 - september 09 Adress where I mostly stayed in Ca but I wasn't technicaly a US resident so ?

X rue XXX France : March 08 - January 09

X bld XXX USA : March 07 - March 08 I was an aupair on a J1 in Ca

X bld XXX USA : August 06 - March 07 I was an aupair on a J1 in Mo

Choice B :

X rue XXX France : March 08 - Present

X bld XXX USA : March 07 - March 08 I was an aupair on a J1 in Ca

X bld XXX USA : August 06 - March 07 I was an aupair on a J1 in Mo

X rue XXX France : July 85 - August 06

None

With the choice be I was thinking I could add a letter on the side with the date of my prior overstayed and excuses to the government ?

I tryed to give all the info and organized it. I hope this will help.

Thank you again for your help, I truly appreciate it.

[canadian_wife 1,808]

Honestly, USCIS won't care about your overstay or your excuses. If it becomes an issue it will become one at the embassy (and they won't care about your excuses on paper either, they'll ask you about them) so to me, the paper explaining it is useless

Do not list that you 'lived' in the US during your overstay. You were still a French resident, put your French address for the time you were visiting the US.

Good luck.

[sachinky 464]

Don't lie on the form. You're required to list the number of times you visit the U.S. and the duration of your stay. Mention it there.

[Soph 3]

Don't lie on the form. You're required to list the number of times you visit the U.S. and the duration of your stay. Mention it there.

Hi

Thank you ! I will follow your advice and put my french adress. I feel so much better now that I know what to write and I suppose the form where I am going to mention the number of times I visited the US will come later with the interview ...!

[HeatDeath 430]

Hi

Thank you ! I will follow your advice and put my french adress. I feel so much better now that I know what to write and I suppose the form where I am going to mention the number of times I visited the US will come later with the interview ...!

Yep. Depending on the your local embassy's precise procedures, there will be at least 2 forms to fill out when you apply for the visa itself, both of which will want a complete list of all trips to the US, with durations, and a listing of any and all visas you've ever been issued. For me they were the DS-230 Part 1, and the DS-156. Those both wanted lists of trips to the US (slightly different formats but they both wanted durations). You may do a DS-160 instead of a DS-156, but I'm virtually certain it will want a list of trips to the US as well.

[Soph 3]

Yep. Depending on the your local embassy's precise procedures, there will be at least 2 forms to fill out when you apply for the visa itself, both of which will want a complete list of all trips to the US, with durations, and a listing of any and all visas you've ever been issued. For me they were the DS-230 Part 1, and the DS-156. Those both wanted lists of trips to the US (slightly different formats but they both wanted durations). You may do a DS-160 instead of a DS-156, but I'm virtually certain it will want a list of trips to the US as well.

Anything they want I will give it to them ! Now I just need to be patient.

Thank you for this website, I learned a lot, you guys are great !