Got report for 14 days overstay what to do

[nikii 0]

I got a report for 14 days overstay my b1b2 visa, now I am applying for CR1,the one who reported me was from US goverment fraud dept.

How bad it is? will they denail my visa and ask me apply for waiver?

please help

[Ryan H 3,810]

Since your overstay was less than 180 days, you have not incurred a ban and will not need a waiver. With that being said, you may be questioned about it at the CR-1 interview so be prepared to answer any questions a CO may have about it.

[nikii 0]

Thanks Ryan

so that means the report on my profile from fraud dept. doesnt matter? wont effect my visa? is that right?

Edited February 14, 2012 by nikii

[Ryan H 3,810]

so that means the report on my profile from fraud dept. doesnt matter? wont effect my visa? is that right?

While you have not incurred a ban because of the overstay, you have still been flagged and that could create other issues. I don't want to give you a false sense of security; therefore, the best suggestion I can give you at this point is to have a consultation with an attorney well versed in issues like this. Since you are the beneficiary, your USC petitioner may want to have the same consultation.

[nikii 0]

While you have not incurred a ban because of the overstay, you have still been flagged and that could create other issues. I don't want to give you a false sense of security; therefore, the best suggestion I can give you at this point is to have a consultation with an attorney well versed in issues like this. Since you are the beneficiary, your USC petitioner may want to have the same consultation.

Thank you.

Anyone else can help me?

[pushbrk 12,569]

Thank you.

Anyone else can help me?

Sounds like you're looking for somebody to tell you what you WANT to hear. Somebody might, but they would be speculating. The Consular Officer is going to consider the totality of circumstances surrounding your case. None of us here, know all those circumstances. In and of itself, a 14 day overstay is not a reason to deny a visa but if the CO thinks you being in the USA is more important to you than your marriage is, then you have a problem. Overstaying is not good and IS an indicator of potential fraudulent intent. Whether you have sufficient positive evidence to overcome that potential concern will depend again on the "totality of circumstances". You are just not going to know the result until the interview has concluded.

[CarrieC 7]

Since your overstay was less than 180 days, you have not incurred a ban and will not need a waiver. With that being said, you may be questioned about it at the CR-1 interview so be prepared to answer any questions a CO may have about it.

What type of waiver is this? Where do you get it &/or submit it? Thanks

[Voided01 7]

What type of waiver is this? Where do you get it &/or submit it? Thanks

From my understanding (From what I've read) the waiver is form I-601 you can download it online it has a $565 fee and you are told at the interview whether you are eligible or not from there they review it, with the I-601 you have to show evidence of extreme hardship on the US spouse if the applicant isn't able to go to the US. from there they either aprove it or deny it after it been reviewed.

[nikii 0]

What type of waiver is this? Where do you get it &/or submit it? Thanks

I can answer your question, since I was looking for this answer before.

overstay more than 180 days need to apply for I-601 Which called hardship waiver, usually when you go to the interview and you get denail CO will ask you to apply for this waiver.

thats all I know