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Fischkoepfin Proficient

Fischkoepfin   1

Posted
Filed: Other Country: Germany
 Timeline
Posted

I posted this yesterday, but it got deleted in the second crash. Here we go again:

I'm about to send my DS-230 but I hesitate because I'm not sure what to do. In 1992, I was stupid enough to overstay on a B2-visa. I did have good reasons at the time to do so. I lived with my aunt and her family and I did not work. I overstayed for approximately 5 months at the time and I left voluntarily. I regret having done so, but I was not aware there could be consequences later in my life. It was a stupid teenage thing to do.

Since then, I have visited the US several times, always on a B2. I have also lived in several location and went to school; I have applied for several student visas and never had any problems receiving them. Finally, last year I applied for a J1-waiver and obtained it. I have never overstayed my visa again, and I've been careful to obey SEVIS-regulations. All this leads me to believe that either USCIS and DOS are not aware of my overstay or they don't care, which would surprise me. Also, I was never asked on any forms I filled out to obtain visas etc if I had ever overstayed, so I have not lied about it either.

Now, my question is should I or should I not mention it on DS-230, part 1, where it asks to specify any stays and their lenghts in the US. I'm very torn because I don't like to lie about anything. Given the fact that the overstay was a long time ago and that even under current law (post 1996) it would not necessarily trigger a ban, I'm thinking of mentioning it on the form. However, I cannot afford to spend any more time in Germany than absolutely necessary. I do have professional obligations in the US that I need to attend to asap. I already looked at DS 230, part 2, and if I omit the overstay in part 1, it would not interfere with any info in part 2, where it specifically asked if you ever overstayed in the last 10/3 years. But I hate to be dishonest.

Any constructive advice is welcome. I just don't want to mess this up.

Permanent Green Card Holder since 2006, considering citizenship application in the future.

Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted

Won't they find out anyway? :unsure: when your application gets processed? I am sure someone will be able to tell you on here whether it will come up....

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

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gimygirl Proficient

gimygirl   0

Posted
Filed: K-1 Visa Timeline
Posted

i will not, nor should should anyone else here (according to the TOS) advocate anything less than honesty.

if you choose not to go the honest route ... be prepared to deal with the consequences should they occur, no matter how improbable that seems at the moment.

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Faith: not wanting to know what is true.~Nietzsche~

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”

~Winston Churchill~

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Anja_and_Henry Enthusiast

Anja_and_Henry   0

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
Posted

Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

Fischkoepfin Proficient

Fischkoepfin   1

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted
i will not, nor should should anyone else here (according to the TOS) advocate anything less than honesty.

if you choose not to go the honest route ... be prepared to deal with the consequences should they occur, no matter how improbable that seems at the moment.

I'm not asking anyone to tell me to be dishonest, but I'm interested in finding out what people in general think about this issue and how they would respond in a similar situatioon. I have mulled this over for a while, and as I said I'm extremely torn on it. Right now and for the last six months, I have tended towards honesty. But the closer the sending off of forms gets, the more I'm doubting if this would be the smartest decision.

I'm not too sure as what the consequences would be either way, so if anyone has any details please let me know as welll.

Permanent Green Card Holder since 2006, considering citizenship application in the future.

Fischkoepfin Proficient

Fischkoepfin   1

Posted
Filed: Other Country: Germany
 Timeline
  • Author
Posted
Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

Where did you hear about the age-out? I heard there was some sort of amnesty at one point too. But I also heard that if you have received other visas there is not guarantee that they're not aware of overstays anyway.

This is a complicated and sensitive issue, and unlike with other things immigration there doesn't seem to be too much info on the net.

Permanent Green Card Holder since 2006, considering citizenship application in the future.

babybunny Mentor

babybunny   2

Posted
Filed: Timeline
Posted
Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

your issue what to do ...what to do.... how hard is it to be honest? its not JUST you involved. you have THE LOVE OF YOUR LIFE! in this mix too . so why drag her down over DISHONESTY. be honest take it as it comes. dishonesty will lead you to bigger problems -right. maybe your problem is not big deal as it may seem because of when this happend and that.

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cmltdg Explorer

cmltdg   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Actually, I think you should tell them about your overstay. The only way it could really hurt you is if you're not up front about it. As it was well over ten years ago, any ban that was triggered once you left the US, even a ten-year ban, has been spent. I believe that's the way it works, but you should definitely check with an attorney familiar with immigration law to be sure.

MaryandMian Mentor

MaryandMian   1

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

I agree to be honest and since it was so long ago it should not be a problem.

Everything I respond to is from personal knowledge, research or experience and I am in no means a lawyer or do I claim to be one. Everyone should read, research and be responsible for your own journey.

Peggy Experienced

Peggy   1

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

I agree with everyone , just put it down and be honest

PEGGY & ROGER

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K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

apeach601 Contributor

apeach601   0

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted
be honest! Immigration has a better memory than you do! :thumbs:

I agree it happen over 10 years ago. they can find out.

Our Timeline

01/03/2006 Sent Via express mail.

01/05/2006 Received and signend by P. Novak.

01/11/2006 Still waiting.... I check everyday.

01/12/2006 Check Cashed.....

01/13/2006 Noa received on 01/13/06 Friday the 13th Ooooohhhhh.

01/27/2006 Touched.

02/10/2006 Aproved NOA 2

02/13/2006 Noa 2 emailed ..... So happy

02/15/2006 Called NVC Received new case #

02/16/2006 Received NOA 2 Snail mail.

02/17/2006 Sent to the consulate

05/10/2006 Still waiting for interview sucks

05/19/2006 Going to see my honey !!!

lostinlove228 Community Regular

lostinlove228   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Lebanon
 Timeline
Posted

If you lie and they find out, you can be banned for life. For an overstay of 5 months there a ban for 3 years starting in 1997. this happened before that time and you have been out for more then 3 years.

August 16, 2005 NOA1

October 7, 2005 Waiting and waiting and waiting

October 11, 2005 NOA2 yeeeaaah we are approved

October 13, 2005 Petition left for NVC, where on our way now

October 14, 2005 Touched Again. I don't get it

October 17, Recieved NOA2 Via Snail mail

October 24, RecievedNVC case #

October 27, Petition Shipped to Embassy

October 31, Embassy received petition

November 1, Embassy called to set up fingerprint appointment

November 4, Fingerprint appointment

November 23, Fingerprint check results came in - Thumbs up

November 30, Fiance picks up packet 3

December 1, Medical exam

December 5, Call embassy to set up interview date

December 5, Pick up medical results

December 28, embassy tells us they screwed up

January 23, Interview date

january 23, Need a waiver 601 and 212

January 31, Turned in Waivers

February 27, Waiver sent to Athens, (Took long enough)

 
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