Interview question

[twostar55 0]

Hello everyone--

My fiance and I recently recieved our NOA2. I am now in the process of gathering info for the 134.

My fiance lived in New York from 1999 to 2003. She overstayed her visit 3 years. She was a student and lived with an American family, and worked part-time. She did not commit any "crimes" during this period.

My question is this... There is a possiblity that the consular officer may ask her if she over-stayed her visit to the U.S. Should we hire a lawyer (ugh!) for this? If we do, should it be on "my side", or on her end?

Should we just not worry about it? Has anyone here been face with the same circumstances?

Thanks for your help !

[kitkat1 5]

Hello everyone--

My fiance and I recently recieved our NOA2. I am now in the process of gathering info for the 134.

My fiance lived in New York from 1999 to 2003. She overstayed her visit 3 years. She was a student and lived with an American family, and worked part-time. She did not commit any "crimes" during this period.

My question is this... There is a possiblity that the consular officer may ask her if she over-stayed her visit to the U.S. Should we hire a lawyer (ugh!) for this? If we do, should it be on "my side", or on her end?

Should we just not worry about it? Has anyone here been face with the same circumstances?

Thanks for your help !

I am NOT a lawyer but here's what I think . . .

If I remember correctly, her overstay would already have been indicated on your original I-129F application (unless you didn't include it). Even if not, she will almost definitely be asked if she has ever been in the US before, what her status was, and if she overstayed -- all under oath. Even if she wasn't asked this, wouldn't her I-94 have been stamped and recorded with a date that was 3 years later?

I don't think you need to hire a lawyer but it might be wise to do a telephone consultation with one who specializes in these situations so you are clear on the what-ifs and are prepared in advance.

Illegal presence in the US of more than 6 months (in her case, 6 months beyond the date of her student visa) means a 3 year ban. More than 6 months means a 10 year ban. Right now, the way to deal with that is for the fiance to submit a 601 wiaver to "forgive" the illegal presence. Oddly enough, the way to get this approved is for the USC to write a detailed letter with evidence to prove Extreme Hardship to the USC if the fiance were not admitted to the US and as a result, the USC had to move to their country. This process usually takes at least an additional 6 months after the denial at the interview. Also, one item in the current immigration reform proposal is to eliminate the need for the 601 waiver for people who are already married and have a pending or approved I-130 for a spousal visa. If it looks like this bill is going to pass with this provision, you might have a way around it if you get married fast and submit the I-130 before the law enactment date, but wait times for I-130 interviews are often much longer than for fiance visas.

I would suggest consulting a lawyer with a lot of experience in illegal presence and reading everything you can on the I-601 waiver on http://www.immigrate2us.net -- details vary consulate to consulate.

Hope this helps rather than scaring you.

[iceyspots 0]

Yes.. They should have asked you already on the I-129F or I-130 if your spouse/fiance has already lived in the country or been here. What did you answer for that question?

Btw please

[twostar55 0]

Hello-

Yes , I did answer the question on the 129--that she has live in the US, but the form simply "drops" the question at that point. There is no more space to explain the situation.

[kitkat1 5]

You're right - there isn't anymore detail on the form. But given that they ask the question on the form, I think you can count on being asked in the interview for more detail under oath.

My suggestion is to look here to read more (in addition to consulting with a lawyer and checking out the immigrate2us.net website): http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Trafficking in Drugs

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

[mrswooten4ever 0]

Yup I was asked at my interview if i'd had any overstays or been in trouble with immigration. I hadnt but the CO did say that it was good as they don't like to have any problems with immigration.

Adele

[Joey559 1]

Umm, I'm probably going to get yelled at for saying this but uh...overstaying her visa was breaking the law. Sorry, commence throwing things at me. I'm just saying - that's how they're going to see it.

Joey

[iceyspots 0]

flings poo @ joey

jk lol