why do you overstay your visa?

[iverigma 0]

tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

[caregiver4ever 0]

tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

I have no idea sorry but get ready to be dogged by some.

[AussieKat 0]

tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

Hi

Just wanted to let you know I overstayed 9yrs before I was adjusted and never got asked why did I overstay. Only problem I had was stuck in namecheck for 2yrs However ever officer and interview is different so they could still ask you. Good luck with the interview

[Cécy 44]

They might not even ask, and if they do, tell the truth. They care more about your marriage being bonafide than anything else. Just explain you couldn't stand being away from each other and didn't want to risk her not being able to come back in.

[masterpiece91 0]

Just keep in mind that if you travel on a tourist visa with the intentions to immigrate to the USA it is considered Visa fraud. I would be careful not to give them too much information. You don't have to lie but don't give them more information than what they ask. Just make sure you let them know that she decided to stay after she was already in the country and not that she came here already with the intention to stay.

[Joanna&Bobby 3]

I have been in a similar situation. But that was during my K-1 interview. The Consular officer has asked me why I have stayed in the US for 3 years if my J-1 visa program ended after a year. I told him that at that time I was dating my then fiance and we were so much in love that I didn't want to leave. We wanted to get married, but then I had some family related issues back home and needed to leave, after that we applied for K-1.

I got the visa (did not need a waiver). He was happy with my answer.

Just blame it all on your love for each other. And do not try to lie to them because they are "alive lie detectors". It's always best to only answer their questions, not going into too much detail (that might bring more uncomfortable questions), and always tell them the TRUTH. In a smart way though. Make sure you don't say anything that might even suggest your wifes intention on coming to the US on a tourist visa with the intention to immigrate (adjust status after you became a citizen).

Good luck, I will keep my fingers crossed for both of you! Sending good vibes!

[Addie_Goodvibes 0]

It is not always likely they will ask "why you overstayed" The most important is that you entered by legal means.

It is best to be honest.

Do not let on that you entered the USA on a non immigrant Visa with intentions to immigrate or marry, that will raise questions.

As Joanna & Bobby mentioned avoid mentioning you entered to get married or to be with your fiance on a non immigrant type visa.

Be honest & direct with your answers but do not give more info than asked or needed.

You look down, they know you're lying and up, they know you don't know the truth. Don't use seven words when four will do. Don't shift your weight, look always at the IO.but don't stare, be specific but not memorable, be funny but don't make him laugh. He's got to like you then forget you the moment you've left the interview. And for God's sake, whatever you do, don't, under any circumstances...

[*JG* 2]

I wish you luck in this.

[changochulo 0]

iverigma,

How did the interview turn out? Im curious to know how it went since my wife and I are in the same situation.