Overstay in the U.S.

[SirLancelot 1]

Old topic, but I'm going to bring it back for discussion.

Obviously we now know that she came through alright.

What's the concensus? Did he tell her SO to lie to get around her overstay? Or did he file for a waiver?

I defended the OP on the pre-nup, but I'm not going to defend him on advocating lying to a VO.

Hello, everyone --

I wrote about this topic yesterday, and I was thankful for the replies I received. Today, I have a little better picture of what is going on, so I would like to get your opinions again.

My fiancee and I now have our NOA2. Now I am preparing the I-134.

She lived and worked in New York City from 1997 to July, 2001. She overstayed her visa by about three years. She was law-abiding.When she left for her home country in mid-summer of 2001, she wasn't even asked for her I-94 departure form--they simply stamped her visa and she was on her way. (Remember--- this was pre- 9/11).

Now, when she gets to her interview and speaks with the CO, and she/he asks her if she ever over-stayed her visa, she has two options as I see it:

1. She could tell the truth, this to me would be the "kiss of death"-the K-1 would probably go right down the tubes.

2. She could tell them no--how would they know? It has been almost five years since she left the U.S. (since her departure segment of the I-94 was not processed, how would they know when she actually left?)

I am not advocating lying during this process, but geez, after all the work and hope---just to have everything shot down because of a technicality. Her "admission" of an "overstay" would hurt us much more than help them(government).

Any comments or suggestions?

Thanks