I-94. How do they know?

[ThinkDifferent 1]

there are plenty of cases, when people were leaving the US with overstayed visa without their I-94 being submitted (for whatever reason) and then succesfully got a new one to come back.

Q: When applying for a new visa how do consulate people know if that visa was overstayed? Assuming of course there were no stamps in passport when leaving, no fingerprints taken etc.

Edited October 4, 2010 by ThinkDifferent

[JoannaV 174]

there are plenty of cases, when people were leaving the US with overstayed visa without their I-94 being submitted (for whatever reason) and then succesfully got a new one to come back.

Q: When applying for a new visa how do consulate people know if that visa was overstayed? Assuming of course there were no stamps in passport when leaving, no fingerprints taken etc.

The Department of Homeland Security keeps track of all entries/exits and a late or non-turned in I-94 is noted. This list of overstays is then passed on to consular officers.

The system, although improving, is not fool-proof. Some I-94s are not noted despite being turned in. Some entries and exits are not matched up with each other. Therefore the overstay list is not complete or entirely accurate. Some people who overstay may avoid being noted, whereas others who left on time may be misidentified as overstayers. Therefore this data is not considered infallible by consulates.

Overstaying a tourist visa by a short period does not mean you will be unable to obtain a new visa. It does however make it harder, and the burden of proof greater.

[Boiler 46,082]

They also know because you have to tell them.

[ThinkDifferent 1]

They also know because you have to tell them.

ok. in that case i won't tell them.

[JoannaV 174]

ok. in that case i won't tell them.

If you don't tell them but they already know that is a bigger problem than you telling them. How long did you overstay for?

[Bobby+Umit 161]

ok. in that case i won't tell them.

Ah - misrepresentation - could end your journey really quick and cause a lifetime ban...

This is one of the big things they do not compromise on.

Proceed at your own risk.

[VanessaTony 3,567]

If you don't tell them but they already know that is a bigger problem than you telling them. How long did you overstay for?

Agreed. if you don't tell them and they already know you're in for a world of pain... lifetime ban for misrepresentation.

[milimelo 4,553]

They will know.

One time I had I-94 in my passport because when I checked in for my flight they didn't take it - came back to my home country and figured the mistake. Called embassy and was told to either send it in to Kentucky or the next time I get a visa to tell them which I did. Had my boarding passes as proof I returned on time as well as pay stubs, school info of class attendance.

Had no problem getting another visa - at POE, gave them the new I-94 form and asked if they can take care of the old I-94 (still attached in passport).

I never overstayed so I don't know what sort of problems one who overstayed could face.

[Boiler 46,082]

ok. in that case i won't tell them.

Problem solved!

[RightClicK 17]

LoooooL....you want to fool the modernest country ??? <---- that's my answer.

[ThinkDifferent 1]

LoooooL....you want to fool the modernest country ??? <---- that's my answer.

well, it's being done before. so your answer is wrong LoooooL

[ThinkDifferent 1]

here are the details anyway.

1)visa was overstayed for about 4 years.

2)When leaving no i94 was submitted, no stamps in passport, no fingerprints.

3)At the destination entry there were also no stamps in passport. so the return date is not documented in a passport.

4)Passport is expired and new one is obtained on a different name (marriage).

5) 7 years has passed since left the US.

Would be good if anyone can give a valuable input i.e. share your thoughts on how consulate could know about an overstay.

[Boiler 46,082]

http://www.***removed***/visas/ds-160-form/previous-us-travel-information.html

[NigeriaorBust 4,087]

here are the details anyway.

1)visa was overstayed for about 4 years.

2)When leaving no i94 was submitted, no stamps in passport, no fingerprints.

3)At the destination entry there were also no stamps in passport. so the return date is not documented in a passport.

4)Passport is expired and new one is obtained on a different name (marriage).

5) 7 years has passed since left the US.

Would be good if anyone can give a valuable input i.e. share your thoughts on how consulate could know about an overstay.

What name will show on your birth certificate and does it match the name and other info from the old passport ?

You are looking at about 3 years left on a 10 year ban and lying could get you a lifetime ban It just doesn't make sense to lie

[ThinkDifferent 1]

Boiler, thanks for the link. doesn't shed the light on my question though i.e. how the consulate will know about an overstay?

What name will show on your birth certificate and does it match the name and other info from the old passport ?

You are looking at about 3 years left on a 10 year ban and lying could get you a lifetime ban It just doesn't make sense to lie

new passport has my new name and my maiden name. visa was issued on my previous name from previous marriage.

yes, after 10 years ban is over but that doesn't mean you can just go and apply for a visa, you'd need to obtain a waiver first. the whole process takes months and months + there are multiple cases of visas being refused even after ban is over.

somehow i see a better chance of getting a visa by not telling about overstay than waiting for 3 more years and apply for a waiver etc.