DS-230 Question 42 >> eliminating question ?

[Buggy 0]

Hi everybody,

Just got my NOA2 on the 18th and my son's born on the 19th, so happy

Anyway, now I'm already working on the NVC part but I'm stressing on DS-230 Question 42 "Have you ever been refused admission to the United States at a port of entry".

I came to the US on the 02/13/2010 on the Visa Waiver Program, married my wife then left on the 06/18/2010 (around 35 days of overstay)

I tried to enter again on the 03/01/2011 on the Visa Waiver Program.

I had a stop in Dublin, Ireland before takin a flight to Chicago, and at the US preclearance, they refused admission to me cause of my previous overstay.

Now I know i have to answer yes to that question 42 but for the explain part, what do I have to do ?

Explain why I've been refused admission (previous overstay), or do I have to explain why I overstayed.

Do I have to be brief or to do a "story tellin" ?

Is that overstay a "denial visa" reason ?

Thank you.

[JimVaPhuong 4,863]

You have to answer "yes", obviously. Your explanation can be short and sweet - "I was in the US previously under the Visa Waiver Program and overstayed 35 days, so I was denied entry." You can also give the dates of the first entry/exit and the subsequent attempt to enter. You don't have to go into any more detail than that. They have access to the CBP records.

The only penalty you've incurred is that you can't use the VWP anymore. It won't affect your spousal visa application.

[Buggy 0]

Thank you very much Jim, really helpful and releaving answer

That overstay was making me doubting.