Visa waiver overstay affecting CR-1

[Steph1988 11]

Ok so my hubby came over 3 times in 2years on the visa waiver scheme, twice left before the 90days, last time he came we never planned on getting back together he came solely to see his son, we ended up getting married but within the 90days, i then fell extremely sick and he overstayed the visa waiver, he overstayed by 147days. Now ive done alot of research, the law states that over 180 -1year is an automatic ban of 3years, overstaying a year enc ours a 10year ban, he was told by customs as he left do not come back without a valid visa which we now are trying to get, we had our noa2 expedited due to my still ill health an never got an RFE for the overstay, were now in nvc process an soon the interview, will the overstay affect us? they did tell us it wouldn't an would be OK to re enter with a valid visa, just worried thats all i guess

[Harpa Timsah 13,258]

If he has less that 180 days of overstay, it shouldn't make a difference. You wouldn't get an RFE for overstay, the visa would be denied at the embassy and you would file a waiver. With 147 days of overstay, it looks like you won't be in that situation. Good luck.

[Steph1988 11]

Ithe visa would be denied at the embassy and you would file a waiver.

thats the part that worrys me/us

[Brother Hesekiel 2,236]

As Harpa stated, no bar is triggered for overstays under 180 calendar days. He won't be able to use the VWP anymore, but that's the only disadvantage here.

[kali1229 6]

When you do other paperwork and talk to Immigration officers, do not lie. Tell them the truth, exactly as it happened. It should not harm your process. Worst case scenario you will need to file a waiver at the interview stage. There are a few others on here that have been through it and hopefully they can comment on this post to give you some more feedback.

[Steph1988 11]

When you do other paperwork and talk to Immigration officers, do not lie. Tell them the truth, exactly as it happened. It should not harm your process. Worst case scenario you will need to file a waiver at the interview stage. There are a few others on here that have been through it and hopefully they can comment on this post to give you some more feedback.

when u say a waiver can u explain more an can anyone tell me how long that takes, we had the case expedited for a reason hate to have to wait longer again