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DS-156 question on previous overstay

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Filed: K-1 Visa Country: Australia
Timeline

On the DS-156 question 38 there is a question that says have you ever violated the terms of u.s. visa or been unlawfully present in or deported from the united states

on my fiance's last trip here they miscalculated the days and he ended up staying 4 days over his visa wavier program 90 day limit

so for question 38 is that a yes for that awnser if so should I include a letter explaning the situation? any ideas about what might happen I'm kinda nervous about that question

thanks for any help,Sharon

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Filed: K-1 Visa Country: Australia
Timeline

the question is about if you over stayed not your fiance.

Adjustment of status after K1 visa ClockWatch2.gif

2013-08-12 (Day 1 ) - Sent my Aos package for work permit and green Card

2013-08-20 (DAY 8) Noa1 received via Text around 11pm, next day was email. Received my case numbers

2013-08-23 (Day 11)- received hard copy in mail for Noa1 gc , Work permit

2013-08-30 (Day 18) Received Biometrics appointment letter in the mail.

2013-09-17 (Day 25) biometrics appointment day @2pm Detriot

2013-09-25 (Day 33) received text and email , I485 changed to testing and interview

2013-10-02 (Day 40) received text message and email @7am about my interview date

2013-10-04 (Day 42) Received hard copy interview letter in the mail

2013-10-10 (Day 48) Work permit Card in production

2013-10-16 (Day 54) 2nd Text and email @830am Work permit in Production

2013-10-21 (Day 59) text/email notice 10am . Work Permit sent

2013-10-21(Day 59)Text/ email @9pm received text with tracking number -2 day delievery

2013-10-24(Day 62) received my work permit in the mail.

2013-10-25 Filled for my Social Security number today

2013-11-05 (Day 74) Interview November 5th (1.40pm)...... APPROVED!! kicking.gif

2013-11-05(Day 74) Text and Email - Green card in Production @2.30pm

2013-11-05 (Day 74) Text and email @8.15pm Mailed notice that i am a registered permanent resident

2013-11-07 (Day 76) 2nd Text and email @11.30am - green card in production

2013-11-09 (Day 78) Welcome letter received - WELCOME TO THE UNITED STATES OF AMERICA!

2013-11-12 (Day 81) - Received text and email - Green card sent @1.15pm

2013-11-12 (Day 81) @9pm received text and email - with UPS tracking number - For Green card

2013-11-15 (Day 84) Green card Received dancin5hr.gif

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