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Posted

If someone overstayed a student visa in UK by 2 years, and voluntarily left without any type of removal procedure, but now wants to legally emigrate to the U.S. as the spouse of a U.S. citizen - would that previous overstay be a problem?

Would it be best to include information for the background check (e.g. address/employment/clear police report) from the illegal stay in another country? Or act as if it never happened hoping USCIS and Dept. of State don't find out??? (If even possible...) My concern is that the overstay and employment etc. may be seen as fraud (a crime of moral turpitude) and become grounds for denying the visa....

(please don't suggest getting a lawyer :) there is no exact law on this issue - just looking for feedback and opinions)

thanxs sharan

Filed: K-3 Visa Country: United Kingdom
Timeline
Posted

You might want to post this question in the regional forum for the UK as well :star:

http://www.visajourney.com/forums/forum/99-united-kingdom/

I'm *kind of* in the same boat. But I'm the American citizen and

my husband is the British citizen. I came over on a tourist visa

and am staying with him until he gets his visa and we can go

back together :thumbs:

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

Filed: Lift. Cond. (pnd) Country: Egypt
Timeline
Posted

If someone overstayed a student visa in UK by 2 years, and voluntarily left without any type of removal procedure, but now wants to legally emigrate to the U.S. as the spouse of a U.S. citizen - would that previous overstay be a problem?

Would it be best to include information for the background check (e.g. address/employment/clear police report) from the illegal stay in another country? Or act as if it never happened hoping USCIS and Dept. of State don't find out??? (If even possible...) My concern is that the overstay and employment etc. may be seen as fraud (a crime of moral turpitude) and become grounds for denying the visa....

(please don't suggest getting a lawyer :) there is no exact law on this issue - just looking for feedback and opinions)

thanxs sharan

i wouldnt think that would be an issue the U.S doesnt care about over staying in other country it would be a problem if u over stayed in the U.S at least i think so not sure though. maybe someone else could give u a better opinion

K1 visa process
06/08/2011 I-129 sent
06/11/2011 I-129F NOA1 (Receipt)
09/23/2011 I-129F NOA2 (Approved)
10/11/2011 Package Received By NVC
10/11/2011 Package Left From NVC
10/16/2011 Received By Consulate
10/20/2011 Rec Instructions (Pkt 3)
11/09/2011 Complete Instructions (Pkt 3)
01/21/2012 Rec Appointment Letter (Pkt 4)
02/21/2012 Interview Date (K1 Visa)
02/21/2012 Interview Result Approved
02/29/2012 K1 Visa Received

03/16/2012 US Entry
03/19/2012 Marriage

Our AOS process
03/29/2012 AOS I-485/ EAD I-765/ AP I-131 filed
04/04/2012 NOA1 for AOS/ EAD/ AP
04/23/2012 Case transferred
05/08/2012 Biometric Appt Date for AOS and EAD
06/01/2012 EAD and Ap approved
06/09/2012 EAD and Ap combo card received
08/24/2012 AOS Approved
09/09/2012 Green Card received with no interview

Removing Conditions

05/27/2014 I-751 sent to Vermont Service Center

05/30/2014 Package Received

06/02/2014 NOA1

07/07/2014 Biometrics Appointment

12/01/2014 case transferred for California service center

01/13/2015 Second Biometrics appointment

01/23/2015 case approved

01/31/2015 Card Received

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

If someone overstayed a student visa in UK by 2 years, and voluntarily left without any type of removal procedure, but now wants to legally emigrate to the U.S. as the spouse of a U.S. citizen - would that previous overstay be a problem?

Would it be best to include information for the background check (e.g. address/employment/clear police report) from the illegal stay in another country? Or act as if it never happened hoping USCIS and Dept. of State don't find out??? (If even possible...) My concern is that the overstay and employment etc. may be seen as fraud (a crime of moral turpitude) and become grounds for denying the visa....

(please don't suggest getting a lawyer :) there is no exact law on this issue - just looking for feedback and opinions)

thanxs sharan

I cannot say if it will impact the case or not or how it will impact your case, but I can tell you don't lie on any of the US forms.

Even if you don't tell them they know from stamps when you entered UK and left UK.

If you are caught lieing or concealing information by US immigration you can be banned for life for mis-representation.

Filed: K-1 Visa Country: Wales
Timeline
Posted

They will know where you were because you have to tell them.

It may also depend on the Consulate concerned, which one is it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: United Kingdom
Timeline
Posted

Did they actually stamp your passport when you left? Because they usually don't - it's possible they don't know.

I think they only stamp passports going into the country, not out :thumbs:

But I think newer passports have an electronic chip or a magnetic strip (like

on a credit card) that stores some info about your travels ... not sure though :star:

I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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