Form DS156 for interview

[EAS 45]

Yep this is the question... i noticed the "or", however if i don't specify which one it is how are they going to know? They could look down on me just for that.

Also does this lead me to answer "yes" to another question, the one that says, "have you been in the US illegally" since i overstayed the VWP for like a month.

2 yes , i really don't like that....

They will know because they may ask you about it.

While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer.

If you have ever overstayed or been unlawfully present in, or deported from the United States you will have to answer the following question as 'YES' regardless of your answer to previous questions:

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

You may not like it but the truth is the truth.

[loladolly 51]

They will know because they may ask you about it.

If you have ever overstayed or been unlawfully present in, or deported from the United States you will have to answer the following question as 'YES' regardless of your answer to previous questions:

You may not like it but the truth is the truth.

Is a month overstay of the VWP considered as staying illegally? I am asking for a visa here, i am getting scared of what these answers could lead to

[loladolly 51]

Is all of this jeopardizing my visa? if yes i prefer not even going to the embassy

[KayDeeCee 4,896]

Is all of this jeopardizing my visa? if yes i prefer not even going to the embassy

Yes, you need to answer yes to those questions, since you did overstay and that is unlawful presence. You can explain it on your supplement sheet and/or to the CO if asked about it directly. You overstayed a month, so you had no ban from the US that would make you ineligible for the K-1. Just be completely honest and this should have no impact on granting you a K-1 visa.

[loladolly 51]

Yes, you need to answer yes to those questions, since you did overstay and that is unlawful presence. You can explain it on your supplement sheet and/or to the CO if asked about it directly. You overstayed a month, so you had no ban from the US that would make you ineligible for the K-1. Just be completely honest and this should have no impact on granting you a K-1 visa.

Thanks a lot. I ll do this with the extra sheet.

Again, I never planned on lying, all of this is just making me really anxious.

[loladolly 51]

Anyway i was just thinking, why would USCIS approve a petition for a beneficiary who is ineligible for a visa?

[KayDeeCee 4,896]

Anyway i was just thinking, why would USCIS approve a petition for a beneficiary who is ineligible for a visa?

The USCIS only grants permission for a foreign fiance(e) to apply for a visa through the DoS US consulate in their country. USCIS does not check to see if the future applicant is eligible. That is why the foreign fiance(e) needs to fill out DS forms to apply for the visa. The consulate decides if they are eligible for the visa or not.

[loladolly 51]

The USCIS only grants permission for a foreign fiance(e) to apply for a visa through the DoS US consulate in their country. USCIS does not check to see if the future applicant is eligible. That is why the foreign fiance(e) needs to fill out DS forms to apply for the visa. The consulate decides if they are eligible for the visa or not.

So what could make you ineligible for a k1 visa besides having a ban, security or health reasons, and the CO believing that the relationship is not bona fide?

[KayDeeCee 4,896]

So what could make you ineligible for a k1 visa besides having a ban, security or health reasons, and the CO believing that the relationship is not bona fide?

Well, those you named are some of the main ones I can think of. You could add lack of financial sponsorship, already married, drug use and material misrepresentation.

[loladolly 51]

Well, those you named are some of the main ones I can think of. You could add lack of financial sponsorship, already married, drug use and material misrepresentation.

Ok thanks a lot for your help and everyone else who answered me on this thread. I feel a lot better now knowing that my past mistakes won't jeopardize the future of my family. The only thing staying is the embarrassment of having to answer yes to this question.

Hopefully in a few years i will be able to laugh at this misadventure and drop the guilt feeling since because of this i haven't been able to visit my fiance during this long process (which lasted even longer for me because of CSC). The VWP was a privilege for me and i just ruined it and of course i wouldn't get a visitor visa since i have obvious immigrant intent and no real ties to my country after living in the US for 3 years prior to filling.