Potential Overstay Issue at Interview

[wolfft 0]

I’m the USC (dual UK/US nationality lived in the UK most of my life) and my wife is a UK national. We have a 17 month old son who is now a USC.
We submitted our I-130 in October and received our Notification of Approval on 24th Nov. We are waiting for package 3 and preparing for the medical/ interview. My wife is getting her vaccinations up to date and has applied for her UK police certificate and will shortly be applying for her Dutch Police certificate (she lived in Amsterdam, for a few years). I’ve ordered my last 3 year tax transcripts from the IRS and the joint-sponsor is completing their I-864 and will send it to me shortly. I think I’ve got everything covered in regards to re-establishing domicile (evidence of ending the lease on our flat, shipping quotes, leaving my job here in the UK, applying for work in the US, opening a US bank account etc, voting record, place to live in the US etc..)

However we are both nervous about the interview as my wife lived in the US with her parents(UK nationals) when she was a teenager (she is now 42) from around 13 – 18 and again from 21 to 23. This was while her parents were applying for US residency for their family. But the family originally entered the US on tourist visas. Her mum, dad and sister all got their residency but because my wife returned to the UK to go to University she did not. Her mum, dad and sister have lived in the US as USCs for the past 15 years.

My wife also overstated on her visa waiver (by 3 months) in 2009. Due to this she applied for and was issued a B1 visa (allowing stays of 6 month) in 2011 and has been using that to travel to the US without any problems. She has not had a ban or any immigration proceedings.

Will the fact that she has been in the US previously for a number of years (which I guess would be sees as overstaying) cause us problems at the interview? Or will the fact that it occurred 20 years ago while she was still a minor and her parents were applying to become USCs mean that it will not be an issue?

I’m under the impression that the interview will be based on our situation now as opposed to all those years ago. I’m also hoping that the fact the she has a B1 visa and been to the US on that a number of times without any problems will also indicate that there should not be any issues at the interview?

I know it’s a bit complicated but any advice would be appreciated. We are all ready to move to the US so don’t want any nasty surprises at the interview stage! Should we seek advice from an immigration lawyer?

[Penguin_ie 5,997]

The years when she was under 18 won;t count.

For the years aged 21-23, it could have been an issue, but considering her current age, any ban would be spent by now. The fact that she got a tourist visa without problems, with her family living in the USA, would indicate to me this previous overstay will not be an issue this time.

[wolfft 0]

Thanks so much. I thought the same but appreciate the reassurance.