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Filed: AOS (apr) Country: Canada
Timeline
Posted

When asked "Have you ever overstayed a US visa?" I put, "no" in my already submitted form.

I was on a F1 visa in the States between Sept 2013 - June 2014 and stayed in the US until February. I went to an attorney at the time and he told me that if I'm not told to leave by school officials or any officials, do not leave the country and am thinking of going back to school then I can stay for the time my F1 is still in-status, so I wasn't out of status. I stayed from June to the following February.

Will I run into any issues with my DS-160 form, the fact that I said to the best of my knowledge it is accurate that I haven't overstayed?

I listed the exact dates of all of my US Travel in the DS-160, so I was being honest completely. If asked at the interview I will explain the situation.

I'm panicking ATM.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

Did you mean you stayed from June 2014 to Feb 2015? What was the date on your I-20 at that time? If you didn't take any classes during that time and/or didn't get new I-20, you were out of status then. The expiration of F1 visa has no meaning after you enter US. The dates on I-20 and your minimum credits/semester decide whether you remained in status or out of status.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: AOS (apr) Country: Canada
Timeline
Posted

Did you mean you stayed from June 2014 to Feb 2015? What was the date on your I-20 at that time? If you didn't take any classes during that time and/or didn't get new I-20, you were out of status then. The expiration of F1 visa has no meaning after you enter US. The dates on I-20 and your minimum credits/semester decide whether you remained in status or out of status.

OK, so I was out of status. Will I have a hard time at my interview with that being said?

I would like to be honest about it and I had put "no" when asked if I overstayed. Do I need to redo my DS-160 and send them the updated one, and include both upon actual interview?

Filed: F-2A Visa Country: Nepal
Timeline
Posted

What visa you are trying to enter with this time?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: F-2A Visa Country: Nepal
Timeline
Posted

Well, now you have already submitted the form, you can clear it up with the CO if asked about your status during that time.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: AOS (apr) Country: Canada
Timeline
Posted

Well, now you have already submitted the form, you can clear it up with the CO if asked about your status during that time.

So it shouldn't be a problem? They won't deny the K1 at the interview most likely?

Filed: AOS (apr) Country: Canada
Timeline
Posted

I just looked at my old I-20 form and it says "D/S", so technically I didn't accumulate unlawful presence, however I think I was still out of status (considering I wasn't in school full-time). I entered the US multiple times since and haven't had problems whatsoever (besides trying to visit my fiancé earlier this year, hence when we applied for K1).

Looking more closely it appears I stayed until mid-August in the US after school ended in mid-JUNE, went back home to Canada and entered the US again in mid-Sept and stayed until mid-February. I may have rentered in mid-Sept on a B2 Visitors visa, I no longer have that passport so I don't know.

Should I fill out another form at this point, what's the right next move?

 
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