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Scott34 Newbie

Scott34   0

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Hello everyone,

 

I have a couple of questions for people that might have similar situation. So, after 8 month of waiting our interview has been finally scheduled. We are getting prepare for interview, but my main concern is that the interview officer may by picky that my wife overstayed (6years) her tourist Visa. Did anyone was in similar situation? She came to USA when she was 21 and decided to stay.

We got married last year in May. Currently to prove our marriage we have jointly banking account, utilities bills, car insurance, photos, jointly tax return for 2019. Both of us never been in previous marriage or had a kids. 

 

Should we be okay?

 

Thanks

OrihimeandIchigo Community Regular

OrihimeandIchigo   217

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Filed: IR-1/CR-1 Visa Country: Sweden
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1 hour ago, Scott34 said:

Hello everyone,

 

I have a couple of questions for people that might have similar situation. So, after 8 month of waiting our interview has been finally scheduled. We are getting prepare for interview, but my main concern is that the interview officer may by picky that my wife overstayed (6years) her tourist Visa. Did anyone was in similar situation? She came to USA when she was 21 and decided to stay.

We got married last year in May. Currently to prove our marriage we have jointly banking account, utilities bills, car insurance, photos, jointly tax return for 2019. Both of us never been in previous marriage or had a kids. 

 

Should we be okay?

 

Thanks

I'm sorry that I don't have any advice since in not experienced in this type of stuff but I do know from reading around here on the forums there's a wavier you and your wife can file for unlawful presence that can be overlooked and forgiven due to marriage and adjustment of status. Did you happen to file this already? If so ignore my statement.

 

From everything I've read about interviews is be honest so just do that and it should be fine.

 

I wish you and your wife good luck 😊 

 

DELETEME1234 Collaborator

DELETEME1234   208

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Posted
1 hour ago, Scott34 said:

Hello everyone,

 

I have a couple of questions for people that might have similar situation. So, after 8 month of waiting our interview has been finally scheduled. We are getting prepare for interview, but my main concern is that the interview officer may by picky that my wife overstayed (6years) her tourist Visa. Did anyone was in similar situation? She came to USA when she was 21 and decided to stay.

We got married last year in May. Currently to prove our marriage we have jointly banking account, utilities bills, car insurance, photos, jointly tax return for 2019. Both of us never been in previous marriage or had a kids. 

 

Should we be okay?

 

Thanks

Assuming that you yourself are a USC there's nothing to be worried about. Her overstay doesn't change her eligibility to use the AOS procedure. The above mentioned waiver need not to be filed, it doesn't apply to this instance. 

 

So in short: you guys should be ok in terms of her overstay.

 
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