How to complete DS-260

[Flavia-Bianca 3]

Hi everyone!

 

My USC husband filed the petition of CR-1 on my behalf on July 29th 2022. I know we are a far way ahead until the case reaches NVC, but I wanted to be prepared when it will.

 

A little history on my behalf:

 

I was a one-year J-1 Exchange Visitor - Hospitality Internship. My programme concluded on 23rd of May 2022. That is the date when I got married. I continued to live with my spouse afterwards for the grace period of 30 days.

Due to the summer being absolutely wrecked by Airport Staff shortages I had literally no flight to book for me to go back to Romania because there were none. The earlier I could find was 26th of July, and that incurred a 3 day overstay. (I wanna mention that I had D/S - Duration of Status on my I-95). I could have not adjusted my status for within the US, because I had to go and conclude my studies in my home country which costed me a lot and I didn't want to lose my diploma.

In the meantime, I have applied and been granted the I-612 waiver of residence requirement under No Objection. My lawyer has disclosed my unfortunate short overstay to the DHS and they approved the waiver and so did USCIS.

 

My questions are the following:

Should I declare the 3 day overstay in the DS-260? Or no? Considering I had D/S status. I believe also they already know since it has been disclosed.

 

There's also a question for fulfilling the residency requirement. Should I say I did not fulfill but I have approved waiver?

 

If I can be guided by somebody, that would be of much help. Thank you very much!

[Chancy 6,241]

3 hours ago, Flavia-Bianca said:

Should I declare the 3 day overstay in the DS-260? Or no? Considering I had D/S status. I believe also they already know since it has been disclosed.

 

There's also a question for fulfilling the residency requirement. Should I say I did not fulfill but I have approved waiver?

 

"D/S" is only valid while you remain in your J1 program.  So you did overstay, as you were in the US longer after your program ended.  Answer the DS-260 truthfully.  Make sure to declare the overstay and state that you did not fulfill the residency requirement but have an approved waiver.

 

[Flavia-Bianca 3]

2 minutes ago, Chancy said:

 

"D/S" is only valid while you remain in your J1 program.  So you did overstay, as you were in the US longer after your program ended.  Answer the DS-260 truthfully.  Make sure to declare the overstay and state that you did not fulfill the residency requirement but have an approved waiver.

 

Thanks a lot for your help @Chancy! Yes, it was a minor 3 day overstay as the other 30 days are part of the grace period they offer J-1 interns on 1 year programmes. Lawyer said it would only regarded as 3 days.

[Chancy 6,241]

2 minutes ago, Flavia-Bianca said:

Yes, it was a minor 3 day overstay as the other 30 days are part of the grace period they offer J-1 interns on 1 year programmes. Lawyer said it would only regarded as 3 days.

 

The consulate already has a record of the relevant info on the DOS/DHS database before you even fill out the DS-260.  The point is to check your honesty, or catch you lying on an official immigration document.  So yes, disclose the overstay, even if you overstayed only 1 hour.

 

[Flavia-Bianca 3]

5 minutes ago, Chancy said:

 

The consulate already has a record of the relevant info on the DOS/DHS database before you even fill out the DS-260.  The point is to check your honesty, or catch you lying on an official immigration document.  So yes, disclose the overstay, even if you overstayed only 1 hour.

 

Never intended to lie! Many thanks again!