CR-1 with Overstay (under 6 months)

[shinjj8888 0]

Hello,

I have a question about CR-1 process and participant's overstayed record.

I am a U.S. citizen and my wife is on CR-1 process, we're currently working on Affidavit of Support.

My wife is in Korea currently. She visited the U.S. with ESTA twice.

Once she left after 50 days, so it did not matter, but the second time she visited, she stayed 90 days plus 5 more months.

A lawyer told me we won't need to do anything since the overstay was under 6 months, she doesn't need additional petition.

But somebody told me it's better to write and add a letter explaining the reason for her overstay.

We should have not made such decision but there was no particular reason, she just wanted to stay with me a little bit more.

I was wondering if anybody knows a case like this, and what's the best course we need to take.

If we need to write a letter, or explain about it on the interview, what would be the answer to avoid and the best answer?

Thank you and I could use any advice!

[Ian H. 207]

You spoke to a lawyer already which is good and what he said is correct. I replied to a post with the same situation as yours. As long as the over stays was less than 180 days, you don't have to do anything else. The ban applies to people who overstay by 180 days or more and that period starts the day after she was supposed to leave, not when she entered the country. There is no need for you mention that if they do not ask. IF they do ask, tell the truth of course, but it wouldn't cause a denial because the law clearly says 180 days or more, and 5 months is not 180 days. The visa application also specifically asks if she stayed 180 days or more, so the answer would be NO, and you would be telling the truth.

[Boiler 43,433]

Nothing to say or explain.

[aaron2020 11,651]

Hello,

I have a question about CR-1 process and participant's overstayed record.

I am a U.S. citizen and my wife is on CR-1 process, we're currently working on Affidavit of Support.

My wife is in Korea currently. She visited the U.S. with ESTA twice.

Once she left after 50 days, so it did not matter, but the second time she visited, she stayed 90 days plus 5 more months.

A lawyer told me we won't need to do anything since the overstay was under 6 months, she doesn't need additional petition.

But somebody told me it's better to write and add a letter explaining the reason for her overstay.

We should have not made such decision but there was no particular reason, she just wanted to stay with me a little bit more.

I was wondering if anybody knows a case like this, and what's the best course we need to take.

If we need to write a letter, or explain about it on the interview, what would be the answer to avoid and the best answer?

Thank you and I could use any advice!

Hi,

Somebody is wrong. The lawyer is correct. You do not need to send any letter.

By violating the terms of the VWP, she can no longer use it. She will need a visitor visa to visit you, but she is unlikely to get one after violating the VWP.

There is no effect on the petition for your wife with a 5 days overstay.

Do not send a letter. It will only create confusion and possibly slow down the case for your wife.

[Ontarkie 13,915]

~~Duplicate thread merged~~