Help! My husband overstayed in the USA in his previous visit.

[YasiMazi 0]

Hi everyone, I do need help. So I am a us citizen and we got married back in our home country on Aug 3rd, 2014. at the time I was a green card holder and recently I became a us citizen and sent my documentation to upgrade his case to IR/CR1. He came to US in 2012 on B1 visa and extend his visa for 6 more month, but he overstayed for 3 month after the expiration date. He was staying with his family and someone came to their place and let his aunt know that his visa is over and he has to leave but as he was not home they did not give ant letter or any more information. He left the country 4 days after they showed up. Now, I am wondering if it was a deposition or removal condition. Also, would be any issue at his interview related to his overstayed as it was less than 6 month and he left the country voluntarily? I am not even sure what should I say related this condition in his DS-260 form. does it consider as illegal presence in the US?

Any help will be appreciated! Please give me some advice and if you had a similar experience let me know what was the result.

Thank you in advance,

[Penguin_ie 5,984]

***** Moving from Bringing Family to CR-1 spousal visa for more answers ****

He should not have a ban with only a 3 months overstay, though they will definitely ask about it at the interview.

It is a little odd that someone official (?) came to where he was staying and told them he was overstaying, ICE usually is too busy with criminals and such. Is he sure he got the B2 visa extension for the extra 6 months? If that did not process correctly, he has a 9 month overstay which would trigger a ban....

[YasiMazi 0]

***** Moving from Bringing Family to CR-1 spousal visa for more answers ****

He should not have a ban with only a 3 months overstay, though they will definitely ask about it at the interview.

It is a little odd that someone official (?) came to where he was staying and told them he was overstaying, ICE usually is too busy with criminals and such. Is he sure he got the B2 visa extension for the extra 6 months? If that did not process correctly, he has a 9 month overstay which would trigger a ban.

Thanks you for helping me. Yes, he has the visa extension document which shows he was eligible to stay until end of Dec 2013 however he left the country on March 2014

[Penguin_ie 5,984]

Maybe a rookie doing some easy assignments then, or someone who was not official, who didn't like your husband, causing trouble.

In any case, he should be prepared for questions about it, and answer honestly. They may give him a bit of a hard time about it at the interview, but there is no ban so it should not affect the spousal visa.