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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

sunny1
I am an Indian national in India planning my wedding with a US citizen in India.
I once overstayed my visitor visa 15 years ago by 2 years.Not detected. Returned voluntarily and even managed to get another B1/B2 (still vaild) some years later on which I have no overstays.
I have no police record anywhere , only got a speeding ticket in US once.

Can this overstay history unusually prolong my immigrant visa processing time at US embassy Delhi?







homesick_american
I would think that if you don't tell them about the overstay and they find out about it along the way then the consequences could be severe; they should be able to figure it out on their own. On the other hand if you do reveal the overstay you will probably have to file a waiver, and they may or may not approve it.

Check out the waiver forum; you may find people in similar situations to yours.
sunny1
Homesick_american;

What waiver are you talking about? My overstay was 15 years ago so I am NOT ineligible to receive an
immigrant visa. SO I DO NOT NEED A WAIVER. And they already know about my overstay.

My question was about backgorund check. Do people with overstay history have a very long background check and thus a delay in their immigrant visa?



QUOTE(homesick_american @ Apr 12 2007, 05:27 PM) *
I would think that if you don't tell them about the overstay and they find out about it along the way then the consequences could be severe; they should be able to figure it out on their own. On the other hand if you do reveal the overstay you will probably have to file a waiver, and they may or may not approve it.

Check out the waiver forum; you may find people in similar situations to yours.

homesick_american
QUOTE(sunny1 @ Apr 12 2007, 07:35 AM) *
Homesick_american;

What waiver are you talking about? My overstay was 15 years ago so I am NOT ineligible to receive an
immigrant visa. SO I DO NOT NEED A WAIVER. And they already know about my overstay.

My question was about backgorund check. Do people with overstay history have a very long background check and thus a delay in their immigrant visa?


Hmmm...I would have thought you were judging from some of the horror stories I've read here, but I'm no expert.

Good luck.
zyggy
The ban on reentry based on an overstay only occurs if it was after 1998 or so... if the overstay was before that, there is no ban and no waiver required..
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