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christine55

Do I state oveestay on I-130?

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Filed: Other Country: Canada
Timeline
1 minute ago, christine55 said:

Okay but where should I disclose this? In the cover letter? Or is there somewhere on the I-130 I can write it?

I don't remember if it asks if anywhere on the i-130.  They'll know he overstayed likely.  Just don't withhold if asked 

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Filed: Lift. Cond. (pnd) Country: India
Timeline
16 minutes ago, christine55 said:

Okay but where should I disclose this? In the cover letter? Or is there somewhere on the I-130 I can write it?

There's no need to go out of your way to disclose this. I don't believe there's anywhere on the I-130 form to indicate this fact, in which case I would not type this on the cover letter. Like others have indicated here, they'll know that he's overstayed. When you get to later stages (the DS-260), you will have to disclose this fact, do so at that time.

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If it's on the new form disclose it, if it's not then he will have to disclose on his DS-260

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

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18 hours ago, agripa said:

There's no need to go out of your way to disclose this. I don't believe there's anywhere on the I-130 form to indicate this fact, in which case I would not type this on the cover letter. Like others have indicated here, they'll know that he's overstayed. When you get to later stages (the DS-260), you will have to disclose this fact, do so at that time.

Agree to this. If it's ask in the new I130 form, then disclose, if not it is okay not too.

IR1 / Nebraska Service Center

07/31/2014 : Married 

02/15/2017: Sent I-130 

02/22/2017: NOA1

03/30/2017: NOA2 YAYYYyyyyy  36 days after NOA1.. Blessed  

04/19/2017: Email from NVC

04/19/2017: DS-261 unlocked

04/21/2017: AOS paid

04/25/2017: IV paid

06/14/2017: Sent AOS Package

06/21/2017: Scan date

08/23/2017: Case Complete (9 weeks)

08/24/2017: Received automatic checklist via email from NVC to bring proof of domicile during interview. Still waiting for Interview Appointment.

08/30/2017: Received email from NVC telling that they will be schedule interview.

09/06/2017: Received email from NVC regarding Interview Date

10/25/2017: Interview Date

09/14/2017: Emailed US Embassy to cancel our interview and postpone as wife is pregnant. USEM mentioned to contact them 3 weeks prior to intended date of appointment. 

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25 minutes ago, christine55 said:

He left at 95 days. A 180 day overstay constitutes a 3 year ban and a 360 day overstay is 10.

Why was i under the impression that even one day is penalized either way its long ago so :)

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Filed: Timeline
5 minutes ago, Auds said:

Why was i under the impression that even one day is penalized either way its long ago so :)

You are right in one sense, it's still not good and makes it impossible to get a visa waiver again, but luckily no ban. Still something we can't sweep under the rug though.

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