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iverigma

why do you overstay your visa?

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tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

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tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

I have no idea sorry but get ready to be dogged by some.

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tomorrow's my wife's green card interview. In our case the only uncertain thing is that she already overstayed her tourist visa. I know it generally can be forgiven, but I still want to get prepared for the seemingly inevitable question: why did she (or why did I let her to) overstay her tourist visa?

Here's some brief description of our situation:

We got married in November 2005 but I wasn't eligible for applying for citizen until 2007. During which period she's been using tourist visa to enter US several times. In her last entry (Feb. 2007) she was warned by the custom guys that she can't use tourist visa to visit US so frequently.

So her tourist visa already expired in August, 2007. We felt that if she came back to her home country she might not be permitted into the US again. That's why she overstayed her visa. And finally I got my citizenship in February, 2008 and immediately filed my wife's AOS.

Obviously we can't really say she overstayed in order to wait for her new status, can we? What's the best strategy to answer this then? Did anybody have this kind of situation before and was asked about it in the interview? Please share. thanks!!

Hi

Just wanted to let you know I overstayed 9yrs before I was adjusted and never got asked why did I overstay. Only problem I had was stuck in namecheck for 2yrs However ever officer and interview is different so they could still ask you. Good luck with the interview


July 31st 2004 Married

Feb 13th 2006 AOS package sent

Reciept Feb 13th 2006

April 26th 2006 Biometrics

Interviewed May 3rd 2006 Denver Approved pending FBI Namecheck(AO extremly rude)

Long wait begins

August 2006 Inquiry on case....still pending

December 2006 Inquiry on case....still pending

Feb 16th 2007 Missed Grandmother's surprise 85th Birthday party in Australia.

April 2007 Inquiry on case....still pending

July 2007 Inquiry on case....still pending Informed they will not redo my biometrics till my FBI namecheck is back. Original AO retires.

Dec 26th 2007 Notice to appear for Biometrics

Jan 9th 2008 Biometrics

Jan 29th 2008 Missed telephone call from USCIS

Jan 30th 2008(my birthday) Returned phone call from USCIS AO (much nicer then original) personally called to confirm my mailing address an advise I am approved an will recieve 10yr card as I have been married more then 2yrs.

Feb 11th 2008 10yr greencard recieved in the mail with wrong info on card.

Feb 12th 2008 Start planning trip home to Australia

May 3rd 2008 Leave for Australia

May 5th 2008 Touch down in Australia 1st time since Dec 28th 1995 what a relief.

May 5th 2008 Suprise my grandmother with showing up at her door. Tears all around but well worth it.

May 25th 2008 Say Seeya Soon as I hate Goodbye...Come back to the US and start thinking about when We will wanna go home again.

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They might not even ask, and if they do, tell the truth. They care more about your marriage being bonafide than anything else. Just explain you couldn't stand being away from each other and didn't want to risk her not being able to come back in.


08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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Just keep in mind that if you travel on a tourist visa with the intentions to immigrate to the USA it is considered Visa fraud. I would be careful not to give them too much information. You don't have to lie but don't give them more information than what they ask. Just make sure you let them know that she decided to stay after she was already in the country and not that she came here already with the intention to stay.

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I have been in a similar situation. But that was during my K-1 interview. The Consular officer has asked me why I have stayed in the US for 3 years if my J-1 visa program ended after a year. I told him that at that time I was dating my then fiance and we were so much in love that I didn't want to leave. We wanted to get married, but then I had some family related issues back home and needed to leave, after that we applied for K-1.

I got the visa (did not need a waiver). He was happy with my answer.

Just blame it all on your love for each other. And do not try to lie to them because they are "alive lie detectors". It's always best to only answer their questions, not going into too much detail (that might bring more uncomfortable questions), and always tell them the TRUTH. In a smart way though. Make sure you don't say anything that might even suggest your wifes intention on coming to the US on a tourist visa with the intention to immigrate (adjust status after you became a citizen).

Good luck, I will keep my fingers crossed for both of you! Sending good vibes!


AOS Timeline begun!

AOS sent- June 26th 2008

NOA1- July 3rd

Touch- July 7th (check cashed)

Touch- July 8th

Biometrics notice received- July 14th (notice date- July 9th)

Biometrics Appointment- July 25th

Touch- July 25th

RFE e-mail notice- July 28th

RFE response sent- September 9th

RFE response received by USCIS and case processing resumed- September 12th

AOS Touch- September 18th

Transfer to CSC- September 26th

AOS Touch-September 29th

Received Transfer Letter in mail- October 2nd

AOS Touch- case pending at the office to which it was transferred- October 3rd

AOS Touch- October 6th

EAD Touch- October 29- CARD PRODUCTION ORDERED-yippeeeeeeeeee! I can get a drivers license

EAD Touch- November 3rd- Approval notice sent (JEEEEEEEEEZZZZZZZ RIGHT AFTER I WROTE THIS MY EAD CARD CAME IN MAIL!!!!!! I mean the Mailman brought it HOW WEIRD IS THAT???????????)

AOS Touch Dec 19th

AOS Touch Dec 21st

AOS APPROVED JAN 29th

Removing Conditions 12/16/2010- Application sent by certified mail

Approved 3/07/2011

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It is not always likely they will ask "why you overstayed" The most important is that you entered by legal means.

It is best to be honest.

Do not let on that you entered the USA on a non immigrant Visa with intentions to immigrate or marry, that will raise questions.

As Joanna & Bobby mentioned avoid mentioning you entered to get married or to be with your fiance on a non immigrant type visa.

Be honest & direct with your answers but do not give more info than asked or needed.

You look down, they know you're lying and up, they know you don't know the truth. Don't use seven words when four will do. Don't shift your weight, look always at the IO.but don't stare, be specific but not memorable, be funny but don't make him laugh. He's got to like you then forget you the moment you've left the interview. And for God's sake, whatever you do, don't, under any circumstances...


gewelcome-vi.gif

3dflagsdotcom_japan_2faws-vi.gif

IMPORTANT NOTICE:Like you all, I am not an attorney ; I am a layperson (I have laid a lot of persons ) My advice is based on Experience obtained by filing ourselves

AOS met in Japan 1994 married 10/2004

DO:Los Angeles,Ca.

6/17/06 Forms Sent (I-130, I-485, and I-765)

6/19/06 RD I-130,I-485, I-765

6/26/06 NOA rcvd

7/15/06 Biometrics complete Day 22

8/4/06 Interview Notice Rcvd Day 42

9/9/06 EAD Card Received :)Day 78

9/13/06 SS Card Received :)Day 82

9/27/06 AOS Interview Los Angeles APPROVED LPR Day 96

12/04/06 Welcome To the United States Letter received

12/08/06 Green Card Received- expires 12/2016

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I wish you luck in this.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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