form DS-156

[Mrs. Disney 0]

This concerns those questions you are supposed to check either the box that says YES or NO on the form DS-156.

Where they ask "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?" I think I'm supposed to answer yes. I was an au pair (J1) for a year and after that I applied for a change of status for a tourist visa. While waiting on the approval/denial of that petition, I babysat a few times for my host family. As far as I'm concerned I wasn't supposed to work (oh, do I regret that?). No SSN included but still, illegal. I stayed in the US a little over 5 months since my au pair year was over, and I came back to Brazil as soon as I found out from Infopass that my petition was denied. The denial letter was issued only 2 months after I left the States (just trying to fill you all in).

Anyways, I want to be as honest as I can (my K1 Visa interview is in 5 days). If I check YES on that box, will I be able to file a waiver? Also, would any of you know how that goes? Do I have to schedule another appointment for the waiver or do they give me a waiver right there on the interview? Is there any chance I will get my visa on this upcoming interview? Thanks!

[Old Dominion 26]

The answer needs to be yes. You can present any evidence of what happened to you during the interview. The fact that your denial arrived two months after you were back home may work in your favor, i.e., that you left the US as soon as you knew it would not be approved.

There is no need to get into your employment situation, as that is irrelevant unless the interviewer brings it up.

[Mrs. Disney 0]

My fiance feels I should answer NO to that question since I didn't have a visa, I was "pending", no status. If I answer NO to that question and tell them I babysat for my host parents a few times after my au pair year was up and I was waiting on an answer from USCIS, would that be ok? I'm not trying to hide the info that I worked from them interviewers, I'm just not sure if I should answer YES to that considering I didn't have a visa.

And I'm really lost here about the waivers. Found nothing on the internet. I'm just trying to sort everything out during this upcoming interview.

[johnholmessc 0]

I would recommend being honest (obviously), but without volunteering unnecessary information. If the consular official doesn't specifically ask something that would potentially not work in your favor, I don't see the reason behind providing that reason. There are numerous tales and postings here on VJ where doing something like that came back to haunt the beneficiary.

[Mrs. Disney 0]

I would recommend being honest (obviously), but without volunteering unnecessary information. If the consular official doesn't specifically ask something that would potentially not work in your favor, I don't see the reason behind providing that reason. There are numerous tales and postings here on VJ where doing something like that came back to haunt the beneficiary.

So let me see if I got that right. You think I should say NO to that question. If the consul ends up asking if I worked during that period, then I will say I did and then explain (if they ask me) why I checked NO (because I didn't think I had violated a visa since I had no status)?

Sorry if it sounds like I'm "putting words in your mouth", just trying to understand.