How long have ou overstayed before filing?

[Kittyfang 6]

As I've mentioned before, I came to the US to visit my (then) boyfriend. I ended up getting married, and have been overstaying for 2.5 years now. My excuse is financial. However, we will be filling soon for AoS.

So, to anyone who has overstayed; how long where you out of status, and how did it affect your case? Did they ask you about it at the interview, did you even get an interview?

[Kathryn41 3,205]

You probably won't find a lot of people who are in similar situations to yours, Kittyfang. Most of the people here entered the US after applying for the correct visa and going through the process and expense of getting it. Some were here on a work visa and got married while they were here and again continued the process from there. For those who decided to marry while visiting their loved one, I don't know of very many who waited a long time before they filed for the AOS. Most of them tried to take care of the paperwork right away.

Your situation is somewhat unique.

You should probably plan on having an interview and being asked about why you waited so long to file for AOS. The one advantage, as I mentioned before, is that it is hard to say you chose this route as a short-cut to getting a green card and that is in your favour. Tell the truth and things should work out.

You might not want to keep telling people that you have an overstay of 2 1/2 years - some people have difficulty dealing with those who are going through the AOS from a visitor's status, let alone an overstayed visitor, and may respond rather curtly. Just focus for now on getting the AOS filed and know that you are filing as an out-of status visitor.

Edited October 12, 2009 by Kathryn41

[familyguy 2]

3 Years overstay here and had our interview last Wens and approved 2 days later. The overstay was never raised not was the question of intent on entry. YMMV. Good luck.

Edited October 12, 2009 by familyguy

[bradcanuck 1]

Technically I overstayed over several periods for a total of a year. Student visa overstay, travel overstay and AOS overstay....

All was forgiven. Even me working illegally was forgiven.

Though I think in the end it depends on the agent interviewing.

[Kittyfang 6]

You probably won't find a lot of people who are in similar situations to yours, Kittyfang. Most of the people here entered the US after applying for the correct visa and going through the process and expense of getting it. Some were here on a work visa and got married while they were here and again continued the process from there. For those who decided to marry while visiting their loved one, I don't know of very many who waited a long time before they filed for the AOS. Most of them tried to take care of the paperwork right away.

Your situation is somewhat unique.

You should probably plan on having an interview and being asked about why you waited so long to file for AOS. The one advantage, as I mentioned before, is that it is hard to say you chose this route as a short-cut to getting a green card and that is in your favour. Tell the truth and things should work out.

You might not want to keep telling people that you have an overstay of 2 1/2 years - some people have difficulty dealing with those who are going through the AOS from a visitor's status, let alone an overstayed visitor, and may respond rather curtly. Just focus for now on getting the AOS filed and know that you are filing as an out-of status visitor.

I agree it was a long shot. As you've mentioned, it is a somewhat unique situation and you are most likely right about people feeling like I took this path to avoid the K-1 (which I didn't). I have been unable to file for so long, that now that I can file, time seems to have stopped and I find myself waiting on different things, like birth certificate, translations, etc. It's nerve wrecking, but I do appreciate you replying. What you've said about the overstay somewhat proving that I didn't do all this for a shortcut to a GC made me feel better and I keep that to heart. Thank you again.

3 Years overstay here and had our interview last Wens and approved 2 days later. The overstay was never raised not was the question of intent on entry. YMMV. Good luck.

thank you! you seem to have answered a question I asked in another post as well!

Congratulations on approval.

Technically I overstayed over several periods for a total of a year. Student visa overstay, travel overstay and AOS overstay....

All was forgiven. Even me working illegally was forgiven.

Though I think in the end it depends on the agent interviewing.

I'm so afraid that I will be facing the interviewer from hell.

Edited October 12, 2009 by Kittyfang

[almaty 19]

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

[Kittyfang 6]

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

Nice, this is what Kathryn41 was talking about.

I felt tempted to reply directly to the person, but I will just say that it's a shame there are people like him/her. Or that they are so judgmental, they can't imagine someone else having a different situation than them... Or that it makes them so mad, they can't help but feel anger and resentment.

Edit, because it made me laugh.

Quoted from his/her signature: "Peace to All creatures great and small............................................" Not practicing what you preach there.

Edited October 12, 2009 by Kittyfang

[trailmix 77]

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

Nice, this is what Kathryn41 was talking about.

I felt tempted to reply directly to the person, but I will just say that it's a shame there are people like him/her. Or that they are so judgmental, they can't imagine someone else having a different situation than them... Or that it makes them so mad, they can't help but feel anger and resentment.

Edit, because it made me laugh.

Quoted from his/her signature: "Peace to All creatures great and small............................................" Not practicing what you preach there.

Well, I hope this doesn't turn in to a slanging match.

Kittyfang, you can't really blame people who will say that. You were in a country illegally for 2 years. You overstayed your visitor's visa by 2 years! There really is no excuse for that. So if some Americans are offended by that, you truly can't be surprised. I'm sure many Canadians would be offended by an American, or any other visitor, overstaying their visa for 2 years as well.

Anyway, I have seen you post this question a few times now. I know that you would like someone to say that the interviewer will not ask you and there will be no penalty - well that may well happen, however, no one can tell you for certain. I'm sure it is nerve wracking, as you mention and I don't like to see anyone so worried.

Edited October 12, 2009 by trailmix

[Sprailenes 47]

I am not offended but I don't get why there are so many rules if some people refuse to follow them. I mean shouldn't they be discouraging this kind of thing?

[trailmix 77]

I am not offended but I don't get why there are so many rules if some people refuse to follow them. I mean shouldn't they be discouraging this kind of thing?

Well in theory they should - I don't know what the history of this particular law is, however I suspect the bad press would be so huge if there was a penalty that they just figure it's not worth it.

[Sprailenes 47]

Yea... I always thought an overstay would lead to a ban. I guess I stand corrected.

[Kittyfang 6]

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

Nice, this is what Kathryn41 was talking about.

I felt tempted to reply directly to the person, but I will just say that it's a shame there are people like him/her. Or that they are so judgmental, they can't imagine someone else having a different situation than them... Or that it makes them so mad, they can't help but feel anger and resentment.

Edit, because it made me laugh.

Quoted from his/her signature: "Peace to All creatures great and small............................................" Not practicing what you preach there.

Well, I hope this doesn't turn in to a slanging match.

Kittyfang, you can't really blame people who will say that. You were in a country illegally for 2 years. You overstayed your visitor's visa by 2 years! There really is no excuse for that. So if some Americans are offended by that, you truly can't be surprised. I'm sure many Canadians would be offended by an American, or any other visitor, overstaying their visa for 2 years as well.

Anyway, I have seen you post this question a few times now. I know that you would like someone to say that the interviewer will not ask you and there will be no penalty - well that may well happen, however, no one can tell you for certain. I'm sure it is nerve wracking, as you mention and I don't like to see anyone so worried.

Oh I agree with you. Overstaying for so long is not ideal. It wasn't planned that way and I certainly didn't intend on breaking any laws.

Yea... I always thought an overstay would lead to a ban. I guess I stand corrected.

I think the reason that they do not ban those who overstay is to encourage them to file for AoS. For them, it's probably better to forgive an overstay and cash in on that person's taxes and keep track of them than just spend money on tracking them down.

[familyguy 2]

You probably won't find a lot of people who are in similar situations to yours, Kittyfang. Most of the people here entered the US after applying for the correct visa and going through the process and expense of getting it. Some were here on a work visa and got married while they were here and again continued the process from there. For those who decided to marry while visiting their loved one, I don't know of very many who waited a long time before they filed for the AOS. Most of them tried to take care of the paperwork right away.

Your situation is somewhat unique.

You should probably plan on having an interview and being asked about why you waited so long to file for AOS. The one advantage, as I mentioned before, is that it is hard to say you chose this route as a short-cut to getting a green card and that is in your favour. Tell the truth and things should work out.

You might not want to keep telling people that you have an overstay of 2 1/2 years - some people have difficulty dealing with those who are going through the AOS from a visitor's status, let alone an overstayed visitor, and may respond rather curtly. Just focus for now on getting the AOS filed and know that you are filing as an out-of status visitor.

I agree it was a long shot. As you've mentioned, it is a somewhat unique situation and you are most likely right about people feeling like I took this path to avoid the K-1 (which I didn't). I have been unable to file for so long, that now that I can file, time seems to have stopped and I find myself waiting on different things, like birth certificate, translations, etc. It's nerve wrecking, but I do appreciate you replying. What you've said about the overstay somewhat proving that I didn't do all this for a shortcut to a GC made me feel better and I keep that to heart. Thank you again.

3 Years overstay here and had our interview last Wens and approved 2 days later. The overstay was never raised not was the question of intent on entry. YMMV. Good luck.

thank you! you seem to have answered a question I asked in another post as well!

Congratulations on approval.

Technically I overstayed over several periods for a total of a year. Student visa overstay, travel overstay and AOS overstay....

All was forgiven. Even me working illegally was forgiven.

Though I think in the end it depends on the agent interviewing.

I'm so afraid that I will be facing the interviewer from hell.

You might want to look for a poster called Poprocks as I think she is also Canadian and had a longer gap from entering to adjusting then me - She is a helpful person

[The_Dude 1,142]

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

Nice, this is what Kathryn41 was talking about.

I felt tempted to reply directly to the person, but I will just say that it's a shame there are people like him/her. Or that they are so judgmental, they can't imagine someone else having a different situation than them... Or that it makes them so mad, they can't help but feel anger and resentment.

Edit, because it made me laugh.

Quoted from his/her signature: "Peace to All creatures great and small............................................" Not practicing what you preach there.

Well, I hope this doesn't turn in to a slanging match.

Kittyfang, you can't really blame people who will say that. You were in a country illegally for 2 years. You overstayed your visitor's visa by 2 years! There really is no excuse for that. So if some Americans are offended by that, you truly can't be surprised. I'm sure many Canadians would be offended by an American, or any other visitor, overstaying their visa for 2 years as well.

Anyway, I have seen you post this question a few times now. I know that you would like someone to say that the interviewer will not ask you and there will be no penalty - well that may well happen, however, no one can tell you for certain. I'm sure it is nerve wracking, as you mention and I don't like to see anyone so worried.

Oh I agree with you. Overstaying for so long is not ideal. It wasn't planned that way and I certainly didn't intend on breaking any laws.

Yea... I always thought an overstay would lead to a ban. I guess I stand corrected.

I think the reason that they do not ban those who overstay is to encourage them to file for AoS. For them, it's probably better to forgive an overstay and cash in on that person's taxes and keep track of them than just spend money on tracking them down.

None the less you did break the laws and as such are subject to a 10 year ban. It's upsetting for those who did follow the rules and learned about the immigration process and did what they were supposed to see someone who did not follow the rules achieve the same outcome. Some will view you as a usurper of sorts.

#######?/ over-staying is just wrong and there is no excuse...i hope they make you start over again..and ship your azz home

Nice, this is what Kathryn41 was talking about.

I felt tempted to reply directly to the person, but I will just say that it's a shame there are people like him/her. Or that they are so judgmental, they can't imagine someone else having a different situation than them... Or that it makes them so mad, they can't help but feel anger and resentment.

Edit, because it made me laugh.

Quoted from his/her signature: "Peace to All creatures great and small............................................" Not practicing what you preach there.

Well, I hope this doesn't turn in to a slanging match.

Kittyfang, you can't really blame people who will say that. You were in a country illegally for 2 years. You overstayed your visitor's visa by 2 years! There really is no excuse for that. So if some Americans are offended by that, you truly can't be surprised. I'm sure many Canadians would be offended by an American, or any other visitor, overstaying their visa for 2 years as well.

Anyway, I have seen you post this question a few times now. I know that you would like someone to say that the interviewer will not ask you and there will be no penalty - well that may well happen, however, no one can tell you for certain. I'm sure it is nerve wracking, as you mention and I don't like to see anyone so worried.

Oh I agree with you. Overstaying for so long is not ideal. It wasn't planned that way and I certainly didn't intend on breaking any laws.

Yea... I always thought an overstay would lead to a ban. I guess I stand corrected.

I think the reason that they do not ban those who overstay is to encourage them to file for AoS. For them, it's probably better to forgive an overstay and cash in on that person's taxes and keep track of them than just spend money on tracking them down.

The reason they don't ban everyone who has an overstay is because they have neither the capacity nor the resources to enforce this. As it is currently, their only way of catching people and banning them is when they leave the country and try to come back.

[Sprailenes 47]

You probably won't find a lot of people who are in similar situations to yours, Kittyfang. Most of the people here entered the US after applying for the correct visa and going through the process and expense of getting it. Some were here on a work visa and got married while they were here and again continued the process from there. For those who decided to marry while visiting their loved one, I don't know of very many who waited a long time before they filed for the AOS. Most of them tried to take care of the paperwork right away.

Your situation is somewhat unique.

You should probably plan on having an interview and being asked about why you waited so long to file for AOS. The one advantage, as I mentioned before, is that it is hard to say you chose this route as a short-cut to getting a green card and that is in your favour. Tell the truth and things should work out.

You might not want to keep telling people that you have an overstay of 2 1/2 years - some people have difficulty dealing with those who are going through the AOS from a visitor's status, let alone an overstayed visitor, and may respond rather curtly. Just focus for now on getting the AOS filed and know that you are filing as an out-of status visitor.

I agree it was a long shot. As you've mentioned, it is a somewhat unique situation and you are most likely right about people feeling like I took this path to avoid the K-1 (which I didn't). I have been unable to file for so long, that now that I can file, time seems to have stopped and I find myself waiting on different things, like birth certificate, translations, etc. It's nerve wrecking, but I do appreciate you replying. What you've said about the overstay somewhat proving that I didn't do all this for a shortcut to a GC made me feel better and I keep that to heart. Thank you again.

3 Years overstay here and had our interview last Wens and approved 2 days later. The overstay was never raised not was the question of intent on entry. YMMV. Good luck.

thank you! you seem to have answered a question I asked in another post as well!

Congratulations on approval.

Technically I overstayed over several periods for a total of a year. Student visa overstay, travel overstay and AOS overstay....

All was forgiven. Even me working illegally was forgiven.

Though I think in the end it depends on the agent interviewing.

I'm so afraid that I will be facing the interviewer from hell.

You might want to look for a poster called Poprocks as I think she is also Canadian and had a longer gap from entering to adjusting then me - She is a helpful person

Nope, poprocks came in on a K1.