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twowls

<180 day overstay, denial of entry explanations at interview

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi there.

We're getting our thoughts in order for the interview, and there are two issues that we want feedback on from any of you experts.

When we met, R overstayed his visa waiver time by a few months, less than 180 days. How do we explain this in a way that is least damaging? There were money problems, but the bottom line is that we were irresponsible and decided to wait until I finished school and leave the country together. It sort of feels like offering excuses is lame. Ideas? Anyone had a similar situation?

Second, we tried to have him visit several months later, even though we were worried about the overstay. He was approved for ESTA and so we decided to give it a shot. To say we were simply confused sounds somewhat disingenuous to me.

What's the best way to go about this? I'm concerned most about the denial of entry, as it could be interpreted as an attempt at misrepresentation. At the denial at POE, R did not lie about anything. He was told he could go home and apply for a proper visa. So that's what we did.

Thanks for any input. We want a clear, honest way of approaching this, but one that will be acceptable and reasonable to the CO. Thoughts?


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: Citizen (apr) Country: Australia
Timeline

your subject line says MORE THAN 180 days yet your post says less than. Which is it?

Could you give a proper timeline of events?

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Filed: K-1 Visa Country: United Kingdom
Timeline

your subject line says MORE THAN 180 days yet your post says less than. Which is it?

Could you give a proper timeline of events?

Damn really? I thought I had it right, too. <b>Less than</b>.  Sorry about that.<div><br></div><div>October 2008 initial entry, Jan. 2009 visa waiver expires, finally left May.  Attempt to re-enter October.</div>

Edited by twowls

owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: K-1 Visa Country: United Kingdom
Timeline

I have no idea why my post is so crazy, couldn't edit either. Sorry! Hope you can read.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: Other Country: China
Timeline

Hi there.

We're getting our thoughts in order for the interview, and there are two issues that we want feedback on from any of you experts.

When we met, R overstayed his visa waiver time by a few months, less than 180 days. How do we explain this in a way that is least damaging? There were money problems, but the bottom line is that we were irresponsible and decided to wait until I finished school and leave the country together. It sort of feels like offering excuses is lame. Ideas? Anyone had a similar situation?

Second, we tried to have him visit several months later, even though we were worried about the overstay. He was approved for ESTA and so we decided to give it a shot. To say we were simply confused sounds somewhat disingenuous to me.

What's the best way to go about this? I'm concerned most about the denial of entry, as it could be interpreted as an attempt at misrepresentation. At the denial at POE, R did not lie about anything. He was told he could go home and apply for a proper visa. So that's what we did.

Thanks for any input. We want a clear, honest way of approaching this, but one that will be acceptable and reasonable to the CO. Thoughts?

The best way is to tell the truth. So, what is the question, really?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Citizen (apr) Country: Canada
Timeline

I've edited your topic title to correctly reflect what you wanted to state. Good luck at the interview - tell the truth the way you have here - it sounds realistic and recognizes that maybe those decisions weren't the greatest in hindsight.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: K-1 Visa Country: United Kingdom
Timeline

I've edited your topic title to correctly reflect what you wanted to state. Good luck at the interview - tell the truth the way you have here - it sounds realistic and recognizes that maybe those decisions weren't the greatest in hindsight.

Thank you Kathryn. I guess I was worried that there were certain mysterious things that, if mentioned, would register as utter deal breakers at interview and thought somehow someone would magically know what those might be.

This is the worrying mind; I know obviously that honesty is the best policy. So there was not a clear cut question here, pushbrk, but a request for thoughts and input as we advance into the unknown with a great deal at stake. "Tell the truth" is not a catch-all solution because there are about ten thousand ways to describe any situation and nobody who ever spoke of anything was a perfectly objective robot when he or she did so.

One truth is that we shirked the rules because we don't care about the government very much until we need it. But we're not going to say that, you know? We're attempting to find a clear, forthright, but non-contemptible way to describe a situation we're not terribly proud of. It may be futile to expect others to provide us with a perfect way to handle it, but the urge to bounce the issue off the knowledgeable masses is there.

Thanks all for your input and patience.

--Kathryn


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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As I think we've all already concluded, honesty is the best policy for what you should do about the situation.

As far as comments and what you should expect - expect some questions, but, although I am not a lawyer, I do not believe there will be any legal ramifications for the situation you have outlined - no reason to deny your visa or give you any significant trouble over this aside from a few extra questions.

Firstly, overstays of less than 180 days do not trigger a ban on entry, so there is no ban to overcome. Secondly, simply being refused entry into the US doesn't always mean that a ban exists or that there will be any issues with the visa being issued. Many times when a person is denied entry, in legal terms they "withdraw" their request for entrance. Other buzz words might be 'without prejudice' meaning he simply wasn't eligible for entry, but there was no misrepresentation involved. he was likely denied entry for having already been in the US for 5 months that year, and overstaying the last time. It's discretionary by the CBP officer you get that day. Hopefully some of this was explained when R was turned away, or there was some paperwork?

The other thing that you might expect is some delay in your processing while the embassy completes any investigation, but if there was no misrepresentation, and no ban, the visa will come eventually. Good luck!


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Other Country: China
Timeline

Thank you Kathryn. I guess I was worried that there were certain mysterious things that, if mentioned, would register as utter deal breakers at interview and thought somehow someone would magically know what those might be.

This is the worrying mind; I know obviously that honesty is the best policy. So there was not a clear cut question here, pushbrk, but a request for thoughts and input as we advance into the unknown with a great deal at stake. "Tell the truth" is not a catch-all solution because there are about ten thousand ways to describe any situation and nobody who ever spoke of anything was a perfectly objective robot when he or she did so.

One truth is that we shirked the rules because we don't care about the government very much until we need it. But we're not going to say that, you know? We're attempting to find a clear, forthright, but non-contemptible way to describe a situation we're not terribly proud of. It may be futile to expect others to provide us with a perfect way to handle it, but the urge to bounce the issue off the knowledgeable masses is there.

Thanks all for your input and patience.

--Kathryn

No offense intended, I assure you. We all make stupid mistakes. If I were you, I would state the facts and own up to ignorance and stupidity of the actions, using words that don't sound like excuses. For what it's worth, you answered my question quite well.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Citizen (apr) Country: Canada
Timeline

I was denied entry twice to the US. Here's what happened at our interview (since you disclose it on the forms by the time you get to the interview so they already know)

CO: I see you were denied entry...twice. Tell me about it

Me: I didn't qualify for the classification of visa I was applying for so they denied me entry

CO: I see, you wanted to go and see him didn't you? (points to husband)

Me: Actually yes

CO: No harm in that.

If they ask why R overstayed his visa, answer honestly. did he do it to spend more time with you but not recognize the consquences? Did he do it because he was simply irresponsible and didn't respect immigration law? Going into a long, drawn out reason is only going to irritate the CO. Answer simply and honestly without making excuses.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: K-1 Visa Country: United Kingdom
Timeline

I was denied entry twice to the US. Here's what happened at our interview (since you disclose it on the forms by the time you get to the interview so they already know)

CO: I see you were denied entry...twice. Tell me about it

Me: I didn't qualify for the classification of visa I was applying for so they denied me entry

CO: I see, you wanted to go and see him didn't you? (points to husband)

Me: Actually yes

CO: No harm in that.

If they ask why R overstayed his visa, answer honestly. did he do it to spend more time with you but not recognize the consquences? Did he do it because he was simply irresponsible and didn't respect immigration law? Going into a long, drawn out reason is only going to irritate the CO. Answer simply and honestly without making excuses.

Good luck

Thanks muchly.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: K-1 Visa Country: United Kingdom
Timeline

Thanks muchly.

K here--Thanks pushbrk, Nik+Heather, and canadian wife! It worked: I think we both feel much better and clearer about this. Much appreciated.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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