IR1/CR Visa - Previous overstay

[Robin Mateje 0]

Hello everyone!

Just joined visa journey today and am excited to post. I was in the United States on a F1 visa, did not attend school for the entire period. I stayed there for almost 10 years and worked odd jobs. I had a D/S stamp on the 1-94.

Last Fall, I moved to India and then married my long time American girlfriend - we've been married for 6 months now. I submitted my i-130 application and that got approved and the case is now with the National Visa Center for further processing.

What kind of questions do you think I will be asked at my visa interview? This is a petition for an immigrant visa based on marriage, do you think there would be issues with previous overstay?

I appreciate your help.

Thanks,

Sam

[Harsh_77 716]

Honestly I dont know how this would work....... I dont see any questions anyone can answer as you yourself have claimed you were in country illegally the whole time.

I am sure the officer at interview would wanna see your degree certificate from your college while u were on F1.

[Penguin_ie 5,986]

There will definitely be questions. You will probably need a waiver, but it depends....

How much of this ten years were you actually out of status?

Did you ever leave the country and re-enter with the student visa even though you weren;t a student anymore (ie missrepresentation)?

[RumbaBumba 4]

From the posts I've read on the board, sounds like you need to consult a lawyer. You got some big questions to ask. I.e. Will I have problems for approval?

When My step-father (illegal travel) married my mother and attempted to file, they told him he needed to leave the country for 10 years due to violation of the rules. He wasnt on a student visa like yours but the overstay is what worries me. Not sure if the case is similar, but you should find be able to find a solution. But these are questions I believe a Lawyer can answer. Best of luck

[Robin Mateje 0]

I don't have a degree certificate. I did not finish up college - I started to work and got jobs around. And to answer the second question, I did not leave the country and try to enter with a Student Visa. I am in touch with a Lawyer who seems certain that it is a pretty straight forward case - that kind of puzzles me. Any pointers folks can throw at me?

[Leigh Ann 8]

I don't have a degree certificate. I did not finish up college - I started to work and got jobs around. And to answer the second question, I did not leave the country and try to enter with a Student Visa. I am in touch with a Lawyer who seems certain that it is a pretty straight forward case - that kind of puzzles me. Any pointers folks can throw at me?

When did your visa expire? How long were you in the country without status?

Generally, if you've been in the country for 180 days without status, then you get a 3 year ban on returning (triggered when you leave the country) and if it's over 365 days, then you get a 10 year ban (triggered when you leave the country). That's why people are saying that it's going to be very difficult for you.

[Robin Mateje 0]

My visa expired in 2005 - I was in the country till 2009 (june). I left without any governmental interference (deportation proceedings, etc.) Will the 601 apply to me then? Will they tell me that right at the consulate?

[Leigh Ann 8]

My visa expired in 2005 - I was in the country till 2009 (june). I left without any governmental interference (deportation proceedings, etc.) Will the 601 apply to me then? Will they tell me that right at the consulate?

Someone can correct me if I'm wrong, but I'm pretty sure it attaches regardless of how you left the country. I've heard of people who have been here w/out status for longer than these time periods and they leave to go back to their country for fingerprinting/interviews at their consulate who then face the ban when they try to return -- on a legal document.

I'm not sure when you'll find out - I'm kind of surprised that the petition was approved, but perhaps someone w/ better information can come along soon and tell you about what you can expect going forward. You can probably search for similar topics here on VJ and find out some information.

Sorry to be the bearer of bad news.

Does your attorney know you overstayed for that long? If so...I'd be worried about his/her competency, unless there's some other particular reason why this isn't going to be a problem (not that any spring to mind).

[Robin Mateje 0]

thanks for the speedy response. I know that it is possible -- my friend (who came in illegally) and stayed in the country for over 10 years and then got married and had to move to Ecuador (he was in deportation proceedings). He filed at the Embassy in Quito, Ecuador and got it approved and is back in the states. Remember, he came in illegally, so there would not be a waiver to file -- unless the extreme hardship comes into the picture.

I have hired the same lawyer that my friend, above, had used during his immigration.

Also, check this video out

- which says that overstay will be nullified based on the fact that it is an immigrant visa (direct relative - spouse).

I am kinda confused -- I called the NVC and they said that the case is looking very good.

[Leigh Ann 8]

I don't know what to tell you. All I can say is that generally, yes, overstay is overcome upon marriage to a US spouse for AOS, but that's if the US stays in the country. If you're in India filing for an IR1/CR visa...that's a completely different situation and it seems like the ban should apply. Again, the ban is triggered from the time you leave the country - and people filing for AOS haven't left the country to trigger the ban.

Look, talk to your lawyer, ask him/her specifically about the issue....and then let us know what he/she says.

[Robin Mateje 0]

My wife and I went to Chennai the day before the interview. I had some issues with my application because I previously went to the United States on a student visa and had worked using my Social Security. I left the US voluntarily (no deportation/removal...). My lawyer had advised me on answering questions to the tee - and given the fact that my wife (petitioner, sponsor and US Citizen) was with me, I was more confident. I grabbed all the evidence of our marriage - photographs, photographs and more photographs, bank statements, lease, etc. We have been living together in India for the past one year - so we had enough documentation to prove that we were together.

We stayed at the Maris hotel - it is not far from the consulate in Chennai. The morning of the interview, it rained heavily, I had a cup of coffee and we grabbed an auto and got to the consulate. There was a super long line outside the consulate - since I was on a CR1/IR1 Immigrant Visa Appointment, I went to the interview 40 minutes prior to my show up time and gave the clerk in the window my interview letter and passport. He gave me a token number.

THE INTERVIEW TIME DOES NOT MEAN ANYTHING. IF YOU GET A CHANCE, GET TO THE CONSULATE EARLY. THE TOKEN NUMBER DETERMINES YOUR TIME FOR THE INTERVIEW.

The guards at the gate thoroughly check you and all the documentation I had was made into a mess. All the envelopes were opened and contents examined - they were all then stamped as being Security Verified. I was angry with the guards, they were pretty ruthless - I had my stuff in order and they totally messed it up.

I then waited in a small lounge, and was told that for Immigrant visas, I would have to run over to the next building.

In the next building (its nice, AC, toilets...) I was waiting with a bunch of children, families, and old people. There were 3 windows designated for Immigrant visas and a bunch more for non-immigrant visas.

Patience is the key here, grab a seat, go through your documentation and watch the monitor for your number. I waited over 1 hour before my number was called. I rushed to the counter. There was an Indian lady who looked at all my documents, opened my Medical report and put all my documents in a folder and asked me to wait. She said that a US visa officer will call me for an interview.

I then sat back at my seat for almost one more hour - time was going by really slow and I was getting impatient and wanted to get done. I then went to the bathroom and as the odds would strike, my number was called then! I ran to the window and it was not the interview.. it was another Indian lady who wanted my fingerprints! I gave her all ten and then she asked me to wait at my seat till my number was called again.

I waited for about 45 minutes. Like I said earlier, there were 3 windows for Immigrant visas - 2 of them manned by male officers and one female. The male officers' interviews were much longer than the female. The female had a bunch of children and families being interview and everyone was giggly and laughing. I prayed that I would get the female officer during the interview.

Suddenly, my number was called! I had the female officer. She was young (early 30's at the most). She said good morning and asked me if the interview could be conducted in English - I was ok with that. Here is what happened -

Jacques: Ma'am, my wife, Lisa is waiting outside. They did not allow her inside the consulate, if you have any questions, just so you know, she's out there.

Officer: oh ok, sorry that they did not let her in. We have limited space here. (the office looked pretty empty by that point).

Jacques: No worries.

Officer: Raise your right arm and take the oath (she held my papers face front).

Oath taken.

Officer: How did you and Lisa meet?

Jacques: In a class on Inter cultural Communication

Officer: Has Lisa been living with you?

Jacques: Yes, Ma'am, she's been here with me for a year.

Officer: Did her family come to the wedding?

Jacques: Yes Ma'am, the core of her family came over, but her grandfather could not.

Officer: oh ok - can i see some pictures

I showed her all the photos - our wedding album would not fit through the window, so I showed her about 150 loose pictures of me, my wife and our families.

Officer: good - do you have any pictures of the marriage being consummated?

Jacques: Yes Ma'am (I showed her a couple)

Officer: Congrats! Your visa is approved.

Jacques: Awesome! Thank you. I don't know what to do now :-)

Officer: Well, first celebrate and then you're going to America!

I thanked her and ran out of there like the wind. Then I paid my VFS Fees and got my visa by courier in 3 days!

Lessons learnt -

1. Get to the consulate early

2. All envelopes are examined, it would be easier if you had all the envelopes in one folder and all the contents in another. Once they are examined, you can put them back in.

3. Eat a breakfast - you will be waiting (I ate some Idli and coffee). The prices for snacks in the consulate are pretty exorbitant - although you will not feel like eating.

4. PLENTY OF DOCUMENTATION - Carry almost everything you have - no shame - I printed out all our email conversations, chats, photos, itineraries, hotel receipts and more.

5. Wear formals - wear something formal - I wore a blazer and my lucky blue shirt :-)

6. AT THE INTERVIEW - SMILE, DON'T LOOK NERVOUS. LOOK JOVIAL AND CONFIDENT (no matter how messed up your case is) and it will work in your favor. Look the officer in the eye, have a smile on your face and then answer the question.

Remember - the officers are working to help you succeed - you want to make their job easier, so smile and look pleasant and be confident in your answers.

7. Celebrate when you get the visa! Go get a beer and decompress after you are done.

I had a fantastic visa interview experience (although I never want to go through it again )

Cheers all!

[RichiJenny 14]

Congratulations, thats great news for you and your family - so the Embassy didnt mention your overstay - or was it forgiven?

[LotofPatience 65]

My wife and I went to Chennai the day before the interview.

I had a fantastic visa interview experience (although I never want to go through it again )

Cheers all!

Congratulations and excellent overview :dance:

My wife will be there in another 8 days

Loto

[RichiJenny 14]

Theres hope for me yet! if I dont have to use this waiver - Im putting it on ebay!

[LotofPatience 65]

Theres hope for me yet! if I dont have to use this waiver - Im putting it on ebay!

This is what I told you Richi on the other day. If CO asks the waiver, produce it. Otherwise, frame it and hang it in your bedroom

Loto