Well I know this may be an stupid Question

[love100 0]

Hello:

Me and my fiance just sent our I-129 F petition last week, so we are wating to get approved by the Uscis.

When i was in USA, I have overstayed my visa for 1 DAY. My visa expired, and i had 30 days of grace, but i left USA in the day 31.

I was looking on this forum and over internet for some answers and everywhere they talk about a ban of 3 years (if you stay illegaly for more than 180 days but less than 1 year) and a ban of 10 years (if you stay illegaly for more than one year), someone correct me if i am wrong.

Well,Neither of them apply to my case, So i wonder if i still have to file a I-601 waiver or some another form.

When the day of my interview comes i am not going to lie in the DS-156 form (in the question where they ask if i stayed illegaly in USA) even knowing I stayed illegal for only 1 day

The bad thing the dont ask in the DS-156 Form, how many days one have stayed illegaly or the reasons, so i can explain that it was only for 1 day and that it was an oversight.

Any advice?? Thanks!!

[YuAndDan 153]

A 1 day overstay will not triger a ban so will not require a waiver.

Be honest when answering questions, the overstay should be in the file USCIS sends over for interview they may or may not question you about it.

[Ashley y Diego 3]

It seems like the best course of action is to continue the process normally and be honest and open about everything throughout. Although the forms make it seem like they're not, the people reviewing your case are humans so they won't automatically do anything without checking out your specific case. This means it is a slow process! But is good for people like you who need that level of "real" review.

If you are seriously worried now, or if you run into problems later, I suggest as a potential resource for help/answers that the USC contact their congressional representative. They will definitely treat you as a unique individual and be able to sympathize with the situation, and communicate more quickly than you probably can with USCIS/government entities.

Best wishes!