Tourist visa accidentally overstayed, could be flagged?

[AlyssaM 1]

Hi everyone,

Now that I'm starting this process, something came up that I thought I would ask. One time when my fiance came out to visit me (I think it was two years ago?) the incompetent desk worker at LAX didn't take out the green tourist visa (I-94?) from his passport. When we got a letter from immigration telling him that he overstayed his visa, we found out it was due to this incident and immigration made it sound like it wasn't a big deal. We wrote a letter which explained what happened, submitted proof that he was indeed back in France (work signatures, pay stubs, receipts, etc.) everything seemed to be behind us. He's come several times since then and never had a problem.

I completely forgot about all that until I started filling out these forms. Since he technically was in the system as having overstayed his visitor's visa, even if it wasn't his fault and it all got cleared up, is there a chance that he will be flagged when I send in his petition?

Any thoughts or advice is helpful, thank you....

[Dakine10 5,452]

Hi everyone,

Now that I'm starting this process, something came up that I thought I would ask. One time when my fiance came out to visit me (I think it was two years ago?) the incompetent desk worker at LAX didn't take out the green tourist visa (I-94?) from his passport. When we got a letter from immigration telling him that he overstayed his visa, we found out it was due to this incident and immigration made it sound like it wasn't a big deal. We wrote a letter which explained what happened, submitted proof that he was indeed back in France (work signatures, pay stubs, receipts, etc.) everything seemed to be behind us. He's come several times since then and never had a problem.

I completely forgot about all that until I started filling out these forms. Since he technically was in the system as having overstayed his visitor's visa, even if it wasn't his fault and it all got cleared up, is there a chance that he will be flagged when I send in his petition?

Any thoughts or advice is helpful, thank you....

It sounds like you followed the correct procedure for documenting departure after the fact. Dated pay stubs are are on the list of evidence that USCIS accepts for this purpose.

https://help.cbp.gov/app/answers/detail/a_id/752/~/how-to-record-departure-from-the-united-states-after-the-fact

[Dan & Jenni 457]

the fact that he has never had a problem entering america since then should mean that it will be fine

[AlyssaM 1]

It sounds like you followed the correct procedure for documenting departure after the fact. Dated pay stubs are are on the list of evidence that USCIS accepts for this purpose.

https://help.cbp.gov/app/answers/detail/a_id/752/~/how-to-record-departure-from-the-united-states-after-the-fact

Thanks everybody. Do you think that even though he hasn't had any problems since, the record isn't still in the system somewhere that could cause a problem while applying for the K-1? I guess I will just keep a copy of what I sent in to prove he left and if I get an RFE I can send those documents.

[Dan & Jenni 457]

whether its still in the system or not it shouldnt cause a problem as he didnt overstay... i really wouldnt worry about i... but yes keep a copy of all the proof you sent them and any letters/emails received as even though it shouldnt come up at any point it is best to be safe

Edited September 20, 2011 by Dan & Jenni