Visa Waiver overstay and CR1 U.S Spouse Visa

[jamiejohnson 0]

Hi,

I was wondering if anybody could help with a question that I have?

I am currently on the verge of an overstay in the U.S. My current visa waiver is coming to an end and I am eagerly awaiting my interview for the CR1 Spouse Visa.

Can anybody tell me if a visa waiver overstay has any effect on the CR1 Visa? i.e if i do overstay would that give the consular any reason to refuse me my U.S spouse visa?

Thanks so much in advance.

Edited March 29, 2012 by mojoman

[kzielu 1,147]

CR-1 or Aos Interview ? If really a CR-1 visa at the embassy in your home country, then if you overstay long enough to incur a ban, you will be denied.

[jaycali 415]

Overstays of up to 180 days are typically forgiven for spouses of US citizens. Overstays of 180 - 365 days will typically incur a 3 year bar from entry, and overstays more than one year will result in a 10 year bar.

That being said, if your visa interview is coming up soon i personally really wouldn't risk even a day of overstay.

The answer to your question is yes, it will matter. But if the overstay is less than 180 days it will probably be forgiven.

Edited March 29, 2012 by jaejayC

[jamiejohnson 0]

Overstays of up to 180 days are typically forgiven for spouses of US citizens. Overstays of 180 - 365 days will typically incur a 3 year bar from entry, and overstays more than one year will result in a 10 year bar.

That being said, if your visa interview is coming up soon i personally really wouldn't risk even a day of overstay.

The answer to your question is yes, it will matter. But if the overstay is less than 180 days it will probably be forgiven.

Thanks for your replys.

My interview will be in London in a month. I would be overstaying by approximately 40 days.

Would this effect my CR1 Interview?

[Pcsuper 0]

As they said above any over stay will effect your application

[jamiejohnson 0]

As they said above any over stay will effect your application

Thats not quite what they said above though.

"But if the overstay is less than 180 days it will probably be forgiven"

I just had this confirmed by an immigration lawyer who said it shouldn't effect it at all. I was mainly looking for some feedback from somebody who had been through a similar situation.

Maybe i should pose the question another way.

Has anybody overstayed in the U.S on a visa waiver under 180 days and had problems at the interview stage for a U.S Spouse visa??

Thanks.

[jamiejohnson 0]

Maybe I should pose the question another way.

Has anybody been in a similar situation and had a slight overstay UNDER 180 days and then had problems when having their CR1 Spouse visa Interview?

Edited March 29, 2012 by mojoman

[jamiejohnson 0]

Maybe I should pose the question another way.

Has anybody been in a similar situation and had a slight overstay UNDER 180 days and then had problems when having their CR1 Spouse visa Interview?

Anyone help?

[jamiejohnson 0]

Anyone help?

??

[jaycali 415]

I personally haven't. Id be surprised if they didn't ask about it at the interview though. If they do, be humble. They typically aren't too happy about people knowingly and willfully breaking their laws and then thinking it won't matter. So remember to be humble and be prepared to answer their questions if it is brought up.

But like i said. If under 180 days it will probably be forgiven.

Hopefully someone who has been in a similar situation can shed some more light on the matter.

Do keep us updated on how the interview goes though!

Edited March 29, 2012 by jaejayC

[Penguin_ie 5,986]

You won't occur an automatic ban, but they will give you a hard time over it at interview, and it may cause them to look for other reasons to deny your visa, because they COs don't like it when immigration rules are being flaunted. Why do you want to risk anything when you are so close to your goal? What is so important that you have to overstay 40 days? Remember you also have to do a medical in London etc...

[sulhaq 59]

If I were you, I wouldn't risk it. It's not worth it.

Yes, it is true that it will likely not matter, however, the answer you were given was "it will probably be forgiven"

Keyword here is probably. Meaning, although it is more than likely it won't have an effect, but it still could. It is completely at the discretion of the consular officer who interviews you and I personally wouldn't take that gamble. Hence, it is better to just return when your waiver expires and wait out the remaining days.

Edited March 30, 2012 by sulhaq

[jamiejohnson 0]

You won't occur an automatic ban, but they will give you a hard time over it at interview, and it may cause them to look for other reasons to deny your visa, because they COs don't like it when immigration rules are being flaunted. Why do you want to risk anything when you are so close to your goal? What is so important that you have to overstay 40 days? Remember you also have to do a medical in London etc...

I have had my medical in London. I am literally just awaiting my CR1 interview date, which will also be in London. I am prepared to answer any questions relating to a slight overstay but I am not sure why I would be denied a CR1 visa for a small overstay. My reasoning is because my wife suffers from depression and I do not want her to be alone for the final month or so.

I appreciate all of your opinions and my gut feeling is that so long as i do not overstay by more than 180 days all will be ok. I have spoken to a lawyer in the U.S who pretty much confirmed this to me. I was just curious to know if anyone had been denied a CR1 visa after having a small overstay on a visa waiver. It appears not??!!