Fiance did not realise he may have overstayed a visa until after the interview...what to do??

[jxn 86]

I've heard in other thread that you can find I-94's online. Is that only for trip since they switched to electronic I-94's, or can people also look up their info from the paper days?

[Boiler 46,889]

B entry could be for one day but in the vast majority of cases is for 6 months.

VWP is 90 days or nothing.

No check points on the way out, only coming in.

Seems that they missed he had overstayed when he was let in on the VWP but of course has now come up. Just because he was not previously caught does not give him a pass.

[Hypnos 6,579]

OP stated that his subsequent visits on the VWP were seven years after his previous B-2 overstay, so a three year bar would have expired by then.

[Boiler 46,889]

OP stated that his subsequent visits on the VWP were seven years after his previous B-2 overstay, so a three year bar would have expired by then.

it would seem unlikely from what has been said that he ever had a ban.

The issue is his use of the VWP when not eligible.

[Hypnos 6,579]

I don't think overstay on a visa affects VWP eligibility. Overstay on the VWP itself does, but not another visa I believe. Not 100% on that though.

[Boiler 46,889]

I don't think overstay on a visa affects VWP eligibility. Overstay on the VWP itself does, but not another visa I believe. Not 100% on that though.

I have seen long debates about it, the logic of voiding a B by overstaying but not the VWP escapes me.

What matters is what the Consulate thinks. And it appears that they have an issue.

Edited September 11, 2014 by Boiler

[allyinchicago 8]

well my husband came to the US on a b1/b2 and was only granted 1 month...so not everyone gets 6 months

[Boiler 46,889]

well my husband came to the US on a b1/b2 and was only granted 1 month...so not everyone gets 6 months

Nobody said they did.

[Ian H. 207]

It's up to the discretion of the CBPO. Typically, they give people 6 months. It also depends on the purpose of the trip, I think. Like if you said hi, I'm gonna stay for 3 weeks, but I'm not sure.

well my husband came to the US on a b1/b2 and was only granted 1 month...so not everyone gets 6 months

[raven52 234]

The most important document in a person's possesion.,.,.,."and they do not know, the expiration of the visa".,.,.,. I know.,,.this is supposed to be a poaitive, encouraging, and helpful web-site.,.,.,and I am trying so hard to find something, positive about this..,.,.,.,.BUT, it is just not there.,.,.,

I do hope that he gets things headed in the right direction, and with the help of the "right" people on this site, please just do as they say.,,..this can be overcome.,,.,.,..,BUT.,.,.,NOT knowing when a visa is expiring.,.,.,well.,.,.,..

[Ian H. 207]

I have known people who have thought the expiration date of the visa is how long they could stay in the US. You have to realize that if something is that good to be true, is because it is.

Of course the CBPO could be more helpful, instead of their usual nasty attitude (I have never met a nice one) they could say "Hi, Welcome to the US, remember that you have to leave by this date, Take care." But no they prefer that people make this kind of mistake and make them pay for it later.

[MacUK 983]

I don't think overstay on a visa affects VWP eligibility. Overstay on the VWP itself does, but not another visa I believe. Not 100% on that though.

Requirements for VWP travel

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

So overstay on any sort of visa disqualifies you from using VWP.

So on all the subsequent VWP visits the OPs fiance misrepresented himself by claiming no previous overstays in order to gain entry.

Ignorance of the law is not a defence.

I'd say that this is beyond the scope of a DIY forum like this and the OP should consider seeking professional advice.

[Hypnos 6,579]

So overstay on any sort of visa disqualifies you from using VWP.

As Boiler mentioned above, I've seen mixed opinions on that. It's not set in stone.

(Edit) http://www.nolo.com/legal-encyclopedia/who-can-visit-the-us-under-the-visa-waiver-program-vwp.html is a semi-reputable source that seems to indicate overstay on any visa makes you ineligible to use the VWP.

Either way, consulting with a lawyer is likely the way to go.

Edited September 11, 2014 by Hypnos

[MacUK 983]

As Boiler mentioned above, I've seen mixed opinions on that. It's not set in stone.

(Edit) http://www.nolo.com/legal-encyclopedia/who-can-visit-the-us-under-the-visa-waiver-program-vwp.html is a semi-reputable source that seems to indicate overstay on any visa makes you ineligible to use the VWP.

Either way, consulting with a lawyer is likely the way to go.

My quote was from a reasonably reliable source

http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html

Edit

Although, looking at the ESTA application there doesn't appear to be any mention of overstay in the questions.

So although it's a VWP requirement they don't actually ask about it. Seems a bit daft to me.

Edited September 11, 2014 by MacUK

[Boiler 46,889]

It is a pre requisite to be able to apply for a ESTA, so if you fail that test then you should not be applying anyway.

The question arises is that some sources mention that if you have overstayed your VWP then you are not eligible to use the VWP again but do not go on to mention any other visas.