F1 Visa Overstay

[JJ Day 22]

I met my husband back when same-sex marriages were not eligible for I-130 petitions. I lived in the US with him as a student on a F-1 visa until 2005. From 2004-2005 I was legally working in the US as optical practical training (OPT) after completing my degree. I was devestated by the idea of being separated from him, so I remained in the US for 7 months after my OPT authorization expired and continued working. However, I could not stop worrying about a situation that I knew was wrong so I moved back to Canada and applied for his permanent residency. That was approved and we have been living in Canada together ever since. Now we would like to move back to the US so that we can be closer to his family and ailing mother. My question is, will my overstay negatively influence my application? I returned to Canada on my own accord and the only record of my overstay would be the earnings connected to my SSN. I have never been asked to leave the US, nor denied entry. I am wondering what sort of red flags this might raise, if any. This happened so many years ago that there is no place on any of the application forms that go back far enough for this to be mentioned. Should I bring this situation up or wait to see if they bring it up? I would never lie about what happened, but am unsure if it is necessary to even mention it unless asked. Thank you.

[msbau764 245]

I met my husband back when same-sex marriages were not eligible for I-130 petitions. I lived in the US with him as a student on a F-1 visa until 2005. From 2004-2005 I was legally working in the US as optical practical training (OPT) after completing my degree. I was devestated by the idea of being separated from him, so I remained in the US for 7 months after my OPT authorization expired and continued working. However, I could not stop worrying about a situation that I knew was wrong so I moved back to Canada and applied for his permanent residency. That was approved and we have been living in Canada together ever since. Now we would like to move back to the US so that we can be closer to his family and ailing mother. My question is, will my overstay negatively influence my application? I returned to Canada on my own accord and the only record of my overstay would be the earnings connected to my SSN. I have never been asked to leave the US, nor denied entry. I am wondering what sort of red flags this might raise, if any. This happened so many years ago that there is no place on any of the application forms that go back far enough for this to be mentioned. Should I bring this situation up or wait to see if they bring it up? I would never lie about what happened, but am unsure if it is necessary to even mention it unless asked. Thank you.

someone else can help you with the exact details but without a doubt you NEED to mention it. failing to do so could result in an outright ban, for 3, 10 years or life. mentioning it could result in a temporary denial which can be overcome with a "visa waiver", meaning you could eventually get in.

whatever you do, do not lie.

[JJ Day 22]

Thank you for your response. Goodness, I would never lie about what happened. It's just that there is no place on the forms where this information is requested, so I was unsure how to bring it up. This was 9 years ago and nowhere on the application does it go back that far.

[NikLR 13,232]

You would've had a 3 year ban at that time that you left. However since it was so long ago, it's not an issue since 3 years have obviously expired since then and now.