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D-160 VISITING STATES HELP

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I'm a canadian citizen and I have visited the states a lot in my life with parents. I can't remember all the visits, or even most of them. I can guess recent visits but thats about it.

Now VERY IMPORTANT QUESTION. I applied for an extension of stay the first time I visited my fiance ONE DAY before my I-94 expired. it wasn't accepted or denied due to a confusion (the case status said it was being OPTIMIZED) so I overstayed for 3 months waiting for a response. The USCIS officers kept telling me not to worry since if I get denied - I will just go back and my overstaying wont count. If I get accepted and go back - my over stay wont count.

I left before any response, I had my reciept for the extension of stay in case of trouble. My passport expired and I got a new passport with new passport number. I was able to travel back to the states (with many question from border patrol because I said I was visitng my boyfriend and they were afraid i'd immigrate illegally but they let me through). I stayed for under 6 moths and did not overstay. I called USCIS a bunch of times before filing for K1 and told them what happened with my extension of stay and if i would be denied a k1 and if I overstayed. They said NOT TO WORRY and said as long as i didn't get deported (i didn't), I would not have any trouble. I checked half a year or so later after leaving states for the first time (the overstay trip) and my case had been accepted.

NOW MY QUESTION REGARDING D-160

When it says travel in US and date I arrived in US and how long I stayed - what do I say for that trip?

Do I say 9 months? or 6? I don't want to lie but I have no option to write an explanation of my overstay in the visa. Its all online. I don't want to be in trouble, I tried to do everything to avoid trouble and now im worried that this is going to delay and/or deny my k1 visa. I need advise. What do I do? I was assured that I my stay in the US during that trip would not affect my visa because I wasn't deported and technically did not over stay or was out of status according to USCIS. So what do I do for that part of the form?

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Do what you're supposed to do and write the dates you were here. They already know them anyway as it's in the system. If they have a question about your staying over then they'll ask you, period. Don't over complicate it and don't lie.

If you are worried that telling the truth will delay or deny your k1 imagine what lying will do.,

Edited by Shauneg

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Never lie on any immigration forms, ever.

You need at least 180 days of unlawful presence to incur a 3 year time bar anyway. You had no bar, as you were allowed back in the US after overstaying. If you just tell the truth, you should be fine. Why even think of lying?

~ Duplicate topic removed ~

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Never lie on any immigration forms, ever.

You need at least 180 days of unlawful presence to incur a 3 year time bar anyway. You had no bar, as you were allowed back in the US after overstaying. If you just tell the truth, you should be fine. Why even think of lying?

~ Duplicate topic removed ~

Do what you're supposed to do and write the dates you were here. They already know them anyway as it's in the system. If they have a question about your staying over then they'll ask you, period. Don't over complicate it and don't lie.

If you are worried that telling the truth will delay or deny your k1 imagine what lying will do.,

alright i do not at all appreciate being assumed and accused of lying. As I have mentioned in my post - my situation is a bit particular and I DID NOT KNOW what the CORRECT answer was. USCIS told me my "overstay" didn't COUNT, so I was confused about what is considered "length of stay" for the "how long was your stay" question. I did not know if it meant physically staying in the country or length of stay based on status. If it was how long I physically stayed then 9 months is the answer. If its how long was my stay based on status in the country then 6 months must be true since I was told by officers that the 3 extra months wouldnt count. I did not know that they could check how long my physical stay was because they told me something different and I didn't want an incorrect answer on my visa form.

I didn't want to write the WRONG answer to delay the forms. ALL i asked is what the correct answer was based on my situation - I have never done anything illegal or dishonest in my life and I will not lie on the form so don't assume I would or intend to. Jeez, I just asked for advice.

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Give them the dates that you were physically present in the USA. They will know anyways.

Thanks- will do.

Now any advice on my previous visits? I have visited the states so much in my life living close to the border. I cant remember most of the visits - just a few from when I was 16 +.

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But it's not that particular, the issue comes up all the times on here. I have no idea if you intended to lie or not, doesn't matter to me....just simply stated that it would be lying.

alright i do not at all appreciate being assumed and accused of lying. As I have mentioned in my post - my situation is a bit particular and I DID NOT KNOW what the CORRECT answer was. USCIS told me my "overstay" didn't COUNT, so I was confused about what is considered "length of stay" for the "how long was your stay" question. I did not know if it meant physically staying in the country or length of stay based on status. If it was how long I physically stayed then 9 months is the answer. If its how long was my stay based on status in the country then 6 months must be true since I was told by officers that the 3 extra months wouldnt count. I did not know that they could check how long my physical stay was because they told me something different and I didn't want an incorrect answer on my visa form.

I didn't want to write the WRONG answer to delay the forms. ALL i asked is what the correct answer was based on my situation - I have never done anything illegal or dishonest in my life and I will not lie on the form so don't assume I would or intend to. Jeez, I just asked for advice.

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alright i do not at all appreciate being assumed and accused of lying. As I have mentioned in my post - my situation is a bit particular and I DID NOT KNOW what the CORRECT answer was. USCIS told me my "overstay" didn't COUNT, so I was confused about what is considered "length of stay" for the "how long was your stay" question. I did not know if it meant physically staying in the country or length of stay based on status. If it was how long I physically stayed then 9 months is the answer. If its how long was my stay based on status in the country then 6 months must be true since I was told by officers that the 3 extra months wouldnt count. I did not know that they could check how long my physical stay was because they told me something different and I didn't want an incorrect answer on my visa form.

I didn't want to write the WRONG answer to delay the forms. ALL i asked is what the correct answer was based on my situation - I have never done anything illegal or dishonest in my life and I will not lie on the form so don't assume I would or intend to. Jeez, I just asked for advice.

You are the one that stated you don't want to lie, but you cannot explain and don't want to get in trouble. If you don't want anyone to assume you may be willing to lie on the forms, then perhaps you should word your questions differently.

If it asks you how long you stayed and you stayed for 9 months, then the CORRECT answer would be 9 months. If you put 6 months because you are afraid to mention the 3 months of overstay, then that would be a lie. You asked and I answered. That was my advice. Just answer all the questions honestly without reading more into them. Answer exactly what they ask without fear of 'getting in trouble' for listing the actual length of time you were in the US for that visit.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Even if they told you the overstay was "okay". In the system it will show the date you entered and left the country. Just because it was "okay" doesn't change the date you went back into Canada.


With that said, tell them all the ones you can remember, any stamped in your passport, and be as honest and close as possible to the dates entered and returned.

Here's two things that will happen:

You put that you were only in for six months, and they'll pull up that you were there for nine months and ask why you didn't put the other three months. You get to try to explain.
You put you were there for nine months, they see it and it's either no big deal or they ask why you were there for nine months instead of six.

Either way it ends up just about the same, all they have to do is pull up their logs of you entering and leaving the country, but I'd say just putting 9 months is a lot better. Yes you don't get to explain it online but you get to explain it to a person, and they may not even bother with it.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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alright i do not at all appreciate being assumed and accused of lying. As I have mentioned in my post - my situation is a bit particular and I DID NOT KNOW what the CORRECT answer was. USCIS told me my "overstay" didn't COUNT, so I was confused about what is considered "length of stay" for the "how long was your stay" question. I did not know if it meant physically staying in the country or length of stay based on status. If it was how long I physically stayed then 9 months is the answer. If its how long was my stay based on status in the country then 6 months must be true since I was told by officers that the 3 extra months wouldnt count. I did not know that they could check how long my physical stay was because they told me something different and I didn't want an incorrect answer on my visa form.

I didn't want to write the WRONG answer to delay the forms. ALL i asked is what the correct answer was based on my situation - I have never done anything illegal or dishonest in my life and I will not lie on the form so don't assume I would or intend to. Jeez, I just asked for advice.

But it's not that particular, the issue comes up all the times on here. I have no idea if you intended to lie or not, doesn't matter to me....just simply stated that it would be lying.

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