Will a B2 overstay from 2008 be forgiven when filing for CR-1 spouse visa?

[Ssonjasch 1]

Hello everybody!

I'm hoping to get some opinions on this The topic title pretty much says it already:

I'm a German woman, living in Germany. I'm engaged to a US citizen (active duty military) and we are getting married next week

In 2008 I had a B2 tourist visa, visited the US (to visit friends), but overstayed the permitted half year by roughly 3 weeks. Left the US then, haven't been back since.

When my fiance returns to the US at the end of August after our wedding (he's been stationed there since last November, was in Germany before then), we are starting the whole I-130 process.

I'm nervous about the final interview in regards to the overstay back in the day. I've heard many people say that usually it will be forgiven when filing for a spouse visa. Is that correct? Should I not worry too much?

I guess the upside is it was a rather "short" overstay that didn't cause a ban on entering, plus it's been 8 years ago...

Maybe someone here has some similar experience

[newacct 688]

There is no such thing as "forgiven" or "not forgiven". What matters is whether you currently have a ban or not. If you don't have a ban, they will not deny you an immigrant visa.

The relevant ban is the 9B unlawful presence ban. You start accruing "unlawful presence" when you stay past the date on your I-94. If you accrue 180 days of "unlawful presence" and depart the US, you have a 3-year ban; if you accrue 1 year of "unlawful presence" and depart the US, you have a 10-year ban. You departed the US after accruing 3 weeks of "unlawful presence". There never was a ban.

[Shauneg 763]

No

[Ssonjasch 1]

There is no such thing as "forgiven" or "not forgiven". What matters is whether you currently have a ban or not. If you don't have a ban, they will not deny you an immigrant visa.

The relevant ban is the 9B unlawful presence ban. You start accruing "unlawful presence" when you stay past the date on your I-94. If you accrue 180 days of "unlawful presence" and depart the US, you have a 3-year ban; if you accrue 1 year of "unlawful presence" and depart the US, you have a 10-year ban. You departed the US after accruing 3 weeks of "unlawful presence". There never was a ban.

Thank you, this has been helpful.