Visa overstay

[cusco10 1]

My husband got his B1/B2 visa in 2005 when he was still underage and immigrated with his mom. He over stayed until 2013 but his visa was expired in 2010. He stayed with his mom since she was a resident but he was not. He never renewed his visa and left the country 123 days after turning 18. I would like to know if he should inform all of this in his consular appointment in Taiwan and show his old passport with his old visa so they know he was in the US before. A lso the only evidence we have showing he left the US is a stamp in his passport showing his arrival to Taiwan. Will this be enough to prove he left the US?

[evalili 10]

If you are on the NVC stage, you should be honest while filing the DS-260 form. It will ask if you have overstayed a visa or not.

IF the NVC has approved your application, then I think you should bring the documents that you have stated, old visa on the previous passport to the interview just in case they bring it up.

I think that the US would know that he left and went back to Taiwan already, because they have flight records that he did board the flight. He will have to bring his current passport with him to the interview, so show the Consulate officer if the question arises.

Edited October 17, 2016 by evalili

[dwheels76 5,486]

My husband got his B1/B2 visa in 2005 when he was still underage and immigrated with his mom. He over stayed until 2013 but his visa was expired in 2010. He stayed with his mom since she was a resident but he was not. He never renewed his visa and left the country 123 days after turning 18. I would like to know if he should inform all of this in his consular appointment in Taiwan and show his old passport with his old visa so they know he was in the US before. A lso the only evidence we have showing he left the US is a stamp in his passport showing his arrival to Taiwan. Will this be enough to prove he left the US?

Yes you will have to disclose this. Did you not mention this on your DS-260? He needs to bring it up before the CO does so he's not flagged for a misrep.

They have him in the system so they know he overstayed.

[cusco10 1]

If you are on the NVC stage, you should be honest while filing the DS-260 form. It will ask if you have overstayed a visa or not.

IF the NVC has approved your application, then I think you should bring the documents that you have stated, old visa on the previous passport to the interview just in case they bring it up.

I think that the US would know that he left and went back to Taiwan already, because they have flight records that he did board the flight. He will have to bring his current passport with him to the interview, so show the Consulate officer if the question arises.

Still not in that stage I just want to have some info about it since it worries me that it can cause problems but I will make sure I pay extra attention to my form DS-260 thanks for the reply

[evalili 10]

Still not in that stage I just want to have some info about it since it worries me that it can cause problems but I will make sure I pay extra attention to my form DS-260 thanks for the reply

you should establish a timeline, so if you have anymore questions, then it would be easier for all of us here on VisaJourney can help.

Edited October 18, 2016 by evalili