Overstayed F-1 visa, about to have an interview for CR1 visa married to US citizen.

[Chonlada 0]

I had overstayed my F-1 student visa after the end of my OPT for 107 days or 47 days if you count the grace period. It happened 1 year ago. 

 

I am going to my CR1 interview married to a US citizen. There has been 0 hiccup so far. I was honest and stated it clearly in my application to NVCthat I had an overstay. 

 

Has anyone experienced this before?

What should I be prepare for the interview?

[NikLR 13,220]

Overstay of less than 180 days doesn't have a ban.  Dont worry. 

~~removed duplicate topic with no answers~~

[TNJ17 1,329]

That’s not enough to trigger a ban. You will be forgiven the overstay due to marrying a US citizen. You won’t need a waiver. Just go to your interview with no worries. If asked, answer with the truth and you’ll be approved without issues. Don’t lie. It could get you in trouble. They are aware of your overstay. 

[geowrian 22,336]

F-1 is normally admitted as D/S anyway, so there is no accrued unlawful presence until either USCIS or an IJ determines as such.*

*This policy is changing in August 2018.

[caliliving 606]

YES! contrary to what people on this board believe. Overstay is FORGIVEN when married to a US citizen.

 

It is a NON issue!

a-you wont get a ban

b-your status is D/S

 

nothing in the interview will ever be quesitoned about your overstay. why? bc it is FORGIVEN and they can not deny you on that. I overstayed and it was a non issue at the interview. they didnt even ask why i overstayed. 

1 hour ago, geowrian said:

F-1 is normally admitted as D/S anyway, so there is no accrued unlawful presence until either USCIS or an IJ determines as such.*

*This policy is changing in August 2018.

interesting, how is it changing? 

[geowrian 22,336]

7 minutes ago, caliliving said:

YES! contrary to what people on this board believe. Overstay is FORGIVEN when married to a US citizen.

 

It is a NON issue!

a-you wont get a ban

b-your status is D/S

Item A only applies to AOS. It does not apply when going through consular processing abroad. Spouses of a USC still get a 3/10 year bar due to overstay upon exit from the US.

Quote

interesting, how is it changing? 

As of August 9th, anybody with F, J, or M statuses will start accruing unlawful presence once their SEVIS record is terminated (and the grace period expires, I believe).

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

Edited June 18, 2018 by geowrian

[caliliving 606]

Just now, geowrian said:

Item A only applies to AOS. It does not apply when going through consular processing abroad. Spouses of a USC still get a 3/10 year bar due to overstay upon exit from the US.

As of August 9th, anybody with F, J, or M statuses will start accruing unlawful presence once their SEVIS record is terminated (and the grace period expires, I believe).

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

yes once you exit you get an overstay ban! that makes sense!

 

Thank you for this new information! i feel out of the loop:/ i have been busy working/traveling alot and havent been on here much!  but that is interesting and makes sense! appreciate this information:) 

[Chonlada 0]

1 hour ago, caliliving said:

yes once you exit you get an overstay ban! that makes sense!

 

Thank you for this new information! i feel out of the loop:/ i have been busy working/traveling alot and havent been on here much!  but that is interesting and makes sense! appreciate this information:) 

Yes! I saw the new policy as well. But just to make sure.

 

This new policy will not affect my case, correct?

2 hours ago, geowrian said:

F-1 is normally admitted as D/S anyway, so there is no accrued unlawful presence until either USCIS or an IJ determines as such.*

*This policy is changing in August 2018.

Thank you!

[geowrian 22,336]

6 minutes ago, Chonlada said:

Yes! I saw the new policy as well. But just to make sure.

 

This new policy will not affect my case, correct?

Thank you!

Correct. It is not retroactive....unlawful presence would only start accruing after that date if you were 1) in the US, 2) no longer maintaining F-1 status, and 3) had no other form of authorized stay (like a pending I-485).

Edited June 18, 2018 by geowrian

[Chonlada 0]

11 minutes ago, geowrian said:

Correct. It is not retroactive....unlawful presence would only start accruing after that date if you were 1) in the US, 2) no longer maintaining F-1 status, and 3) had no other form of authorized stay (like a pending I-485).

One more thing, 

Just curious. Since F-1 is normally admitted as D/S, and there is no accrued unlawful presence until *either USCIS or an IJ determines as such.*. 

Does that mean people who were out of status for even more than 365 days then leave the US. And that won't even trigger a bar?

[geowrian 22,336]

19 minutes ago, Chonlada said:

One more thing, 

Just curious. Since F-1 is normally admitted as D/S, and there is no accrued unlawful presence until *either USCIS or an IJ determines as such.*. 

Does that mean people who were out of status for even more than 365 days then leave the US. And that won't even trigger a bar?

Short Answer: yes.

Until August 9th, unless USCIS or an immigration judge determines otherwise, there would be no 3 or 10 year bar due to unlawful presence if they are admitted as D/S.

They would have trouble obtaining any other non-immigrant visa requiring showing that they intend to return home, but it's not an issue for a K-1 or immigrant visa (like a CR-1 visa).