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Posted

Hiya folks! 

 

I'm doing a final lookover on my husband's AOS packet (AOS from overstaying on a B2 visitors visa from Canada after marriage to a US citizen). Form i-485 part 8 question 17 asks: "Have you ever violated the terms or conditions of your nonimmigrant status?". We checked off yes since he did/is overstaying his visa. The 485 instructions state " If you answer “Yes” to any questions (or if you answer “No,” but are unsure of your answer), provide an explanation of the events and circumstances in the space provided in Part 14. Additional Information" which leaves me with a few questions.

 

1. Some of the info I've found here have said to just say nothing about the overstay unless asked. I'm not 100% confident doing that since the instructions explicitly state to give a reason. If you have experience with that route, I'm curious! 

2. We already used all the slots on the single part 14. additional info page, is it safe to just print a 2nd part 14 additional info page and explain there? 

3. He wound up interviewing for a job with the idea that he could possibly get a TN visa. It was one interview, he did not say he was a citizen, and never heard back from the company. Should we disclose this in the additional info section? 
4. How much info should we give in the additional info regarding his overstay? We are thinking of doing something like:

 

"I arrived in Boston at Boston Logan International airport in October 2017 with intentions of visiting for one month. I decided to not use my return bus and plane tickets and extend my stay. I intended to leave well before my B2 visa expired. My wife had grown tired of the long distance visits and goodbyes, and had become accustomed to living together. She asked me to marry her, wanting to begin our lives together here in the Boston area. Issues acquiring the documentation needed to file an AOS and underestimating the time needed has led me to overstay my visa."

Would that be okay? We don't want to write a whole novel about it, but I think that gets the general idea across. Thank you wonderful folks for all of your help. This wouldn't be possible without this forum! 

Married 4/12/18
Mailed AOS Packet (485, 131, 130, 130a, 864, 765) 4/9/19
Packet Delivered to Chicago Lockbox 4/12/19
NOA1 for i-130, 765, 131, 485: 4/19/19
Biometrics Notice: 4/26/19
Biometrics appointment 5/14/19
Notice For Interview 5/21/19
693 completed: 6/25/19 (appointment was 6/21/19, civil surgeon needed time to process)
Interview: 6/25/19
Approved: 6/25/19 (online case status lists new card is being produced)
GC in hand: 7/2/19

Posted

It says if you stated Yes on Questions 25.-45. Then you need to give them an explanation.

 

Doesnt say anything about question 17 on part 8. Hope this helps. 

 

Good luck.

 
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