NVC and OVERSTAY

[Alberto Junior 12]

I went to the USA as student (F1 Visa) but I didn't keep a good GPA so they terminated my I20. I overstayed for 2 years.

During my overstaying I got married with my girlfriend who was only a Green Card holder.

I left USA on my own in Set. 2018, without any trouble with the justice.

My wife is now a US Citizen and she applied for I-130 for me and it got approved by USCIS.

But on NVC, filling the DS260 form, there is a question about overstaying that I have to answer YES or NO.

If I tell them that I've had overstayed, will impact their decision of giving me a visa?

Aren't the spouses of US Citizen exempt from overstay sanctions?

[Mike E 7,940]

24 minutes ago, Alberto Junior said:

 

If I tell them that I've had overstayed, will impact their decision of giving me a visa?

 

If you lie, they will determine you lied, and deny the visa.

 

I believe you are subject to a ten year bar, and so you should get an immigration attorney.

 

Spouses of US citizens who adjust status within the USA are often excused. But you aren't in the USA.

Edited October 23, 2020 by Mike E

[Boiler 37,059]

You left you are not adjusting in country.

 

Students are usually admitted DS so you may or may not have accumulated an overstay and subject to a bar.

 

Lying will just add a misrepresentation ban.

[Crazy Cat 32,383]

48 minutes ago, Alberto Junior said:

I went to the USA as student (F1 Visa) but I didn't keep a good GPA so they terminated my I20. I overstayed for 2 years.

During my overstaying I got married with my girlfriend who was only a Green Card holder.

I left USA on my own in Set. 2018, without any trouble with the justice.

My wife is now a US Citizen and she applied for I-130 for me and it got approved by USCIS.

But on NVC, filling the DS260 form, there is a question about overstaying that I have to answer YES or NO.

If I tell them that I've had overstayed, will impact their decision of giving me a visa?

Aren't the spouses of US Citizen exempt from overstay sanctions?

I strongly advise you to answer truthfully.  The government already knows the answer to that question.  A lie, on your part, will possibly result in a lifetime ban for misrepresentation.   As has been stated, you might already be subject a ban for the overstay.  During the interview, the CO will inform you if you are barred, and if there is a waiver.

[Alberto Junior 12]

3 hours ago, Mike E said:

If you lie, they will determine you lied, and deny the visa.

 

I believe you are subject to a ten year bar, and so you should get an immigration attorney.

 

Spouses of US citizens who adjust status within the USA are often excused. But you aren't in the USA.

Thank you so much for your contribution

3 hours ago, Boiler said:

You left you are not adjusting in country.

 

Students are usually admitted DS so you may or may not have accumulated an overstay and subject to a bar.

 

Lying will just add a misrepresentation ban.

Thanks a lot 🙏🏽

[Alberto Junior 12]

3 hours ago, Lucky Cat said:

I strongly advise you to answer truthfully.  The government already knows the answer to that question.  A lie, on your part, will possibly result in a lifetime ban for misrepresentation.   As has been stated, you might already be subject a ban for the overstay.  During the interview, the CO will inform you if you are barred, and if there is a waiver.

Thank you

I'll tell them the truth and hope that there's a waiver.

[Boiler 37,059]

There is a waiver, unclear if you need one, most Students do not.

[Alberto Junior 12]

4 minutes ago, Boiler said:

There is a waiver, unclear if you need one, most Students do not.

I hope I'm one of those who don't.

Thanks once again

I'll just tell them the truth, because if they find out that I'm lying, it will be worse.

[carmel34 2,934]

22 hours ago, Alberto Junior said:

 

Aren't the spouses of US Citizen exempt from overstay sanctions?

She wasn't a USC at the time of your overstay, she was only a LPR.  So you did the right thing by leaving the country and doing consular processing.  I hope it eventually works out for you so that the two of you can be together again.  Good luck!

[Alberto Junior 12]

17 minutes ago, carmel34 said:

She wasn't a USC at the time of your overstay, she was only a LPR.  So you did the right thing by leaving the country and doing consular processing.  I hope it eventually works out for you so that the two of you can be together again.  Good luck!

Thank you so much

We have a daughter, and she will be one year old tommorow, but I haven't touched her. Just video calls.

I really appreciate your good wishes.

Thanks a lot

[Boiler 37,059]

Presumably she has visited you, well since you were deported.

[Alberto Junior 12]

22 minutes ago, Boiler said:

Presumably she has visited you, well since you were deported.

Hahah! I wasn't deported. I came because of my Dad's health conditions. She came with me, stayed for about 7 months and had to go because we didn't wanna lose her resident status.

[Boiler 37,059]

Oops was thinking of the other thread, you just had an overstay which may not be counted.

[Alberto Junior 12]

5 hours ago, Boiler said:

Oops was thinking of the other thread, you just had an overstay which may not be counted.

Very nice

Thanks for the support.

[HRQX 4,142]

On 10/23/2020 at 1:51 PM, Alberto Junior said:

I'll tell them the truth and hope that there's a waiver.

Were you admitted for Duration of Status (D/S)? https://fam.state.gov/FAM/09FAM/09FAM030211.html

"DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

...

(2) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made"