Brief overstay (<180 days)

[lc562 0]

My fiancé and I are planning to file the I-129F form next year. Nine years ago I accrued about 40 days of overstay in the U.S. on a R2 (nonimmigrant) visa. I left voluntarily and was never subjected to any bar. I never attempted to get another U.S. visa since then (not counting the K-1 visa my fiancé and I plan to pursue now, of course). Should I include this information in my cover letter?

[canadian_wife 1,785]

Yes, you absolutely should.  

 

Good luck 

[R1CH1991 247]

Don’t place it in the cover letter that is the not most appropriate place. The cover letter should summarily list all the evidence you are sending.

 

The correct place for this information is on the I-129F. There is a section where it asks if you have ever overstayed. 
 

I was in a similar boat I overstayed I think 39 days due to me not realizing the date stamped was the expiry (I wrongly assumed the visa validity date was what was important but hey we all learn).

 

You can add a few lines at the notes section on the back of the I-129F if you really want but this won’t cause any issues nine years later. Good luck with the process!

 

Just answer the questions they ask and nothing more as they’re busy processing thousands of petitions a week.

Edited November 7, 2021 by R1CH1991

[Chancy 6,233]

On 11/7/2021 at 3:24 PM, lc562 said:

Should I include this information in my cover letter?

 

No need for a cover letter.  USCIS does not require information about your overstay to adjudicate the I-129F.  Do make sure to disclose your overstay on the DS-160 form when your case gets to the embassy stage.

 

[lc562 0]

Hi everyone, thanks for your replies!

 

On 11/7/2021 at 7:46 PM, R1CH1991 said:

Don’t place it in the cover letter that is the not most appropriate place. The cover letter should summarily list all the evidence you are sending.

 

The correct place for this information is on the I-129F. There is a section where it asks if you have ever overstayed. 
 

I was in a similar boat I overstayed I think 39 days due to me not realizing the date stamped was the expiry (I wrongly assumed the visa validity date was what was important but hey we all learn).

 

You can add a few lines at the notes section on the back of the I-129F if you really want but this won’t cause any issues nine years later. Good luck with the process!

 

Just answer the questions they ask and nothing more as they’re busy processing thousands of petitions a week.

If I'm not mistaken, I don't believe there is a specific section in the I-129F where it asks if you have overstayed? 😅 I know the section at the very back that you're talking about though, so I guess I'll just be including that info there. Do you still recall where you mentioned your overstay during your process? I just want to avoid being accused of trying to conceal information.

 

I'm glad to hear everything worked out for you, even with the small overstay! Fingers crossed I'll be as lucky.

[R1CH1991 247]

8 hours ago, lc562 said:

Hi everyone, thanks for your replies!

 

If I'm not mistaken, I don't believe there is a specific section in the I-129F where it asks if you have overstayed? 😅 I know the section at the very back that you're talking about though, so I guess I'll just be including that info there. Do you still recall where you mentioned your overstay during your process? I just want to avoid being accused of trying to conceal information.

 

I'm glad to hear everything worked out for you, even with the small overstay! Fingers crossed I'll be as lucky.

Hi!

 

I double checked the forms and you are correct I am entirely incorrect the I-129F does not ask any questions remotely related to overstay. I do apologize.

 

I was getting mixed with the I-130 with touches on the topic about the beneficiary ever being in removal proceedings.

 

However all things considered I’ve checked over our documents and we added a single sentence in the note section. Having recently gone through the process myself, I do think this would be sufficient in your circumstances. I remember at no point did anyone ask me about it, and I felt they would at the embassy interview. I think you are truly demonstrating honesty and fronting it by voluntarily adding it on the form in the notes. In the highly highly unlikely event you are asked, you can legitimately say it was pointed out on the forms.

 

As I say, you qualify for the visa regardless it would appear even with a minor overstay so they won’t banish you forever over it. They will look at the totality of circumstances and I’m sure your case will naturally show a clear and genuine bonafide relationship and they will be happy to approve you!

 

Enjoy the day

Edited November 11, 2021 by R1CH1991
Spelling error

[Chancy 6,233]

59 minutes ago, R1CH1991 said:

I remember at no point did anyone ask me about it

 

Just to clarify -- Previous overstay is asked about and must be disclosed as part of the K1 and CR1 processes, though not on the petition forms.  At NVC/embassy stage, both the DS-160 and DS-260 forms have this question -- "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"  If the applicant answers "Yes", they will need to provide on the form a brief explanation of the circumstances of the overstay or any other visa violation.

 

[R1CH1991 247]

1 hour ago, Chancy said:

 

Just to clarify -- Previous overstay is asked about and must be disclosed as part of the K1 and CR1 processes, though not on the petition forms.  At NVC/embassy stage, both the DS-160 and DS-260 forms have this question -- "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"  If the applicant answers "Yes", they will need to provide on the form a brief explanation of the circumstances of the overstay or any other visa violation.

 

Sorry I’ve really not been much help.

 

I was asked the questions at the NVC stage on the DS-260 but not in person. Thank you for making that clear :-)

[Chancy 6,233]

2 minutes ago, R1CH1991 said:

Sorry I’ve really not been much help.

 

I was asked the questions at the NVC stage on the DS-260 but not in person. Thank you for making that clear 🙂

 

No worries.  Your original point stands -- the overstay must be disclosed, but the cover letter would not be the most appropriate place for it.