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Thread: VISA WAIVER OVERSTAYS

  1. #1
    i have an interesting situation and wonder if anyone has any advice or comments, i entered into america in dec. 2000 on a visa waiver (i-94w, from ireland), overstayed for 18 months, left and re-entered 3 months later,being granted a new visa waiver(i-94w) without any problems, i am now married to my american citizen wife with my two american born children and have my greencard interview next week in santa ana, california. my question is will i be found inadmissible at the interview and be deported or is the new i-94w considered a fresh start? any comments are welcome-and i will post my interview results on this forum one way or the other, sean

  2. #2
    i have an interesting situation and wonder if anyone has any advice or comments, i entered into america in dec. 2000 on a visa waiver (i-94w, from ireland), overstayed for 18 months, left and re-entered 3 months later,being granted a new visa waiver(i-94w) without any problems, i am now married to my american citizen wife with my two american born children and have my greencard interview next week in santa ana, california. my question is will i be found inadmissible at the interview and be deported or is the new i-94w considered a fresh start? any comments are welcome-and i will post my interview results on this forum one way or the other, sean

  3. #3
    cucullian,

    Having initially entered into the US under VWP [I-94w] and having adjusted my status to conditional permanent resident [now waiting for removal of conditions] I could advise that for sure you will be asked at the interview which one was the purpose of your last visit into the US.

    DO NOT, read well DO NOT mention anything of having plans to coming to the US and getting married with your wife that you have previosly met. The reason why is because this constitutes VISA FRAUD and is ground for denial of AOS. You should have pursue a Fiance Visa.

    Therefore when they ask you about your last visit or any of the visits that made to the US, if they ask you the purpose, FIRMLY answer that you enter as a visitor for pleasure and that you did not expect to fall in love and then marry.

  4. #4
    thank you for your reply, do you think that i will be found inadmissible and deported or will i have to file an i-601 waiver, is the fact that i was issued a new i-94w considered a fresh start or is it invalid because under the terms of the visa waiver program any overstay on a prior visa waiver meant that i was in-eligible to use it again and so my new i-94w is invalid, like i said my interview is next week and it should be interesting,to say the least.anyway thanks for your reply.sean.

  5. #5
    by the way ,here is my time line which may be of use to somebody, married 5 september,2003, filed aos package(i-130, 485,etc, no advance parole form as that would have been too risky)on 15 nov 2003,will have my funfilled interview on july 2, 2004, all filed at the local santa ana office, will post my interview details,(if myhands are not handcuffed together) sean.

  6. #6
    don't worry, your overstay will be forgiven since you are married to USC

  7. #7
    you entered legally, therefore Lucy is right, you should be forgiven... However, technically you shouldn't have been allowed to re-enter. soooo... well, it depends on their mood, be honest but brief in your answers to any questions.

    If something should go wrong, you will just have to file the I-601 and the I-212 and you should be back in the states relatively soon (assuming you do a good job on them) so, don't fret too much...

    good luck to you... I'm sure it'll all be fine!

  8. #8
    Spouse-thank you.
    I was under the impression that i could file an i-601 from inside the us,if i must move back to Ireland to file-well thats ok by me too. we will have to put our cars in the garage and have my brother-in-law take care of our house here -anyway, thank you for your kind words, one way or another i find myself glad that this matter is finally going to be resolved, i am expecting the worst but hoping for the best, dealing with the uscis sure keeps life interesting.sean,

  9. #9
    i was approved,the interview was very basic-just the questions at the end of the i-485 form, she then said that she was approving me and that we should get the card within a few months, she did not stamp my passport and i forgot to ask her to. i got an letter a few days later saying i was approved and that i could make an appointment online to have my passport stamped . bye,

  10. #10
    Congratulations!

    Did the officer ask you which one was your intent at your entry?

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