i overstayed on a visa waiver program by 120days as i married my husband but had to return to england for my children, we filled I-130 and I-129f (K-3), they have both been approved, but on my return prior to these visas being applied for i was denied entry due to the grounds of the overstay, my question is upon going to the embassy for my interview will i be denied my spousal visa on the grounds of the overstay and have to file a I-212 waiver, the numbers that were wrote in my passport were 8CFR 217,4(9)(1), whatever that means i dont really know, but if anyone can shed some light on this for me, i would appreciate it
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i overstayed on a visa waiver program by 120days as i married my husband but had to return to england for my children, we filled I-130 and I-129f (K-3), they have both been approved, but on my return prior to these visas being applied for i was denied entry due to the grounds of the overstay, my question is upon going to the embassy for my interview will i be denied my spousal visa on the grounds of the overstay and have to file a I-212 waiver, the numbers that were wrote in my passport were 8CFR 217,4(9)(1), whatever that means i dont really know, but if anyone can shed some light on this for me, i would appreciate it
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These numbers refer to grounds of inadmissability ender the VWP.
I wish I could help you but there is not definate answer wether you will get the visa or not. I depends on multiple factors and only the consul will know the answer.
An overstay and a denied admission don't look good of course.
Whatever you do NOT lie to the consul about any of these, be honest.
Best of luck.
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Ignore my question on the other thread dee.
I kinda read your post quickly cause i have baby on my lap but usually if you are married to a USC and you are arriving to the US, they usually will not let you in because you have a good chance of staying. They like you to go through the proper proceedure.
An overstay of 120 days usually doesn't lead to a ban. I think maybe that the real reason they didn't let you in was because you were at risk of staying.
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