Overstayed I-94 - Is that a problem at the interview??

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velli

Registered Users (C)
Hi everyone,

I filed last week with help of a lawyer and while doing some researching found this forum. I found a lot of people with different scenerios, but noone that matches mine and was wondering if anyone has any experience, knows, or has heard about a similar case.

I will try to keep this as short as possible. I first came to the US on a J1 Visa then continued to stay on a F1 Visa until 2004. I was supposed to stay in my home country, but due to a serious relationship and for love of this country, came back on a tourist visa. We never considered getting married for immigration purposes, since people kept telling I can find sponsors or do it a different but longer way (which turned out to be a scam). Anyways I was referred to an excellent lawyer and got married at the end of Oct. and sent in my stuff right before Thanksgiving.

My Lawyer says that marriage to a US Citizen gets you pretty much approved and that the only thing that USCIS might question is, why I came on a tourist visa when i ended up staying (which i can explain but don't know if they believe it) and how i supported myself since I didn't work anywhere.

Thank you in advance for any insights and advice...
 
velli said:
Hi everyone,

I filed last week with help of a lawyer and while doing some researching found this forum. I found a lot of people with different scenerios, but noone that matches mine and was wondering if anyone has any experience, knows, or has heard about a similar case.

I will try to keep this as short as possible. I first came to the US on a J1 Visa then continued to stay on a F1 Visa until 2004. I was supposed to stay in my home country, but due to a serious relationship and for love of this country, came back on a tourist visa. We never considered getting married for immigration purposes, since people kept telling I can find sponsors or do it a different but longer way (which turned out to be a scam). Anyways I was referred to an excellent lawyer and got married at the end of Oct. and sent in my stuff right before Thanksgiving.

My Lawyer says that marriage to a US Citizen gets you pretty much approved and that the only thing that USCIS might question is, why I came on a tourist visa when i ended up staying (which i can explain but don't know if they believe it) and how i supported myself since I didn't work anywhere.

Thank you in advance for any insights and advice...
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When you marry a USC your overstay is forgiven. Unless someone came on a school visa or for work most people came on tourist visas. As long as your marriage is bonafide you have nothing to worry about.
 
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velli said:
I will try to keep this as short as possible. I first came to the US on a J1 Visa then continued to stay on a F1 Visa until 2004. I was supposed to stay in my home country..
Click to expand...
Does this mean your J1 was subject to 2 year HRR or what ? Unless that is the case, you are most probably fine.
 
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Got PR, if he was subject to the 2 year rule, he wouldn't have got an F-1 surely?

For the OP: Do you have return tickets for your arrival on the tourist visa? Or any proof that you didn't intend to immigrate like renting an apartment in your home country or anything?
 
Well, if you reconsider what your lawyer told you is not about your overstay is about that you came in a tourist visa and stay. I don't see a major issue even with that, BUT the only thing is if it's came out (that really depend in the IO that you will have) is that you must demostrate that you did not intend to stay once you enter as a tourist. Examples are when people enter in a tourist visa and get marry right away, etc.
 
Thanks for eveyone's input.

J1 was for my exchange year....F1 for my collegiate studies.

As for the "I was supposed to stay home".....

At that point I already had explored ways to stay here longer but didn't find any and was getting frustrated. I went home and talked to my parents, who at that point always wanted me to return and we looked at options. I always decided to come back here and marry my wife, so when i came back to the US i was supposed to tell her (then girlfriend) about me going back until I saved some money to properly propose. Anyways that is a lengthy story....

Bottom line is I didn't have a return ticket because I flew round trip from the US.....I would have also moved in my folks back home.

I did think maybe to give my story more credibility I could get notarized letters from my parents and from my eventual employer stating intend. i mean it will always be up to the INS Agent but it may be better than nothing.

Thank you again for your input and I am not really that worried rather than always like to look at the worst side of things....until now that made everything come out easier.

Thanks


P.S. If anyone is from the SOCAL area and would need a lawyer I would be glad to refer you to mine.....
 
dr_lha said:
Got PR, if he was subject to the 2 year rule, he wouldn't have got an F-1 surely?
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THat is correct. But i just saw the post that someone did COS from 2 yr HRR J1 to H1 in J1 section(of course that should not have happened) and got into trouble. So, I had to ask.
 
I got grilled about the a previous J-1 I had at interview, my response to them was: You think I would have got the H-1B if I was subject to the 2 year rule?

The Interviewer seemed to accept that answer! :)
 
thanks for the input again. well all i can do from now on is to wait and hear from them and post my progress on this site.
 
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