Kimberley

Hello.

My fiancee and I have been approved Stateside for interview in London. I have all the forms asked for and copies etc.

In June of 2000 I visited the USA to travel with friends. During that stay one of the friends was taken ill. We contacted a lawyer as we were very close to the end of our permitted time allowance in the US. He stated that we were able to overstay by 30 days but then must leave. Relieved we rebooked tickets for 30 days later and then left. It wasn't until I started to look into the K1 process that I realized that although you can gain a waiver to overstay 30 days you have to do that -before- the time allotted expires. I contacted the embassy in London who said I needed a B2 visa to be able to travel again. I changed passports as my old one was about to expire and sent off for the B2 visa which was granted as B1/B2 Multiple entry 10 year. I have since entered twice on the B2 for holidays in 2001 and had no problems although I was asked at POE why I had a B2 visa if I was only staying 3 weeks, I did not lie, and told the officer "because I once overstayed" and he interrupted "Oh, that'll do it!" and stamped my passport with no problems.

However, now I have the interview looming and am wondering if this will cause me problems? It's the same consulate who issued the B2 and on the K1 forms where it asks if you have ever broken the violations etc etc I said yes and stated reason as 30 day overstay on Visa Waiver and that I was issued a B2 visa.

Has anyone else had experience with this? I suppose I feel that if there was a problem surely they would have said something before now, but, reading some horrendous stories which I'm sure I shouldn't do since it just makes me paranoid.

Thanks!

Andy Platt

I would relax. Since they issued you a tourist visa after the previous overstay, the
probability about them being worried about issueing a visa that allows immigrant
intent is practically zero. As you probably know the law on overstaying can be broken
into two parts: (a) If you overstay by any amount of time you nullify your current
visa (including the ability to use the visa waiver) and must apply for a new visa;
(b) If you overstay by six months or more you are subject to the ban.

Andy.

--
I'm not really here - it's just your warped imagination.

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M.Morris8

Thank you Andy.

I did think that because I had the B2 visa and was totally honest about everything
and had no issues with that, it wouldnt effect it. Then I kept reading about people
who had overstayed and then needed waivers, but I think that was because they didnt
admit the overstay or tried to re-enter and lied on the back of the VWP form or
something similar.

I'm glad I told the truth even though people had said that because I had a new
passport they wouldnt have known anyway.

You have made me feel 100% better, thank you for that!

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any
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[usenetquote2]> > Hello.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > My fiancee and I have been approved Stateside for interview in London. I have all[/usenetquote2]
[usenetquote2]> > the forms asked for and copies etc.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > In June of 2000 I visited the USA to travel with friends. During that stay one of[/usenetquote2]
[usenetquote2]> > the friends was taken ill. We contacted a lawyer as we were very close to the end[/usenetquote2]
[usenetquote2]> > of our permitted time allowance in the US. He stated that we were able to[/usenetquote2]
[usenetquote2]> > overstay by 30 days but then must leave. Relieved we rebooked tickets for 30 days[/usenetquote2]
[usenetquote2]> > later and then left. It wasn't until I started to look into the K1 process that I[/usenetquote2]
[usenetquote2]> > realized that although you can gain a waiver to overstay 30 days you have to do[/usenetquote2]
[usenetquote2]> > that -before- the time allotted expires. I contacted the embassy in London who[/usenetquote2]
[usenetquote2]> > said I needed a B2 visa to be able to travel again. I changed passports as my old[/usenetquote2]
[usenetquote2]> > one was about to expire and sent off for the B2 visa which was granted as B1/B2[/usenetquote2]
[usenetquote2]> > Multiple entry 10 year. I have since entered twice on the B2 for holidays in 2001[/usenetquote2]
[usenetquote2]> > and had no problems although I was asked at POE why I had a B2 visa if I was only[/usenetquote2]
[usenetquote2]> > staying 3 weeks, I did not lie, and told the officer "because I once overstayed"[/usenetquote2]
[usenetquote2]> > and he interrupted "Oh, that'll do it!" and stamped my passport with no problems.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > However, now I have the interview looming and am wondering if this will cause me[/usenetquote2]
[usenetquote2]> > problems? It's the same consulate who issued the B2 and on the K1 forms where it[/usenetquote2]
[usenetquote2]> > asks if you have ever broken the violations etc etc I said yes and stated reason[/usenetquote2]
[usenetquote2]> > as 30 day overstay on Visa Waiver and that I was issued a B2 visa.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Has anyone else had experience with this? I suppose I feel that if there was a[/usenetquote2]
[usenetquote2]> > problem surely they would have said something before now, but, reading some[/usenetquote2]
[usenetquote2]> > horrendous stories which I'm sure I shouldn't do since it just makes me paranoid.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

Rita

"m.morris8" <[email protected]>
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A new passport would not have erased any data the INS has on you in their computer
banks. Your friends believing that because your new passport does not show your
overstay doesn't mean the occurrence was not recorded.

You were right to be honest. It should be fine.

Rita