Tourist Visa Tips - Overstay

[eeden95 0]

Hi, I'm new here, although I've been reading posts for a couple months now. I was hoping to get some tips/advice. Let me explain the situation first: my fiance came to visit me in the US on ESTA. I wish I would've paid more attention to everything because it turned out, he misunderstood what ESTA meant. He read information on the USCIS website and got confused, didn't say anything about it. Long story short, he ended up overstaying by 67 days. Unfortunately, the way we found out is what caused him to get deported. 

 

We'd been pulled over for speeding a couple weeks beforehand, the officer asked for his papers and we handed them over, thinking everything was fine and dandy. The officer said he was still searching for him in the system, but let us go and we went on as usual. Fast forward two weeks and there's Border Patrol knocking on our door about his overstay. A month later and he's been deported back to his home country. Our plan was this, when he was on ESTA, to travel over the summer/fall months to different state parks and festivals, and for him to get to know my family more. Then, I'd travel to his country to meet his family. 

 

We wouldn't start the K-1 Visa process until we were back in his country. Well now, we're stuck waiting out the process, as I can't travel to him anytime soon because of medical restrictions holding me back in the US. Now here's the part where I know you'll tell me it's useless to try: we're going to apply for the B-2 tourist visa in conjunction with his 212 waiver to forgive the deportation. I KNOW it's unlikely to get accepted. Believe me, I know, after all the research. But we have the funds and the will to at least try, as it's only $160. 

 

So here's what we have to include in the B-2 Visa application/interview: 

-Home ownership 

-Affidavits from past teachers and "well respected" adults explaining his good moral character 

-Affidavit from his parents, explaining his life, family and friends in his country that he can't just leave behind, as well as his home 

-Bank statements from him, showing he can afford the trip 

-Letter from me, explaining that he is welcome to stay in my house (that I own) during the trip, as well as our plans for getting to know my family more and then flying to his country after his visit is up to get to know his family more 

-Itinerary detailing our trip, where we plan to visit, the costs 

-Ideas for flight departure/return times but NOT actual bought tickets, just "ideas" 

-Copy of his resume with recent contracts he's completed, along with copy of his certificates (he's a self-employed online contractor) 

 

I'm wondering if you guys have any advice on helping us succeed, no matter how unlikely it is. I've read enough the last couple of months to know that our chances are unlikely, I'm not here for that. Despite the unlikeliness, I just want any advice that could even just barely increase our chances. Thanks much 

 

[mcdull 474]

46 minutes ago, eeden95 said:

I'm wondering if you guys have any advice on helping us succeed, no matter how unlikely it is. I've read enough the last couple of months to know that our chances are unlikely, I'm not here for that. Despite the unlikeliness, I just want any advice that could even just barely increase our chances. Thanks much 

 

you already know 1+1=2 and you want us to convince you 1+1=3 million?

[eeden95 0]

1 minute ago, mcdull said:

you already know 1+1=2 and you want us to convince you 1+1=3 million?

more like, i already know the unlikelihood of getting accepted, but i'm still going to try, so what other pieces of documentation would be good to include? 

[mcdull 474]

1 minute ago, eeden95 said:

more like, i already know the unlikelihood of getting accepted, but i'm still going to try, so what other pieces of documentation would be good to include? 

the reason why s/he must travel to the States.

[geowrian 22,335]

The first piece is showing that you are otherwise eligibility for the tourist visa. This means showing them that you won't violate status (again), won't break any laws (again? It wasn't stated who was driving), won't become a public charge (on your own...nobody can help here), and intend to return home. From an VWP country, this is the greatest challenge.

 

The second piece is getting the waiver. This assumes he was actually removed, and it was not a voluntary departure.

 

For the first part, the affidavits carry no weight and it's unlikely the CO will look at them. The invitation letter will not be considered in their decision (see https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html).

Being a self-employed contractor that works online basically means his job is not a tie to return home, and he will likely be looked at as a potential risk to work while in the US. That counts against him, not helps him. At the same time, regardless of what info you provide here, this aspect won't change.

I wasn't 100% sure on the timeline, but if you already submitted the I-129F, then that will go against you as well.

 

I know you said you realize how low chance this is, but I think pointing out the challenges you are facing is important.

As for advice to improve your chances, there's really not much one can do...facts are facts. The CO will look at the circumstances first and foremost, well before anything the applicant says or wants to show. The best advice I can give is to focus on verifiable evidence of why he is compelled to return home, be ready to explain his past overstay (and ticket, if he was the one driving), and to be 100% honest. And just be ready to accept the result, whatever it may be.

Edited April 22, 2018 by geowrian

[SusieQQQ 11,584]

I’m somewhat confused about his apparent confusion on ESTA, because it’s a condition of being admittted on ESTA/VWP to have a return or onward ticket for within 90 days. (And we’ve seen confused VWP people on here before being refused entry for not having this.)  Did he have this and then decide to extend/overstay, or what? ... even though “confusion” is not an excuse for violating tourist stay rules, a situation like this will quite possible make his visa interview officer suspicious that his overstay was deliberate and not just confusion.  And things like “Affidavit from his parents, explaining his life, family and friends in his country that he can't just leave behind, as well as his home “ don’t mean much when he’s planning to emigrate at some point anyway...  Apart from that, as others have said and you already know, unfortunately chances of a B visa are minimal, so while it’s certainly worth a try if you have $160 to burn, have a plan B too.

Edited April 22, 2018 by SusieQQQ

[geowrian 22,335]

53 minutes ago, SusieQQQ said:

I’m somewhat confused about his apparent confusion on ESTA, because it’s a condition of being admittted on ESTA/VWP to have a return or onward ticket for within 90 days. (And we’ve seen confused VWP people on here before being refused entry for not having this.) 

Good point. A return or onward ticket within 90 days is a requirement for entry for VWP travelers. It's always highly suggested for any visitor, but it's actually a requirement in this case.

Edited April 22, 2018 by geowrian

[Going through 5,668]

9 hours ago, eeden95 said:

-Ideas for flight departure/return times but NOT actual bought tickets, just "ideas" 

Having an "idea" of when he might return to his home country, instead of an actual solid date of a return ticket will make the CO presume he will just overstay once more.  It also shows less compelling reasons for him to return since he's able to just leave it up in the air like that.

 

9 hours ago, eeden95 said:

-Affidavits from past teachers and "well respected" adults explaining his good moral character 

-Affidavit from his parents, explaining his life, family and friends in his country that he can't just leave behind, as well as his home 

Probably won't even be looked at, since such affidavits at this stage are irrelevant to a CO.  

[JFH 12,189]

How can anyone be confused by the VWP? Not only must you provide proof of a return ticket within 90 days of outbound date to be able to even board the plane here, the date you can stay until is clearly stamped in the passport. He also agreed to the terms and conditions when he applied online and checked the box that he was aware of those terms. The ESTA application website is available in various languages if English is not his first language. Just exactly how long did he think he could stay? Are you serious that the pair of you both thought he could stay the full two years or something? How long does it take to get to know your family? 

 

So he overstayed and was caught speeding (or was with you whilst you were speeding) and you want to show an affidavit of his good moral character? They will laugh at that. Also his "strong ties" such as property ownership are meaningless because he left everything before for 157 days without feeling the need or the draw to return home. One wonders how long he would have stayed if he didn't get pulled over by the cops and the overstay discovered? How was he paying his bills back home while he was spending almost 6 months here? I assume he had things like property and auto insurance and utility bills to pay - they don't go away just because you're out of the country. Was he sitting at home in your place alone all day while you were at work? Can you say with hand on heart that he did not do anything at all during that time that would be considered work by immigration officials?  Even watching someone's kids or mowing the neighbor's lawn is "work". If I don't buy it that it was an innocent mistake and he needed 157 days or more to get to know your family you can bet the officer at the embassy won't either. 

 

If you have the funds to do it, go ahead and apply. But I certainly wouldn't bet the farm on an approval any time soon. Being apart is awful. We have all been through it or are going through it. My husband and I spent the first 4.5 years of our relationship (including the first 2 years of marriage) living on separate continents and having short visits only and I promise you I do not love him any less than you love your boyfriend. But we all survive. If you're going to enter into a transnational marriage then the visa rules and regulations are going to have to become something you have to know by heart. There's just too much at stake to get it wrong. 

 

[Crazy Cat 39,218]

OP, you are wasting your time with the B2 application, imo.  His previous overstay is on his permanent record, and no competent CO will overlook that.   The "confusion" concerning ESTA just won't hold water.   I suggest you focus your energy on studying your legal options for his immigration. It won't be fast or fun, but it unless you can travel to his country, I think it is the only way.

[Lemonslice 4,553]

If your goal is still to get married and to live together in the US, I suggest you start the K1 paperwork instead of filling for a tourist visa. 

[Boiler 43,430]

What Country is he from.

 

How long ago was he deported.

 

None of those documents seem relevant, could he get a regular job?

Edited April 22, 2018 by Boiler

[JFH 12,189]

25 minutes ago, Lemonslice said:

If your goal is still to get married and to live together in the US, I suggest you start the K1 paperwork instead of filling for a tourist visa. 

Wrong thread...

Edited April 22, 2018 by JFH

[Ketsuban 1,034]

I wonder how he got confused too. I was quite young when I first visited the US (21) and I had no problems understanding at all.

[ms_bobdog 501]

I wonder what his answer was when asked how long he was planning to stay for...