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Hi All,

Its been a while since Ive been on here, so please forgive me if I am in the wrong area!

I have just called the Embassy, who have informed me that I had to email them with my info. Here's what I told them...

I entered the USA in March 2006 on a K1 Fiance Visa.

I married my Fiance( the US Citizen) on Day 90 - (June 6 2006)

After marriage we were aware that the next step was to apply for adjustment of status. We were saving to pay for this when I was taken ill and had to return home to the UK, (August 24th 2006).

I returned to the UK without filing for Advanced Parole or Adjustment of Status.

Since then, I have not been back to the US, and I am now divorced from my wife.

I've since met a beautiful girl from New Jersey, and I'd like to visit her at Christmas.

We have discussed a long term future together and will make a decision on whether to go for the K1 process or another way then.

What concerns me is travelling to the US, for a week / 10 day holiday. Can I still travel on the I-94 vwp? Will I need to apply for a visa?

I've spoken to a couple of immigration attourneys but I have had different answers! One says I can still use vwp, the other says I'll need to apply for a visa. Obviously thats not much use to me really, as I'd like a definite answer - and this site has always been a great help to me.

thanks

Richi

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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Filed: AOS (apr) Country: Philippines
Timeline

No, any previous overstay precludes you from using the VWP. If you wish to visit you will need to secure a B2 visa.

Unless you have accrued an overstay of more than 180 days, you have no ban that will requires a waiver.

Edited by payxibka

YMMV

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