k1 visa over stay visa waiver hardship

[ingm 0]

hi

am new to all this and i guess like everyone we have no money for a lawyer, here's hoping someone can help;

1. I am a UK national, I am male aged 39 and have never been married. I have been to the United States on several occasions using the visa waiver program. Basically people from the UK can stay for 3 months without a visa.

2. In June 2007 I visited the United States again under the visa waiver program. I had a return ticket and I was meant to return in September 2007. However, I over stayed and did not return to the UK until May 2008.

3. In March 2008 I met my girlfriend a US citizen and we dated. Things were not that serious so in May 2008 I voluntarily left the United States and returned to the UK.

4. Therefore as I understand things I have a 3 year ban from coming back to the United States.

5. I spoke to my girlfriend on a daily basis over the internet and she decided to come and visit me in the UK. She came in September 2008 and stayed for 2 weeks.

6. I visited some friends in Canada in December 2008 and attempted to cross into the United States at a border crossing, again using the visa waiver program, I was not admitted. Not wanting to get into trouble after 8 hours of questioning with no food I signed a statement saying that I left the United States in September 2008. Basically a lie.

7. My girlfriend and I then decided to get married. I know I need a k1 visa and a hardship waiver and some other documents. However, there is the lying to the Border People. Does this mean that I made a misrepresentation and can never be let in?

Thanks for looking

[Marina-Del 10]

am new to all this and i guess like everyone we have no money for a lawyer, here's hoping someone can help;

It's not cause we don't have money that we don't have lawyers, it's because you DON'T NEED A LAWYER, in almost all cases. But maybe this case does....

1. I am a UK national, I am male aged 39 and have never been married. I have been to the United States on several occasions using the visa waiver program. Basically people from the UK can stay for 3 months without a visa.

Correct

2. In June 2007 I visited the United States again under the visa waiver program. I had a return ticket and I was meant to return in September 2007. However, I over stayed and did not return to the UK until May 2008.

Bad bad bad

3. In March 2008 I met my girlfriend a US citizen and we dated. Things were not that serious so in May 2008 I voluntarily left the United States and returned to the UK.

still bad bad bad

4. Therefore as I understand things I have a 3 year ban from coming back to the United States.

Correct

5. I spoke to my girlfriend on a daily basis over the internet and she decided to come and visit me in the UK. She came in September 2008 and stayed for 2 weeks.

OK

6. I visited some friends in Canada in December 2008 and attempted to cross into the United States at a border crossing, again using the visa waiver program, I was not admitted. Not wanting to get into trouble after 8 hours of questioning with no food I signed a statement saying that I left the United States in September 2008. Basically a lie.

Also bad, lying is bad. You should have told the truth and accepted the 3 year bad, hopefully you wont get caught but if you do, your in for a longer wait

7. My girlfriend and I then decided to get married. I know I need a k1 visa and a hardship waiver and some other documents. However, there is the lying to the Border People. Does this mean that I made a misrepresentation and can never be let in?

If they catch you in the lie (which sounds like to me they will) then you will be in some big mess, but I'm not sure if that includes NEVER being let in...but it will for sure include a longer ban than you would have had if you had just accepted the 3 years (starting in Sept 2008). Also, getting a hardship waiver is going to be basically impossible. They hardly ever give these things out and from what you've written here I can't see a good reason for one, but perhaps you are not telling us something (like your American grandmother was dying and therefore you were the only one who could stay in the US to take care of her, or something). The US doesn't like lying. You lied to them already, how can they trust you?

Hopefully someone a bit more knowledgeable then me can give you more details. Does your lady want to move to the UK?? Sounds like the best bet to me. But don't give up until you get all the answers....there is very likely something I am unaware of.

Edited June 18, 2009 by Marina-Del

[Bobby+Umit 161]

Why would you sign something saying you left in September 2008, when you actually left in May 2008?

Did you mean Sept 2007?

[ingm 0]

Why would you sign something saying you left in September 2008, when you actually left in May 2008?

Did you mean Sept 2007?

Sorry yes it was September 2007. She cant come here as she has to look after her elderly father and she has debts in the States.

[Bobby+Umit 161]

Why would you sign something saying you left in September 2008, when you actually left in May 2008?

Did you mean Sept 2007?

Sorry yes it was September 2007. She cant come here as she has to look after her elderly father and she has debts in the States.

Well - sounds like your in the system (if they detained you attempting to come in the US via Canada) - so this may come back to grab you.

I would recommend a lawyer. Misrepresentation is very serious with the USCIS. (there is a story on the news board here where the couple lied about their relationship and got hit with a big ban).

In fact, from the cases I have looked at, they forgive almost everything (within reason), but not lying. Or EWI.

Your 3 year may turn into a lifetime ban, so laywer time for sure!

[Chica Yeyé 41]

Indeed, consult a competent immigration attorney and prepare for a long and hard process. Lying is not good. Ever.

[msu17 0]

Yours is a case where a consultation at least with a lawyer would be very useful. Make sure you check with your state's bar association and make sure to investigate how much experience the firm has with family based immigration before you retain them.

[Ed+Cindy 1]

We used a lawyer and it wasn't necessary and I don't recommend them to most people.

However, in your case, you need to consult a lawyer. Call several immigration lawyers in your area and based on the initial impression from the phone calls, meet with a couple of them and them pick one to help you.

Expect the process to take a while. You may need to file waivers, which take time and money. Also, the border issue from Canada where they detained you will probably cause you to undergo more security checks with USCIS. Your NOA2 approval time will be long (most likely).

Best of luck.

[strangerinamerica 0]

hi

am new to all this and i guess like everyone we have no money for a lawyer, here's hoping someone can help;

1. I am a UK national, I am male aged 39 and have never been married. I have been to the United States on several occasions using the visa waiver program. Basically people from the UK can stay for 3 months without a visa.

2. In June 2007 I visited the United States again under the visa waiver program. I had a return ticket and I was meant to return in September 2007. However, I over stayed and did not return to the UK until May 2008.

3. In March 2008 I met my girlfriend a US citizen and we dated. Things were not that serious so in May 2008 I voluntarily left the United States and returned to the UK.

4. Therefore as I understand things I have a 3 year ban from coming back to the United States.

5. I spoke to my girlfriend on a daily basis over the internet and she decided to come and visit me in the UK. She came in September 2008 and stayed for 2 weeks.

6. I visited some friends in Canada in December 2008 and attempted to cross into the United States at a border crossing, again using the visa waiver program, I was not admitted. Not wanting to get into trouble after 8 hours of questioning with no food I signed a statement saying that I left the United States in September 2008. Basically a lie.

7. My girlfriend and I then decided to get married. I know I need a k1 visa and a hardship waiver and some other documents. However, there is the lying to the Border People. Does this mean that I made a misrepresentation and can never be let in?

Thanks for looking

You didn't do a smart thing by signing something that obviously wasn't true, and you were out of status by over 180 days by the time you left. When they (USCIS) dig into that to see if they'll grant you a K1, it'll be denied because you aren't eligible to be here now.

Everyone makes mistakes, yours was thinking that you would get away with the consequences of not only overstaying your visa and being out of status, but then lying to border control about the fact at a POE and and signing a paper that is now evidence of that lie.

As other people have said, your only real option is to see a lawyer, and hope like crazy that they can do something for you. If you're really serious about getting married to her and think that she'll move to the UK, then do that.

Looking at it from the USCIS point of view, do you honestly think that they'll believe you aren't just wanting to marry her so you can stay here after all that's happened?

Good luck, but I fear you probably won't get back in the US as a LPR for a long long time.

[ingm 0]

hi

am new to all this and i guess like everyone we have no money for a lawyer, here's hoping someone can help;

1. I am a UK national, I am male aged 39 and have never been married. I have been to the United States on several occasions using the visa waiver program. Basically people from the UK can stay for 3 months without a visa.

2. In June 2007 I visited the United States again under the visa waiver program. I had a return ticket and I was meant to return in September 2007. However, I over stayed and did not return to the UK until May 2008.

3. In March 2008 I met my girlfriend a US citizen and we dated. Things were not that serious so in May 2008 I voluntarily left the United States and returned to the UK.

4. Therefore as I understand things I have a 3 year ban from coming back to the United States.

5. I spoke to my girlfriend on a daily basis over the internet and she decided to come and visit me in the UK. She came in September 2008 and stayed for 2 weeks.

6. I visited some friends in Canada in December 2008 and attempted to cross into the United States at a border crossing, again using the visa waiver program, I was not admitted. Not wanting to get into trouble after 8 hours of questioning with no food I signed a statement saying that I left the United States in September 2008. Basically a lie.

7. My girlfriend and I then decided to get married. I know I need a k1 visa and a hardship waiver and some other documents. However, there is the lying to the Border People. Does this mean that I made a misrepresentation and can never be let in?

It wasnt the best thing to do going to the border when i was in Canada. I guess thinking back i knew that i had the 3 year ban. My fiancee cant come here as she has her elderly father to look after and debts to pay in the US

Thanks for looking

You didn't do a smart thing by signing something that obviously wasn't true, and you were out of status by over 180 days by the time you left. When they (USCIS) dig into that to see if they'll grant you a K1, it'll be denied because you aren't eligible to be here now.

Everyone makes mistakes, yours was thinking that you would get away with the consequences of not only overstaying your visa and being out of status, but then lying to border control about the fact at a POE and and signing a paper that is now evidence of that lie.

As other people have said, your only real option is to see a lawyer, and hope like crazy that they can do something for you. If you're really serious about getting married to her and think that she'll move to the UK, then do that.

Looking at it from the USCIS point of view, do you honestly think that they'll believe you aren't just wanting to marry her so you can stay here after all that's happened?

Good luck, but I fear you probably won't get back in the US as a LPR for a long long time.

[Gemmie 142]

Misrepresentation holds a lifetime ban, I believe. You signed something claiming that you left within a certain time period when they have no departure record or evidence to say otherwise. You can no longer visit on the VWP because you would be misrepresenting yourself again if you try to tick "no" to having been denied entry.

Your fiancee can move to the UK to be with you even if she has debts. I understand her relative is sick but I'm not sure if that is counted as hardship as I know that it is extremely difficult to get one of those waivers. It usually takes someone from a poor country or the US citizen having multiple factors holding them back.

[ingm 0]

Misrepresentation holds a lifetime ban, I believe. You signed something claiming that you left within a certain time period when they have no departure record or evidence to say otherwise. You can no longer visit on the VWP because you would be misrepresenting yourself again if you try to tick "no" to having been denied entry.

Your fiancee can move to the UK to be with you even if she has debts. I understand her relative is sick but I'm not sure if that is counted as hardship as I know that it is extremely difficult to get one of those waivers. It usually takes someone from a poor country or the US citizen having multiple factors holding them back.

Hi it wasnt the best thing to do but they were there with guns etc and i was thinking if i admitted it there and then it would have been worse, my fiancee also had cancer she had the all clear a few years back but wants to be checked by her regular doctor and with her work in the states she gets health insurance, i explained about the NHS but she is not having the evil 'socialized medicine', so i guess then there is nothing we can do if i am banned for life.

[JimVaPhuong 4,863]

Misrepresentation holds a lifetime ban, I believe. You signed something claiming that you left within a certain time period when they have no departure record or evidence to say otherwise. You can no longer visit on the VWP because you would be misrepresenting yourself again if you try to tick "no" to having been denied entry.

Your fiancee can move to the UK to be with you even if she has debts. I understand her relative is sick but I'm not sure if that is counted as hardship as I know that it is extremely difficult to get one of those waivers. It usually takes someone from a poor country or the US citizen having multiple factors holding them back.

Hi it wasnt the best thing to do but they were there with guns etc and i was thinking if i admitted it there and then it would have been worse, my fiancee also had cancer she had the all clear a few years back but wants to be checked by her regular doctor and with her work in the states she gets health insurance, i explained about the NHS but she is not having the evil 'socialized medicine', so i guess then there is nothing we can do if i am banned for life.

Being from the UK, you may be a little 'gun shy' when it comes to law officers. The worst they would have done if you had admitted your overstay is to turn you around immediately and send you back, and record the ban in their records. You should have been truthful.

I don't blame her on the 'socialized medicine'. My grandfather nearly died in Canada waiting for a test that would have saved his life. My aunt brought him back to the US, and he got the test the day after he arrived. I've heard a lot of similar stories about the NHS in the UK. Everyone on this board knows what it's like to have to trust a government bureaucracy with your marriage. I, for one, am not willing to trust them with my life. There's a lot of legitimate complaints that can be made about a for-profit health care system, but there's no denying that profit motivates people. Good quality care is available on-demand in the US, as long as you can pay for it. I would like to see it stay that way.

[rebeccajo 14]

Misrepresentation holds a lifetime ban, I believe. You signed something claiming that you left within a certain time period when they have no departure record or evidence to say otherwise. You can no longer visit on the VWP because you would be misrepresenting yourself again if you try to tick "no" to having been denied entry.

Your fiancee can move to the UK to be with you even if she has debts. I understand her relative is sick but I'm not sure if that is counted as hardship as I know that it is extremely difficult to get one of those waivers. It usually takes someone from a poor country or the US citizen having multiple factors holding them back.

Hi it wasnt the best thing to do but they were there with guns etc and i was thinking if i admitted it there and then it would have been worse, my fiancee also had cancer she had the all clear a few years back but wants to be checked by her regular doctor and with her work in the states she gets health insurance, i explained about the NHS but she is not having the evil 'socialized medicine', so i guess then there is nothing we can do if i am banned for life.

I bet if your fiance lost the job where she gets health insurance, she'd change her tune about 'evil socialized medicine'.

Maybe you should reconsider marrying someone who would have such ridiculous aversions to being with you if her Mother Country wouldn't let you in.

The US government has a record of your falsehood at the Canadian border. A qualified immigration attorney should be able to tell you if the security checks performed on the alien beneficiary of visa petition will connect the dots to that falsehood. If they will, then the waiver your US fiance could have filed for you after your visa is denied at the consulate for your overstay is likely to be denied. Too bad because if she has the responsibility for care of an ailing relative here that would have been a very strong argument in favor of the hardship waiver.

PS - just so you know, you will never again be allowed in the US on the visa waiver program. You lost your privileges for life when you overstayed. From this point on you will need a visitors visa. That's why you were stopped at the border in Canada.

[ingm 0]

Misrepresentation holds a lifetime ban, I believe. You signed something claiming that you left within a certain time period when they have no departure record or evidence to say otherwise. You can no longer visit on the VWP because you would be misrepresenting yourself again if you try to tick "no" to having been denied entry.

Your fiancee can move to the UK to be with you even if she has debts. I understand her relative is sick but I'm not sure if that is counted as hardship as I know that it is extremely difficult to get one of those waivers. It usually takes someone from a poor country or the US citizen having multiple factors holding them back.

Hi it wasnt the best thing to do but they were there with guns etc and i was thinking if i admitted it there and then it would have been worse, my fiancee also had cancer she had the all clear a few years back but wants to be checked by her regular doctor and with her work in the states she gets health insurance, i explained about the NHS but she is not having the evil 'socialized medicine', so i guess then there is nothing we can do if i am banned for life.

Being from the UK, you may be a little 'gun shy' when it comes to law officers. The worst they would have done if you had admitted your overstay is to turn you around immediately and send you back, and record the ban in their records. You should have been truthful.

I don't blame her on the 'socialized medicine'. My grandfather nearly died in Canada waiting for a test that would have saved his life. My aunt brought him back to the US, and he got the test the day after he arrived. I've heard a lot of similar stories about the NHS in the UK. Everyone on this board knows what it's like to have to trust a government bureaucracy with your marriage. I, for one, am not willing to trust them with my life. There's a lot of legitimate complaints that can be made about a for-profit health care system, but there's no denying that profit motivates people. Good quality care is available on-demand in the US, as long as you can pay for it. I would like to see it stay that way.

Hi, hindsight is a wonderful thing, i thought if i admitted it there and then they would lock me up for some crime or something. I guess i need to know if what i did at the border in canada means i have a life time ban, i am totally stuck and have no idea what to do, i would in an ideal world see a lawyer but sadly we dont have the money