Long time since I've been here! VWP Overstay, Now wants B2 so son can visit Dad!

[mrs.jenjen 0]

Looking at my profile picture seems like another lifetime ago! Can't believe its been over four years since I posted on here for my Green Card!

Long story short - Met American guy in London, fell head over heels for him, decided (against all better judgement!) at the age of 22 to overstay my Visa Waiver for a month until we got married, safe in the knowledge that we WERE getting married and it would all be forgiven when I adjusted to a green card.

Everything went fine - Married in Vegas in 05, Conditional Green Card for 3 years, wham bam thank you Mam!

I fell pregnant in 2006. We were separated by my husbands job for pretty much the duration of my pregnancy and the first 3 months of our son's life. I was painfully homesick, lonely - probably a nightmare to live with, his family were useless and I no doubt drove my ex half insane because he was all I had and I clung to him like a limpet. That was far too much for him to cope with on top of a demanding job - just a recipe for disaster really. We went back to the UK for Xmas 2006 and everything fell apart spectacularly, which - in a nutshell - culminated in him leaving the UK and me remaining here with our child. In short, my American dream became an American nightmare!!

Nearly four years on and we're now on speaking terms again. Our son sees his Dad on the webcam, and we have been organising a trip to TX so he can see his Dad for the first time in nearly 3 years. My ex now has a very serious relationship with someone else - they have bought a house, they have two kids.. he has still got his (even more, now!) demanding job. It just makes sense financially and in every other way for us to go there instead of them here.

BUT.. That damn overstay has come back to bite me.

Today I applied for an appointment for my B2 visa. I have my own business which I've worked day and night to establish over the last 3 years, I rent an unfurnished house and have three trucks worth of furniture here, my son is in nursery and I get Tax Credits to help pay for that (something I wouldn't have if I immigrated illegally to the US) and I'm on medication which would cost me $1000's a month to try and get in the US if I wasn't insured (which as an illegal immigrant, I wouldn't be.) I have family and friends here, I have a finance agreement on my car.. Do you think this would be enough for me to get approved for the visa? I've read so much about the B2 being hard to get, and I'm worried. I'm desperately trying to think of ways I can prove without any doubt at all that I don't want to ever live in the US again. No offence to the country (I'm sure if I was born there it would be different) but it was my idea of hell to try and live there with little to no family support. I'd quite honestly move to hell rather than move to TX again.

Suggestions very much welcome! Especially ones to do with what to take to prove how we're financing the trips, because I read somewhere that they pay attention to your ability to fund yourself for the time you're staying in the US. I don't want to raise alarm bells by staying with my ex in his new house (with his new (in everything but name) wife and two kids - nothing dodgy there at all!) but I will stay in a hotel if it does raise eyebrows. At the same time, I'm a single mum and the trip is expensive enough without adding hotel bills into the equation. I don't HAVE a lot of money or assets to show for myself.

I also want to go for the 10 year visa. $140 a year and a trek up to London is a lot of money to me, and I do want my son to see his dad Annually if we can manage it. Once the ten years are up he'll be 14, so he'll be able to fly unaccompanied.

I've asked my ex to write a letter giving his side (wouldn't be married her again if you paid me! etc) and I'm thinking of asking my relatives here to write letters explaining how close I am to them now and how much our relationship has changed since my return (my aunt has been a Godsend where my son's speech delay is concerned). Would that help? Anyone else have any ideas of what I can take alongside all my financial things to prove my story? Would it help to get Nursery to write to say I have an ongoing contract with them too?

Am I overreacting about this? I'm a total Daddys girl and I desperately want to make amends for the situation I've put my son in when it comes to his relationship with his Dad. I'm petrified that I'll get denied on the basis of not having enough evidence of my life here.

Please help me!

Jen

Edited June 21, 2010 by mrs.jenjen

[Darnell 8,478]

the only reason to get the B2 is so that the child can visit the father? I don't see how the overstay has bitten you, yet. Is rumour of possible upcoming bite, but you've not been bitten YET, no rabies shot required. IMO, that overstay was forgiven when you had greencard in hand.

Doesn't the child have a US Passport ? If not, you should get one for him - review the 'Consular Record of Birth Abroad' , if that applies to him, or simply apply for US Passport if the child was born in the USA, at the Embassy .

IMO, you should still be allowed to travel on VWP. Yer son, if USC or can prove up USC, will have a USA Passport - so no B2 required for child.

PS - 'Daddy's Girl' should really talk to Daddy, if this is really yer normal modis operandi. Seriously.

Edited June 21, 2010 by Darnell

[mrs.jenjen 0]

the only reason to get the B2 is so that the child can visit the father? I don't see how the overstay has bitten you, yet. Is rumour of possible upcoming bite, but you've not been bitten YET, no rabies shot required.

The B2 is for me - The US Embassy just told me that because I overstayed on the VWP I can't ever use it again. Our son is 4 and he's only ever seen his Dad on a webcam (that he can remember, anyway) so I'd have to accompany him on the trip. I wouldn't put a child that young through the stress of leaving his mother to stay with relative strangers for a week.

Doesn't the child have a US Passport ? If not, you should get one for him - review the 'Consular Record of Birth Abroad' , if that applies to him, or simply apply for US Passport if the child was born in the USA, at the Embassy .

He does have a US Passport. And a UK one. He returned to the UK on the US passport in Dec 2006. I have no fears about his ability to get through immigration - only mine!

IMO, you should still be allowed to travel on VWP. Yer son, if USC or can prove up USC, will have a USA Passport - so no B2 required for child.

Not what the Embassy told me, but great if you're right!

PS - 'Daddy's Girl' should really talk to Daddy, if this is really yer normal modis operandi. Seriously.

No idea what you said or the meaning behind it - but I meant my Daddy - who lives here in England. Not my Son's. I stopped being my ex-husband's 'girl' a very long time ago!!!

Edited June 21, 2010 by mrs.jenjen

[Boiler 43,436]

All you can do is put your best foot forward and see.

[VanessaTony 3,567]

the only reason to get the B2 is so that the child can visit the father? I don't see how the overstay has bitten you, yet. Is rumour of possible upcoming bite, but you've not been bitten YET, no rabies shot required. IMO, that overstay was forgiven when you had greencard in hand.

Doesn't the child have a US Passport ? If not, you should get one for him - review the 'Consular Record of Birth Abroad' , if that applies to him, or simply apply for US Passport if the child was born in the USA, at the Embassy .

IMO, you should still be allowed to travel on VWP. Yer son, if USC or can prove up USC, will have a USA Passport - so no B2 required for child.

PS - 'Daddy's Girl' should really talk to Daddy, if this is really yer normal modis operandi. Seriously.

Completely agree with Darnell here. ANY overstay is forgiven once you obtain a greencard based on marriage to a USC spouse.

The only time it would be a factor is if you didn't have your AOS approved, and if the period was longer than 6 months giving you a 3 year ban, or longer than 12 months being a 10 year ban. I don't read that this is the case because you got your GC!.

The next qn is, did you give up your greencard? Obviously it's lapsed now, but I was just wondering as I'm not sure how that would affect things. You might get qn'd about it at the border.

Have you tried the online VWP registration? That's truly the best way to know if you're good to go in terms of eligibility, but they MIGHT qn you at the border. Here's the VWP site where you register (called ESTA): https://esta.cbp.dhs.gov/esta Enter your details and see how you go. Best case, approved. Worst case, denied and you continue with the B2 stuff.

As for evidence, you will need proof of ties to the US such as:

- lease agreement

- letter from work stating when you're due back

- return ticket to the UK

- perhaps some utility bills

- finance agreement on your car

- sons enrolment in school

- doctors letter or something regarding medication? (maybe a little note by yourself listing medication fees in the US?)

- letters from family/friends or doctors notes about sick family/friends?

Anything else you can think of. Honestly when I went through immigration I didn't have any hassles but I was travelling alone. A letter from your ex might be good but I'd save it as a "just in case they get mean". You should be fine though honestly. You left the US when you could have ROC'd by yourself to get the 10 year card. Obviously you prefer the UK, and that's fine

Best of luck to you.

Edited June 23, 2010 by Vanessa&Tony

[Dakine10 5,452]

Completely agree with Darnell here. ANY overstay is forgiven once you obtain a greencard based on marriage to a USC spouse.

I'll take the other side on this one. An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed. At which point the overstay becomes irrelevant.

Every entry to the US is decided on it's own merits. Unfortunately Jen will now be attempting to enter the US as a non immigrant with a prior overstay. IMO the information given by the embassy is correct. The VWP is not an option. The B2 is a possibility.

I would take every last bit of evidence that could possibly help show ties to the UK. Letters are helpful but it is most important to show strong financial and personal ties to the UK.

[mrs.jenjen 0]

I'll take the other side on this one. An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed. At which point the overstay becomes irrelevant.

Every entry to the US is decided on it's own merits. Unfortunately Jen will now be attempting to enter the US as a non immigrant with a prior overstay. IMO the information given by the embassy is correct. The VWP is not an option. The B2 is a possibility.

I would take every last bit of evidence that could possibly help show ties to the UK. Letters are helpful but it is most important to show strong financial and personal ties to the UK.

This is how I interpret it too. I find it crazy, if I'm honest - because I'm the same person I always was - however the US authorities have gone from thinking "yeah, give her citizenship, she's fine!" to "OMG we must never let her in the country if we suspect she has even the slightest intent to immigrate again!" but I do get why the rules are there. And I broke them. The fact that I had a Green Card (which I abandoned!) will hopefully go in my favour, however it isn't much to do with my circumstances now as a non-imigrant trying to enter a country I previously overstayed in.

I just wish it wasn't such an expensive & stressful lesson to learn!

My issue now is I'm having a nightmare trying to fill in the B2 form. It is so specific, and answering the questions truthfully paints a totally different picture to how things really are. For example - we're still married on paper. Its taken 3 years to get a child support order in place (and it still isn't!) and there was no point even attempting to file for divorce without that, as our son is the only 'asset' we share. Once the child support is done it will be a walk in the park to get divorced - however for the b2 forms I have to put married, since the only other option is 'legally separated' which we aren't. (To my knowledge. We've separated (obviously!) but there's never been a court order stating as much. Hence, not legally.

So with that, and the fact that he's my US contact (and the only applicable term to describe him is 'spouse') - it reads like I'm going back to see him as his wife! Which obviously I'm not!

(Well, I am.. but not in that context. God, now even I'm confused!)

[mrs.jenjen 0]

Have you tried the online VWP registration? That's truly the best way to know if you're good to go in terms of eligibility, but they MIGHT qn you at the border. Here's the VWP site where you register (called ESTA): https://esta.cbp.dhs.gov/esta Enter your details and see how you go. Best case, approved. Worst case, denied and you continue with the B2 stuff.

Thanks for the suggestions of what to take. I've printed them out!

I did apply through ESTA but I couldn't complete it because of the 'have you EVER overstayed a Visa or Visa Waiver' question. I said yes, and it referred me to the American Embassy. There's no option for 'its been forgiven!' I'd have to outright lie and say No to even get through to the end of the process.

I'm hoping this post may help other people in my position. I can't be the only overstayer who abandoned their green card! Its very misleading to say an overstay is 'forgiven' if you marry a USC and go through AOS, because until you get citizenship my experience is - it isn't.

[Boiler 43,436]

It comes up every now and then, but obviously not that often because not that many are in your position.

[Brother Hesekiel 2,235]

So much wasted ink on nothing.

The child is a US citizen, so no visa applies.

You are a returning resident, not a prospective visitor. What you need is an SB-1. Your overstay was forgiven when you got your Green Card.

[mrs.jenjen 0]

So much wasted ink on nothing.

The child is a US citizen, so no visa applies.

You are a returning resident, not a prospective visitor. What you need is an SB-1. Your overstay was forgiven when you got your Green Card.

I'm assuming you're referring to this:

Returning Resident SB-1 Visa: Reasons Beyond Your Control

If you are a Green Card holder (lawful permanent resident) and you are unable to return to the United States within the one-year travel validity period of a Green Card (Permanent Resident Card), or the two-year travel validity of a Reentry Permit, you may apply to the nearest U.S. consular office for a special immigrant Returning Resident SB-1 Visa. To qualify for this status, you must show that:

* You were a lawful permanent resident (Green Card holder) when you departed the United States; - I Qualify for this

* When you departed, you intended to return to the United States and you have maintained this intent; Something tells me I'd have a hard time proving this, what with the medical appointments, a son in nursery, 5 year finance agreement on a car and business having been set up!

* You are returning from a temporary visit (travel) abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

* You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident SB-1 Visa, you should contact the nearest consular office well in advance of you intended travel back to the US (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident SB-1 Visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa (US Visa), depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa (Green Card) on the same basis by which you immigrated originally, if that is possible. Somehow, I imagine my ex-husbands new girlfriend would REALLY object to me attempting this! LOL!!!

I appreciate the advice, but ... not really a waste of ink at all.

[Boiler 43,436]

SB 1 is only relevant if you want to retain/regain your PR status.

Which does not seem to be the case.

[Brother Hesekiel 2,235]

SB 1 is only relevant if you want to retain/regain your PR status.

Which does not seem to be the case.

Frankly, I assumed that she wants to resume the relationship with her husband and father of her son. In any case, a rather long post devoid of the information that really matters. So I guess we have to guess what she meant with 3 truckloads full of stuff.

Edited June 24, 2010 by Just Bob

[Boiler 43,436]

My ex now has a very serious relationship with someone else - they have bought a house, they have two kids..

You might want to re read!

[mrs.jenjen 0]

Frankly, I assumed that she wants to resume the relationship with her husband and father of her son. In any case, a rather long post devoid of the information that really matters. So I guess we have to guess what she meant with 3 truckloads full of stuff.

Really? I have no idea how you got that impression!

I said I have three truck loads of furniture because I moved in October and it was a PITA to try and get that all organised and moved. I'm aware that as a tenant I look less settled than I would as a home owner, which is why I put about the unfurnished agreement and all the furniture I've accumulated over the last 3 years. It was meant to illustrate that I'm not living in furnished accomodation with few posessions to my name ready to take off to the US if the whim takes me.

My post was detailed because I don't see how people can give me suggestions of what might prove my resident status in the UK without knowing my situation.

I appreciate your advice, but I have NO intention of moving to the US. Even if I lost my mind and did attempt it, my Business is not one I can just pack up and take with me. Financially I'd be sunk within weeks without my salary.