got bad news

[irishgirl73 0]

Dublin told him he won't have to file a waiver for an overstay? Hmmmmmmmmmmmmmmmmm..........personally I would not bank on that.

I've kept up with you some irish, but don't remember you posting that before about his overstay - sorry if I have missed that.

You might want to read up in the waiver forums and/or pm some of the 'waiver' veterans in order to confirm or deny what Dublin has told you.

Not trying to scare you - but it's better to get prepared now if something else will need done.

*poop just re-read this a bit further - did he actually overstay or they turned him back because of a mistake with airline ticket? If all he did was get turned back of course you won't need a waiver - my bad.*

He had bought his ticket for 10/26/04 to 1/26/05...........well his Mother did but anyway-we did not count the days-we thought ok three months-no problem. Well when he came back in March he was stopped by CBP officers, he told them he was here to see me-no big deal. They called me to ask if he was staying with me-"are you getting married?" those kinds of questions. Well at the time we were not planning on getting married so I told them no. They told him he was being denied entry because of his 2 day overstay on the vwp. They sent him out on the next flight. There is nothing stamped in his passport. He contacted a solicitor in Dublin & he wrote a letter to the US Embassy(Gavin was told he had a 5 year ban & it didn't seem right) so the embassy told him that he does NOT have a ban on him whatsoever, but he in ineligible to use the vwp in the future. I was under the impression that he would not need a waiver. Was I completely wrong?

I have no idea, irish. I have just posted this question, though, in the 'UK Waiver Club' thread that exists in the Waivers forums.

Please don't take my word for it or let me upset you with this. Lets get you an answer first.

From the beginning when we decided to get married I told him there could be a problem with his overstay & I explained the waiver to him, after we found out he didn't have a ban, I didn't think he would need one. It was also only for 2 days................so I figured it could be explained away at the k-1 interview. It was an honest ticketing error. If we had known-I would have made sure he went home the 2 days early. We honestly thought it was 3 months(not realizing there are 31 days in Oct & Dec of course). He was also denied a b-2 visitor's visa for not having strong enough ties to Ireland, I have read on here where loads of people have been denied. I was under the impression that wouldn't have an impact on the k-1.

[aussiewench 9]

*HUGS* Irish I dont know what to say except Im sorry that you your case is under investigation. Can only imagine how you are feeling right now.

Have a read of the links in my signature on security checks.....The USCIS Review link is very long but you will gain some insight into what could be occuring. The other is an overview of the various security checks.

I really do hope that it is all resolved soon.

Lorelle

From the beginning when we decided to get married I told him there could be a problem with his overstay & I explained the waiver to him, after we found out he didn't have a ban, I didn't think he would need one. It was also only for 2 days................so I figured it could be explained away at the k-1 interview. It was an honest ticketing error. If we had known-I would have made sure he went home the 2 days early. We honestly thought it was 3 months(not realizing there are 31 days in Oct & Dec of course). He was also denied a b-2 visitor's visa for not having strong enough ties to Ireland, I have read on here where loads of people have been denied. I was under the impression that wouldn't have an impact on the k-1.

Doubtful Irish that his 2 day overstay would impact at Service Center level. If it was going to it would be at interview.

Edited February 22, 2006 by aussiewench

[Zinka 0]

Thinking of you both and got my fingers crossed for you. Hopefully your long wait will be over soon.

[rebeccajo 14]

Doubtful Irish that his 2 day overstay would impact at Service Center level. If it was going to it would be at interview.

So, is that possibly a waiver, Lorelle?

[Jasman0717 8]

Wow, that's terrible. I hope you can get something cleared up in less time!

[pax 0]

I was under the impression that one had to accumulate 180 days of overstay before USCIS started to care.

This *could* really just be some kind of name hit. It does happen if petitioner, beneficiary, or both have a common name. It may have nothing at all to do with the overstay, and I really doubt that 2 days' overstay on an honest-mistake basis from a VWP country is going to require a waiver.

I could be completely wrong, but I would be sincerely surprised if it was pursued at any level.

[irishgirl73 0]

*HUGS* Irish I dont know what to say except Im sorry that you your case is under investigation. Can only imagine how you are feeling right now.

Have a read of the links in my signature on security checks.....The USCIS Review link is very long but you will gain some insight into what could be occuring. The other is an overview of the various security checks.

I really do hope that it is all resolved soon.

Lorelle

From the beginning when we decided to get married I told him there could be a problem with his overstay & I explained the waiver to him, after we found out he didn't have a ban, I didn't think he would need one. It was also only for 2 days................so I figured it could be explained away at the k-1 interview. It was an honest ticketing error. If we had known-I would have made sure he went home the 2 days early. We honestly thought it was 3 months(not realizing there are 31 days in Oct & Dec of course). He was also denied a b-2 visitor's visa for not having strong enough ties to Ireland, I have read on here where loads of people have been denied. I was under the impression that wouldn't have an impact on the k-1.

Doubtful Irish that his 2 day overstay would impact at Service Center level. If it was going to it would be at interview.

Thanks Aussie-I did check out your links-my brother works for the gov & he seems to think that once they check everything(if it is b/c of him being denied entry) it should all be fine. I know that all the info will jive, I just can't believe it could take that long I pray it will not be 6 months, maybe it will only be a few months. I am so upset-I have been sick worrying & now this. I don't know how I will get through the next few months of waiting. I am a mess already. i haven't even told him yet-just can't bring myself to make that call.

I was under the impression that one had to accumulate 180 days of overstay before USCIS started to care.

This *could* really just be some kind of name hit. It does happen if petitioner, beneficiary, or both have a common name. It may have nothing at all to do with the overstay, and I really doubt that 2 days' overstay on an honest-mistake basis from a VWP country is going to require a waiver.

I could be completely wrong, but I would be sincerely surprised if it was pursued at any level.

I think his name could have come up on a hit b/c he was fingerprinted, but once they look at the paperwork-it shouldn't be a problem. If nothing else-it will prove even more that we do indeed have a realtionship. I attatched a letter for the "how & when did you meet" question on the I-129f, I explained his trip here & my 6 trips. Once they look at everything it will be fine. The validity of our relationship can't be an issue. If it was my name-they are in for a really boring time.

I just hope that it isn't really 6 more months-can't deal with that. i don't think 2 days will be an issue-I was hoping he would be able to explain it at the interview, when he was here in Philly there was one woman who just wouldn't let him through. He said everyone else understood it was a ticketing error-but not her. God don't even get me started on that night-I still cry about it.

[Peter Miami 0]

Hi Irishgirl,

My heart goes out to you, I wish there was something I could do to get your petition approved. I hate waiting and I know how much it sucks. The waiting for security reasons vary from what I have seen posters write. Some have had to wait 6 months while other have moved on before 6 months. Like everything else with immigration there is no logic.

Good luck,

Peter Miami

Edited February 22, 2006 by Peter Miami

[pax 0]

I'm also thinking of a few other VJers who were told "no more VWP" by CBP officers--gimygirl's husband Geoff and missycuk2. Neither of them had to file a waiver. Neither had overstayed, but both were believed to be using the VWP to effectively "live" stateside by staying for 90 days, going back for some short period of time, and coming back,

But they did not require a waiver, nor were they subject to an actual bar on re-entry; they just did had to come back with proper visas.

[irishgirl73 0]

I'm also thinking of a few other VJers who were told "no more VWP" by CBP officers--gimygirl's husband Geoff and missycuk2. Neither of them had to file a waiver. Neither had overstayed, but both were believed to be using the VWP to effectively "live" stateside by staying for 90 days, going back for some short period of time, and coming back,

But they did not require a waiver, nor were they subject to an actual bar on re-entry; they just did had to come back with proper visas.

He was told "you can not come back to the US without a visa"...................ironic isn't it? that is what he is doing & they are going to hold it up for months. I really didn't anticipate him having a problem, once he could explain at an interview, they would see it was an honest mistake. The crazy thing is-we both wanted him to stay here, but we wanted to do things the right way so he went home(within the 90 days or at least we thought) and look at where that got us

He is worth every minute of this stress, but I can't help but wonder if this is all happening for a reason? Maybe it just isn't meant to be for us?

Time for me to shut up-I am now letting "them" get to me.

Edited February 22, 2006 by irishgirl73

[rebeccajo 14]

Yeah I'm not trying to stir anything up with the waiver business - I just want irish to be prepared if it would be required.

It is important to note that even if there are delays or hitches, from the outside looking in it does appear that he will get his visa. Even if it takes a bit longer, which of course sux, but in the end he will still be here.

As soon as irish posted 'Dublin told me he doesn't need a waiver' - poor Liam sprang to my mind. I don't want another VJ'er to go through that.

[shannon65 2]

I sure hope this is quickly resolved for you and your wait won't be much longer.

[pax 0]

Do NOT let "them" get to you. A lot of people here have had reeeeeeally long processes! Scotty and Saxony waited...what, six or seven months for their petition to be approved? Mary (mianishqsrose) and her husband have been on AR for a couple of months and apparently FBI agents even went to her husband's home in Pakistan. But those couples, and many others, haven't given up. You shouldn't either.

:: hugs ::

As soon as irish posted 'Dublin told me he doesn't need a waiver' - poor Liam sprang to my mind. I don't want another VJ'er to go through that.

Which makes me wonder if, instead of getting a hold of the people in Dublin, she might not do well to have a consult with a good immigration attorney, if she really wants some peace of mind.

I agree, Rebecca; that's a worst-case scenario, but we'd never want to see it repeated.

[irishgirl73 0]

Yeah I'm not trying to stir anything up with the waiver business - I just want irish to be prepared if it would be required.

It is important to note that even if there are delays or hitches, from the outside looking in it does appear that he will get his visa. Even if it takes a bit longer, which of course sux, but in the end he will still be here.

As soon as irish posted 'Dublin told me he doesn't need a waiver' - poor Liam sprang to my mind. I don't want another VJ'er to go through that.

What happened to poor Liam? Oh God.

So did anyone respond in the other thread-shall I prepare a waiver? I was under the impression he would not need one for only 2 days. I should clarify-the letter he rec'd informed him that there was no ban & that he will need a visa to enter the US again. Now if they would only let us get on with it!!!!!!!!!!!

[pax 0]

Deeeeeeeep breath.

Okay. Basically what happened to Liam was that he'd had some minor trouble with the law a few years back, and he had been advised at his K-1 interview that a waiver would not be required because of his record. However, when his documents were reviewed by CBP at the POE, they determined from his police record that he did require a waiver. He was denied entry and sent back to the UK to file an I-601 waiver. He did so, was approved, and came back and entered successfully.

So it was a chopfcuk-up of massive proportions, you might say.

It's a rare thing. It's still the only time I've ever heard of something like this happening, at least in the VJ community. But legally it's perfectly possible. CBP is under no obligation to admit anyone, even with a visa, if they feel that something is amiss.

Again, maybe a good immigration lawyer can clear this up.

I should clarify-the letter he rec'd informed him that there was no ban & that he will need a visa to enter the US again. Now if they would only let us get on with it!!!!!!!!!!!

When and how did he receive this letter? From what agency did this letter come?