Visa Waiver and me being an idiot :/

[tilltill 3]

Long story so will try and keep it short!! I went to the states the end of August 2011 to visit my American fiance. I was usuing about 85 days of my allowed VW. While I was there my parents came over for my Birthday and were staying with my uncle. A few weeks before, me and my fiance decided to get married on my Birthday since everyone was there! Over and done with! I just want to stress that we DID not marry to stay in the US. Our plan all along was to live (eventually) in the uk.

At the time my now husband worked part time, paid all our bills and was going to school, so money was tight. My WV was running out the end of November, but I decided to stay with him anyway for Christmas and fly home in January once we had filed his UK visa paperwork (FIRST idiot mistake). Well.... half way through December I got pregnant and we now have a beautiful little 8 month old baby girl (who has a US passport). So... with money being tight, and now having to fork out for medical expenses I refused to leave him until his UK visa was paid for and processed. Near on a grand. Money we just didnt have at the time. So.... by the time his visa came through it was beginning of May 2012 and we got flights straight back to England. (Less than 180 days overstay)

Like I said, our daughter is now 8 months old and I decided it was time to go back and see the inlaws for 2 weeks next month. Theyre ddying to meet her! Booked our flights last week, just for me and the baby, hubby staying here to work, applied for our ESTAs, all approved. All set to go. Everyone excited, huge party being held on our arrival for the baby.

WELL....... this is probably becoming obvious now why im such an effing idiot. My uncle raised the "overstay" problem with me. I have had about 3 sleepless nights now and here I am in this forum. I called the embassy in London today, no help. As when I last left the states I wasnt given any kind of overstay paperwork and they wanted to know what it said. And what immigration said to me on my departure... nothing!

Everyone keesp telling me, oh you will be fine, they wont send you home on your own with a baby, they wont lock you up with a baby. I wouldnt worry to much if it was just me! But, how am I going to have enough milk with me? Nappies? I can provide countless reasons I need to come back here after the 2 weeks, all sorts of documents.... plus the fact I developed a few problems post preganacy and will only have enough medication for the duration of my stay (yeah, my medical insurance cost a bomb!). I can swear on my life there is not one tiny chance I would ever ever overstay.... How nasty can immigration be?

So now I am worried sick about all this. Any positive/helpful advice would be great please!!!!! xxxxx

PS I felt my VW might of been approved because of my new passport and new married name, so I applied also using the passport I overstayed on and maiden name to try to be more honest. Also approved :/

[NigeriaorBust 4,087]

One of the requirements of using the VWP is that you have compled with the conditions of the program if you have used it before. By staying more than 90 days you are not able to use the VWP and need a visa to enter the US. Having overstayed less than 180 days you aren't subject to an automatic ban but you will not likely be given a visitors visa in the near future. IF you fly you will probaby be turned away by immigration and have to pay for your own return tickets. You may slip though but it is unlikely. Your fingerprints will tie you to your previous overstay. I don't see how you got approved if you correctly answered all the questions. If you lied then you will be hit with a material misrepresentation and permanently barred from the US

[VanessaTony 3,567]

WELL....... this is probably becoming obvious now why im such an effing idiot. My uncle raised the "overstay" problem with me. I have had about 3 sleepless nights now and here I am in this forum. I called the embassy in London today, no help. As when I last left the states I wasnt given any kind of overstay paperwork and they wanted to know what it said. And what immigration said to me on my departure... nothing!

They don't give you anything. They don't assess the overstay the second you leave, it's something you know, or something you'll find out when you try and enter again. You are already flagged as a VWP abuser, have no doubt about that.

Everyone keesp telling me, oh you will be fine, they wont send you home on your own with a baby, they wont lock you up with a baby. I wouldnt worry to much if it was just me!

Those people telling you this are doing you a disservice and have no idea how US immigration works. They WOULD do exactly everything that "everyone" keeps saying they won't.

But, how am I going to have enough milk with me? Nappies? I can provide countless reasons I need to come back here after the 2 weeks, all sorts of documents.... plus the fact I developed a few problems post preganacy and will only have enough medication for the duration of my stay (yeah, my medical insurance cost a bomb!).

They won't let the baby starve of course, but don't think they'll let you enter JUST because you have a baby. In fact, they'll probably ask if you have someone else that can take the baby, and when you say your husband is a USC, they'll be all over that and just send you back unless you think you can take the baby, safely, back.

I can swear on my life there is not one tiny chance I would ever ever overstay.... How nasty can immigration be?

You already HAVE overstayed. Your word means nothing now. You are a VWP abuser, and have no regard for US immigration laws. You are, to them, no better than a criminal and could be treated as such.

You said you came in August, that your VWP expired in Nov, and you left in May. You also said less than 180 days of overstay. Without exactly dates I'm going to assume you're pretty darn close to 180 days, though honestly it doesn't really matter.

You have already abused the VWP and shown disdain for US immigration laws in deciding you'll "just overstay a little bit". The 180 days only matters in that more than 180 days = ban BUT less than still means you overstayed and still makes you ineligible to use the VWP.

The child is a USC, the child will not be turned away. You could be. Your child could still enter with your husband as they're both USCs.

Honestly, it is highly likey that you will be denied entry, detained until there's a flight back to the UK (or other European country as your passport permits entry there - they do not need to return you to your home country, just somewhere you're legal to go) and shipped right back. Your husband has no rights to be with you while you're detained and interrogated. He is a USC and will be let through.

You need a visitor visa, not the VWP.

I'm not trying to be mean, I'm trying to get you to see, the things you fear, are highly likely to occur. This is very very serious. US immigration aren't nice about things like this. In my personal opinion, your husband should take your child to visit your parents, you should remain in the UK. OR postpone the trip until you have applied for the visitor visa. Though you can still be denied entry on the visitor visa, you will have addressed the overstay at the interview for it, which should remove it as a risk.

Edited April 30, 2013 by Vanessa&Tony

[Niels Bohr 72]

Wished Cambodia would have a visa waiver program.

[Boiler 43,429]

You need a B2, you are not eligible to use the VWP.

[tilltill 3]

So basically I'm gonna get there. Definitely get locked up and definitely get sent home. Great. Well that's me calling klm at 9am and losing all my money for the flight and insurance.

Thanks for the advice. I managed 2 hours sleep so far tonight. Shall now cry until 9am

[tilltill 3]

Also, to the first to reply. I didn't lie about the questions. That would be pointless!!

And anothrr poster.... My husband isn't coming

[Darnell 8,478]

Wished Cambodia would have a visa waiver program.

Me Too !

[Boiler 43,429]

So basically I'm gonna get there. Definitely get locked up and definitely get sent home. Great. Well that's me calling klm at 9am and losing all my money for the flight and insurance.

Thanks for the advice. I managed 2 hours sleep so far tonight. Shall now cry until 9am

Is it just me having issues pasting links?

Anyway the information is all on the Consulate web site including how to apply for a B2 if you want to give it a shot.

Wished Cambodia would have a visa waiver program.

You can apply for a Visa on entry, seems mainly a way of collecting the fee.

[tilltill 3]

Ok, I have just looked up applying for a B2. Mixed information on the embassy site, but I did find this:

Violating the terms of the Visa Waiver Program or previously issued U.S. visa can render an individual ineligible for a visa and a waiver of this ineligibility may be required.

Applicants who are ineligile to receive a visa

If the applicant is found ineligible for a visa, he/she will be advised whether or not a waiver of ineligibility is available from the Department of Homeland Security Customs and Border Protection (DHSCBP). If a favorable recommendation is made to DHSCBP for a waiver of the ineligibility, the application will take approximately 6 months to process; some applications may take longer.

How am I going to know if that is me???? Thanks xx

[Boiler 43,429]

You said you did not have a ban. Are you now not sure?

[tilltill 3]

Nope it was less than 180 days. So basically the statement i copied and pasted only applies to people OVER 180 days. Phew, thanks!

[tilltill 3]

I used a date calculator, I overstayed by 174 days. Wow, that was cutting it fine!!!

[NigeriaorBust 4,087]

Also, to the first to reply. I didn't lie about the questions. That would be pointless!!

And anothrr poster.... My husband isn't coming

Some peope think that getting the ESTA means that you will make it in so they don't think too much about answering in a way that will get you in. They don't think about or maybe know the severe consequences to that "little lie" I am glad you didn't because you seem to have a long term "need" to visit. As for being turned back , they don't have to put you in a jail cell, they just don't let you beyond the immigration area and hold you until a flight back ( usually the next available )

I just checked days between dates and if you came the last day of Aug and left the first day of May you stayed for 245 days. Take away the 90 you were allowed you are at 155 days that is very close to 180 ( hopefully you didn't overlap hours on day 180 or you are dealing with a ban)

Once you hit day 91 you made yourself ineligble for VWP. You will need to apply for a visitors visa and hope you can convince them that you won't overstay ( with a USC husband and child and a long violation of VWP your chances for a few years are low ) It is bad that you didn't think about this until you had your flight arranged but it is better to cancel than to be stuck in a room for hours and herded back onto the next flight home with a little one.

[tilltill 3]

@

NigeriaorBust Thank you for your reply. I dont think im going to worry too much about convincing them I wont overstay, I can give them any tiny piece of info they need. I do have a return booked obviously. The B2 wait time is currently 1 day for London, so will get down there before the week is out. Alls I can do is apologise and be as honest as I can with them. Im sure honesty will go a long way