Visa Waiver and me being an idiot :/

[tilltill 3]

Right. So the over stay includes the 90 days I'm allowed on the vwp??? So I could only over stay a further 90 days to reach the 180 limit before a ban. No one pointed that out and I wasn't aware it worked that way. Thank you for telling me

[tilltill 3]

Oh god it doesnt. Phew.... I just looked that up

[Tygrys 143]

I dont think you are aware of this,because you said twice you stayed less than 180 days, and 9 months are not equal 180 days.Good luck.

She stayed more than 180, but OVERstayed less than 180 days.

[bigdog 376]

If you just want to visit a visa will do as long as you can get one, overstays happen to be a big deal. Try and get dual citizenship but that is tough if you live in England. Maybe see an immigration attorney. Maybe you did not know the VWP rules when you applied?

[Hypnos 6,576]

In general terms, it seems to be "better" if a few years have passed between any overstay and you applying for a nonimmigrant visa (like a B-2).

Applying so close to when the overstay happened, and you overstayed by quite a bit too, makes it a very uphill battle for you to be approved. If you have the money to throw away then there's nothing wrong with applying right now, since the worst that can happen is just a refusal, but if you don't then I would wait 2 - 3 years and then apply at that point. Enough time will have passed then to make the overstay, whilst still serious, a little bit less of an issue.

[ValerieA 350]

tilltill, I am so sorry you are in this situation, it does suck. I don't know the fare rules over there, but over here, you don't 'lose' the plane fare, you can use it as a credit against a future fare within a year. I hope that applies there, too.

If you do decide to go the B-2 route, make sure you mention the fact that your husband is not going with you. If you can come up with any proof of that, much better. I would think that is a good sign you are not going to immigrate!

Good luck. And congratulations on the new(ish) baby!

[gene&magnolia 3]

Why can you just get on the plane and try? You never know what they will do to you I tile you get to the boarder. You have the guts to overstay, you don't have the guts to bring your baby to their grandparents? If they arranged anything for you, show proof to custom officers

[Hypnos 6,576]

Why can you just get on the plane and try?

This is terrible advice.

Once the OP overstayed she became ineligible to use the VWP again, ever. It is a certainty that she will be refused entry if she attempts it on the VWP.

[Boiler 43,433]

And Customs is not the issue.

For those who have not fully read the posts, OP has booked a B2 appointment.

[VanessaTony 3,567]

Thanks girls for your positivity!!!! But I'm gonna lose 700 as it is on the flights. All because I can't get a visa that people who've over stayed apply for...... Because of an over stay Makes no sense but that's life! Lesson learned!!! :'(

Well actually a B2 isn't just what people who overstay apply for. It's for people who want to stay more than 90 days or who may have other issues that require "vetting". Some countries also don't HAVE the VWP.

It makes total sense why you would be denied the B2. A b2 visa, like the VWP, is for visiting. You were given the priviledge of using the VWP instead of having to apply for a B2 visa (not all countries have this option). The only requirement is that you leave the US within the 90 days. You failed to do this. You have already shown that you do not care about immigration laws and two of the rules for any non-immigrant visa (aside from the K1) is "does not have intent to stay in the US" and "will leave before your I-94 expires). The problem is you've already shown you DO have intent to stay (overtay/remain past the i-94), that you don't care about the rules they impose and will do whatever you want, that's how they will see it.

You now need to apply for the B2 is because you abused the VWP. That priviledge has now been taken from you and you need to apply for a B2 visa.

The reason you will most likely be denied the B2 (at least now) is because, as others said, you've only recently had this overstay. You were VERY close to the 180 days (the implication being you were aware that 180 days incurs a ban and made sure to leave before it). Your husband is a USC (so while he is in the UK now, he could still return to the US while you're "visiting" and apply for your GC). You are taking a child with you (also a USC). Basically you have a LOT of cons against you.

I agree with everyone else that you should wait before applying for the B2, but honestly, as you're losing the flights without the visa, I'd at least give it a shot. Your chances aren't high, but at least you can say you tried. Then you can always re-apply later.

Right. So the over stay includes the 90 days I'm allowed on the vwp??? So I could only over stay a further 90 days to reach the 180 limit before a ban. No one pointed that out and I wasn't aware it worked that way. Thank you for telling me

As you now know, the poster who told you that it counted was very wrong. Edited May 1, 2013 by Vanessa&Tony

[Boiler 43,433]

Let us know how it goes.

[tilltill 3]

Thanks guys and thanks boiler. But everyone here is saying its not going to happen and I'm definitely not going to get a visa so doesn't seem worth the effort. Ice looked on other forums for people posting similar questions. Some had an over stay upto 9 years ago and are bein told the same as me!!!! So my chances of ever going again seem slim to none really!!!!

[tilltill 3]

I came clean last night and amitted to my husband I posted in a forum about this. As i suspected, he was FURIOUS!! When we were goimg through the whole process of applying for his UK visa to move back I worried a lot about it and asked for advice in forums (not this one, hence why I tried here). We didnt meet ANY of the requirements they asked for. We didnt have savings. I had nothing left in my UK bank. Neither of had a job to come to and, apart from at my parents house, no where to live! And I was preganant and no chance of getting a job either. I was told by EVERY SINGLE poster who replied there was not a chance in hell we would get this approved. This put so much stress and worry on me. He was so angry that I was as stressed as I was in the early months of pregnancy. I put together a great application. I told them everything. Was 100% honest and open about our situation and presented it very very well. I included letters from family and friends. Job vacancies online we could find that he could potentialy apply for if he had a visa.... EVERYTHING. And you know what? It was approved, no hassle, no problems. So, I went back onto the forums and updated people that, yes... it was granted, so other people shouldnt worry too much in future if they were just honest. The amount of ####### I got back was unreal. How we must of cheated, lied, I shouldnt be telling people it was so easy! Hence the reasons Im barred from forums by my husband haaha. Thats why he seems more positive this time.. we CAN provide anything theyre asking for, whereas last time we could meet one single requirement, apart from the fact we knew each other hahaha. Hes still encouraging me to try. I dont fancy the long journey to london to get f**ked off back uo north. So we will have to see how it goes, what I decide and what happens.... thanks guys for all your comments. Will let you all know!!! xxxxx

[tilltill 3]

And just to the posters that said I "had the guts to overstay" that I didnt "care about the rules". I honest to god didnt know the consequenses. Our plan allllllll along was to live in the UK and visit the states often, few times a year for a week or two. Now, had I known the what would happen theres NO WAY I would ever have jepordised the reality of being able to do that. To put myself in this situation was complete and utter stupidity on my part and something I would never ever have done on purpose. I also looked up last night that theres a chance I could have a visa granted but not for the full time, JUST for the amount of time I wish to go for on this trip. That would be ideal, I dont have plans to go back until next year anyway after June. Hmmmmm, heads battered hahaha

[Jo Amelia Finlay 20]

Alternatively could your in-laws not just have a cheeky little UK holiday to meet the baby?

I know this doesn't solve your tourist visa problems, but it's a way to get you all together and it would be cheaper and less stress if you were being visited rather than being the visitor!

Also, bear in mind forums can only ever give opinion and advice based on the experience and expertise of the people on them. Not to cheapen such advice, as it's often invaluable, but every case is different and as you yourself discovered, ultimately the authorities in question have the final say after their assessment of your very individual application. At the end of the day that's what matters. So it's your call to make and your gamble to take! You should never take forum advice as a solid answer to your predicament, only something to consider in your decision of what steps to take next. xx

Edited May 1, 2013 by Jo Amelia Finlay