Jump to content
Sign in to follow this  
tilltill

Visa Waiver and me being an idiot :/

88 posts in this topic

Recommended Posts

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 :(

Share this post


Link to post
Share on other sites

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?


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Share this post


Link to post
Share on other sites

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.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites

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!


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites

And Customs is not the issue.

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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 sad.png 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 sad.png

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

Share this post


Link to post
Share on other sites

Let us know how it goes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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!!!!

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

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 by Jo Amelia Finlay

AOS // 12 months 3 days
April 13, 2014 NOA1 - April 16, 2015 Approved

April 27, 2015 Greencard received

K-1 // 8 months
Feb 22, 2013 NOA1 - Oct 23, 2013 London Interview
March 18, 2014 Married

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...