Visa Waiver and me being an idiot :/

[tilltill 3]

Theyre both nearly 70. It wouldn't be very fair. Plus, they've organised a big party so all their family can meet the baby!!!!

[Jo Amelia Finlay 20]

Theyre both nearly 70. It wouldn't be very fair. Plus, they've organised a big party so all their family can meet the baby!!!!

Ah, I see. Well I wish you all the best, whatever you decide to do.

I hope they are familiar with Skype, or have someone who can show them? They could Skype you in to the gathering?! I know that's a (very) poor substitute, but at least then they can see the baby and it's better than nothing :S

[Boiler 43,434]

The only certainty is that you will not get a visa if you do not apply.

Seems you just got in before they changed the UK immigration rules. much more restrictive now.

I would agree that based on what you have posted you do not seem to have a strong case, I have been here long enough to see some weird outcomes.

[VanessaTony 3,567]

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

I was one of the ones that said you didn't care about the rules. That's how USCIS will see it. Ignorance isn't an excuse.

BUT all that said, rather than just waste the flight by thinking you won't be approved for the B2, I would go and give it a shot. Yes you'll waste the application money if you're denied, but if not... it will be great!

I would also take evidence, if possible, of your in-laws ages. A letter from them about the party. Something from your husband/his work about not having any time off available... while not necessary, it'll help cover your bases.

Also, read up on what the interview process is like for a B2. It's my experience they don't say "right so where's your evidence?" they just tend to deny on face value, so when you submit your form, submit evidence at the same time (not sure if the process has changed).

Your chances are slim, not impossible. All you can do is try. I really do wish you luck and hope you come back here and tell us that you succeeded!

**Edit - If you go the B2 route and are denied, you most definitely won't be permitted entry on the VWP if you "just try it" later. If you just try and enter on the VWP now (and don't apply for the B2) your chances aren't good and with a baby I personally wouldn't risk it, but it's your choice to make.

Edited May 1, 2013 by Vanessa&Tony

[Justine+David 218]

You're very lucky your husband immigrated to the UK when he did...they just changed the rules in July 2012 so that the UKC must be making over 18,000 GBP for at least 6 months or have a job offer as such...no co-sponsorship allowed and the US spouse's income cannot be taken into account. Keep this in mind should you guys ever decide to move back to the US. It would be prudent for him to get UK citizenship; under the old rules, he'll only have to wait 3 years (now it's 5 years).

[tilltill 3]

Just wanted to update u guys. Should have my appointment through any day. After a chat with the hubby I'm going to go ahead with the b2. I can provide them with the evidence they want and more. If I don't make this trip in June, an the visa takes longer than I'd like we feel confident I will make it out there in a few months time. Thanks for all the advice!!!! Xxx

[Jo Amelia Finlay 20]

Best of luck!

[Boiler 43,434]

They're both nearly 70. It wouldn't be very fair.

I keep seeing this at the top of the page and can no longer let it pass.

[tilltill 3]

How do u mean???

[Boiler 43,434]

That someone in their 60's is too old to travel.

[Jo Amelia Finlay 20]

I suppose it depends on the person. I'm not entirely sure my mum could make the journey to upstate NY when I (hopefully!) end up there. She's in pretty good nick for being in her mid sixties, but a ball of nerves when travelling!

[Harsh_77 716]

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

On that side you had not violated any of the immigration law at that point.

On VWP you violated the law, all that aside – violation of VWP does not mean you will never get a B2 you can still get a B2.

Basically what it means is that the decision on your case cannot be made by the system automatically, someone will have to interview you and make a decision in person.

If you can prove strong ties to UK and you would not be overstaying you might get B2 or they can suspect you and your family are trying to move to US with you and baby in the first trip and hubby in the later trip. So the decision by the CO can go either way but there is no harm in trying.

[tilltill 3]

Harsh_77 thank you! That is encouraging! As far as proving that we dont plan to move in a later trip.... although my daughter is 8 months old.. I could possibly include the application for her school here??? We have a long waiting list for the primary schoool, we get names down EARLY! Maybe that would be good proof?? xx

[VanessaTony 3,567]

Harsh_77 thank you! That is encouraging! As far as proving that we dont plan to move in a later trip.... although my daughter is 8 months old.. I could possibly include the application for her school here??? We have a long waiting list for the primary schoool, we get names down EARLY! Maybe that would be good proof?? xx

Certainly wouldn't hurt!

[Boiler 43,434]

Normally the application is dependent on the application, it is unusual for supplementary documentation to be considered.