Esta Overstay and CR-1

[Suzanne8456 0]

Hello everyone!  

 

I've recently had a baby with my husband who has just visited me on an ESTA from the UK, unfortunately due to the baby being REALLY late he's managed to overstay his ESTA by a couple of weeks but has since returned to the UK. He was originally sponsoring me to come to the UK but after some careful consideration we have decided we now want to live together in the US. 

 

We didn't realise we could have adjusted his status whilst he was here as there was no intent but that is now out the window. We've decided to petition for the CR-1 but I have a couple of questions:

 

1. Will my husbands overstay of 2 weeks effect our application?

2. From filing to acceptance and then arriving in the US what are everyones experience timewise? I'm particularly looking for other UK immigrants experience. 

 

Thank you! 

[Crazy Cat 39,222]

His ESTA is now revoked.  He will have to apply for a B2 visa to visit you during the process. That might be difficult with an overstay and a spouse/child  in the US....but he can apply.  No effect on CR-1 case, itself.  Average time from filing to visa in hand is roughly a year.

Edited August 6, 2019 by missileman

[geowrian 22,335]

As stated above, his current ESTA is revoked and he is permanent ineligible for the VWP in the future. This is automatic upon day 1 of overstay.

An overstay of less than 180 days has no impact on a CR-1.

A recent overstay, USC spouse, and USC child nearly guarantees that he won't be able to visit the US anytime soon, sorry.

 

ETA: ~12-16 months, although I think it is slightly decreasing in the past couple months.

[Becci391 339]

51 minutes ago, Suzanne8456 said:

Hello everyone!  

 

I've recently had a baby with my husband who has just visited me on an ESTA from the UK, unfortunately due to the baby being REALLY late he's managed to overstay his ESTA by a couple of weeks but has since returned to the UK. He was originally sponsoring me to come to the UK but after some careful consideration we have decided we now want to live together in the US. 

 

We didn't realise we could have adjusted his status whilst he was here as there was no intent but that is now out the window. We've decided to petition for the CR-1 but I have a couple of questions:

 

1. Will my husbands overstay of 2 weeks effect our application?

2. From filing to acceptance and then arriving in the US what are everyones experience timewise? I'm particularly looking for other UK immigrants experience. 

 

Thank you! 

Adjusting status with immigration intend is visa fraud.

 

He now has to apply for a tourist Visa. I'd suggest that he waits a few months until he gives it a try. You being the US spouse and having a US baby unfortunately works against it.

[JFH 12,189]

UK spouse here! Currently timelines are a little over 12 months. We Brits are fortunate that the London embassy is not particularly swamped with applications so once you get to the embassy stage it moves very quickly.

 

He has just kissed goodbye forever to the ESTA and the VWP. Chances of getting a B-2 are now slim but for $160 you can find out for sure if he will receive a tourist visa or not. Does he have a job back in the UK? 

[pushbrk 12,106]

26 minutes ago, Becci391 said:

Adjusting status with immigration intend is visa fraud.

 

Yes, but nobody is suggesting that.  She said he "could have" because there WAS NO INTENT upon entry.  He left, so it's irrelevant to this case now.

[Suzanne8456 0]

52 minutes ago, pushbrk said:

Yes, but nobody is suggesting that.  She said he "could have" because there WAS NO INTENT upon entry.  He left, so it's irrelevant to this case now.

At least somebody read my post properly! If we had of known this was possible two weeks ago then we would have done it. Like I said there was no intent initially. Kind of annoyed we didn't do more thorough research before he left, but like most things in life, hindsight is a wonderful thing!

1 hour ago, JFH said:

UK spouse here! Currently timelines are a little over 12 months. We Brits are fortunate that the London embassy is not particularly swamped with applications so once you get to the embassy stage it moves very quickly.

 

He has just kissed goodbye forever to the ESTA and the VWP. Chances of getting a B-2 are now slim but for $160 you can find out for sure if he will receive a tourist visa or not. Does he have a job back in the UK? 

Yes he does, he loves his job and has been there for years. He's very reluctant to leave. 

[Suzanne8456 0]

Hey guys.

 

First of all, thank you for your replies so far!

 

I have another question, I'm looking to get the paperwork filed this week so I can get the process underway as it takes so long however, Ive been told it may take 6 weeks for my sons birth certificate to arrive. Am I able to file now and submit the birth certificate at a later date?

[Just Paul 4,591]

24 minutes ago, Suzanne8456 said:

I have another question, I'm looking to get the paperwork filed this week so I can get the process underway as it takes so long however, Ive been told it may take 6 weeks for my sons birth certificate to arrive. Am I able to file now and submit the birth certificate at a later date?

You don't need your son's birth certificate to file the I-130.  Just your proof of citizenship. 

[NikLR 13,220]

17 hours ago, Paul & Mary said:

You don't need your son's birth certificate to file the I-130.  Just your proof of citizenship. 

I think the OP is hoping to use the birth certificate as martial evidence.  Which she is entitled to do of course, but it's not required. 

[JFH 12,189]

18 hours ago, Suzanne8456 said:

Hey guys.

 

First of all, thank you for your replies so far!

 

I have another question, I'm looking to get the paperwork filed this week so I can get the process underway as it takes so long however, Ive been told it may take 6 weeks for my sons birth certificate to arrive. Am I able to file now and submit the birth certificate at a later date?

Why would you need your son’s birth certificate? You need yours (or you can use your passport to prove you are a USC) and the marriage certificate. Plus if either of you has been married before you will need the divorce decrees/ death certificates or former spouses. But motherhood is not a requirement to file. 

[JFH 12,189]

2 minutes ago, NikLR said:

I think the OP is hoping to use the birth certificate as martial evidence.  Which she is entitled to do of course, but it's not required. 

Good point. Hope she hasn’t been on the Facebook group that claims that sending proof of a child together is a guaranteed approval.