Has Anyone Left Europe's Schengen Area for 14 Days to Then Enter USA?

[remotercharm 31]

21 minutes ago, laylalex said:

How long is his ticket booked for? Is it booked for the entire 90 days or a shorter period of time?

We've only booked the ticket from MX to US so far because we don't know when the interview will potentially be scheduled for the k1.

[HRQX 4,145]

5 minutes ago, remotercharm said:

We've only booked the ticket from MX to US so far because we don't know when the interview will potentially be scheduled for the k1.

If you don't have proof of onward international travel before the 90 days and the CBP officer requests it, that can be grounds for refusal.

Edited August 3, 2020 by HRQX

[remotercharm 31]

14 minutes ago, HRQX said:

If you don't have proof of onward travel and the CBP officer requests it, that can be grounds for refusal.

We'll get one!  Thanks.

[Boiler 43,705]

Yep, you need to be aware of the VWP requirements. And 90 days is dangerous, what is the flight is cancelled, weather delays etc etc.

[Jessica & Karl 23]

We are closely following this thread.  We are booked for 15 days in Mexico (September 5th). Jessica (USC) is joining me there then we are both flying to the US together and are looking to visit until the New Year.  Totally writing off 2020.  I don't really expect the K1 processing to start again so soon.  I have a B1/B2 visa but I am slightly worried as I accidentally overstayed by 1 day last year. Was in the US from the 26th June till 26th December thinking this was 6 months, but this it was actually 6 months and 1 day.  Our lawyer says it shouldn't be an issue as my previous record was always good,  but as Boiler mentions above I won't cut it so close next time.

Edited August 3, 2020 by Jessica & Karl

[Crazy Cat 39,597]

12 minutes ago, Jessica & Karl said:

We are closely following this thread.  We are booked for 15 days in Mexico (September 5th). Jessica (USC) is joining me there then we are both flying to the US together and are looking to visit until the New Year.  Totally writing off 2020.  I don't really expect the K1 processing to start again so soon.  I have a B1/B2 visa but I am slightly worried as I accidentally overstayed by 1 day last year. Was in the US from the 26th June till 26th December thinking this was 6 months, but this it was actually 6 months and 1 day.  Our lawyer says it shouldn't be an issue as my previous record was always good,  but as Boiler mentions above I won't cut it so close next time.

Actually, an overstay automatically voids a B2..........the first day of overstay.  Attorneys don't always provide accurate information.

Edited August 3, 2020 by Lucky Cat

[HRQX 4,145]

12 minutes ago, Jessica & Karl said:

I accidentally overstayed by 1 day last year.

You aren't inadmissible but you'll need a new B-1/B-2 visa. The law is very clear; INA 222(g):

"(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist."

Edited August 3, 2020 by HRQX

[Jessica & Karl 23]

3 minutes ago, HRQX said:

You're not inadmissible but you'll need a new B-1/B-2 visa.

Ok so that is a dead-end.  Is an ESTA still possible?

[Crazy Cat 39,597]

7 minutes ago, Jessica & Karl said:

Ok so that is a dead-end.  Is an ESTA still possible?

Nope.....you no longer qualify.  You need a new B2.

Edited August 3, 2020 by Lucky Cat

[HRQX 4,145]

14 minutes ago, Jessica & Karl said:

Ok so that is a dead-end.

I don't know the process, but London is still issuing some B-1/B-2 and B-2 visas;

39 B-1/B-2 and 3 B-2 issued in June: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/June 2020 - NIV Issuances by Post and Visa Class.pdf

15 B-1/B-2 issued in May: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MAY 2020 - NIV Issuances by Post and Visa Class.pdf

(July statistics not yet available)

 

But first you'll need to meet an exception to the UK and Ireland proclamation. There is an exception for spouses of US citizens. Marriage process in Gibraltar is straightforward: http://www.visitgibraltar.gi/getting-married After meeting the exemption, you'll have to figure out how to contact London Embassy on the process of applying for B-1/B-2 as an individual that isn't subject to UK and Ireland proclamation.

Edited August 3, 2020 by HRQX

[Jessica & Karl 23]

Thanks for all the replies.  I guess my final hail mary here is to check did I overstay.  How do they calculate the 6 months?  Is 26th June to 26th December, 6 months or 6 months and 1 day?  The visa stamp just says B2 no date until.

[HRQX 4,145]

2 minutes ago, Jessica & Karl said:

How do they calculate the 6 months?

Have you checked the date on I-94 website? https://i94.cbp.dhs.gov/I94/#/home "Get Most Recent I-94" button

[Jessica & Karl 23]

Just checked this morning, it doesn't say anything specific.

[Jessica & Karl 23]

Sorry wrong screen, just saw the admit until date. Yup, stupid me, I overstayed.  Thanks for all the help.  Just have to patiently wait for the K1 now I guess.

 

 

Edited August 4, 2020 by Ryan H
Reason for edit: to remove personally identifying information.

[Crazy Cat 39,597]

2 minutes ago, Jessica & Karl said:

Just checked this morning, it doesn't say anything specific.

That is 183 days......