DENIED!!!

[Annie+Mike 0]

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.

Yes but in all honesty it is a little crappy when I overstayed to be with my future husband!! We have our secure relationship and now we cannot set up a future together in the US!! We will be married for god sake.. to be honest I think that it is BS.. The only thing that I did was fall in love! I have no convictions or character flaws and there are no hard and fast rules when it comes to love!

Think some humanity would be nice

[Yodrak 7]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

[TracyTN 237]

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.

Yes but in all honesty it is a little crappy when I overstayed to be with my future husband!! We have our secure relationship and now we cannot set up a future together in the US!! We will be married for god sake.. to be honest I think that it is BS.. The only thing that I did was fall in love! I have no convictions or character flaws and there are no hard and fast rules when it comes to love!

Think some humanity would be nice

ALL of us here want to be with our future spouses as much as possible, and we are fortunate to be able to use the VWP to do that. My fiance and I knew we eventually wanted to live here, so we were very careful to learn the rules and what NOT to do so that we wouldn't jeopardize our future plans.

All I 'did' was fall in love, too, but I still knew that we'd ultimately have to live by someone else's rules (namely the US government) if we wanted our future as we'd envisioned it. The government's rules aren't about love - meaning there ARE rules that must be followed in order to settle here together as husband and wife.

I DO feel bad for you, but with all due respect, I'm not sure what this has to do with the rules, and whether or not they have taken 'love' into account. It has more to do with the fact that you did not follow them (knowingly or not).

The only thing you can do now is try and fix what has been done - and if it cannot be fixed, make a life somewhere else for the next several years.

*edited for clarity*

Edited July 20, 2007 by TracyTN

[Annie+Mike 0]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

[MaRob 0]

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.

Yes but in all honesty it is a little crappy when I overstayed to be with my future husband!! We have our secure relationship and now we cannot set up a future together in the US!! We will be married for god sake.. to be honest I think that it is BS.. The only thing that I did was fall in love! I have no convictions or character flaws and there are no hard and fast rules when it comes to love!

Think some humanity would be nice

With all due respect, this is a website full of people who are in love with someone and waiting; going through the process to be with their fiance or spouse, and are doing it legally, by going through the correct process... there may be no hard and fast rules when it comes to love, but there are hard and fast rules when it comes to imigration... there are a plethora of solutions out there to allow you to be with your loved one, even if it doesn't include the United States.

(just a side note, I know hindsight is 20/20 and all, but if you had married him and filed for AOS before leaving the country, you may be in a different situation) Good luck with your waiver though... maybe if you write a letter with it explaining your circumstance, they will take it into consideration.

[TracyTN 237]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

[Annie+Mike 0]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike

[Yodrak 7]

Annie+Mike,

I'm glad to learn this, and sorry that you didn't get the service that you should have. I apologize for jumping to conclusions, in particular for jumping to the wrong conclusion.

Either the attorney overlooked important information or he did the math correctly and the consulate has not. Don't know what services your arrangement with the attorney provides for, but if the consulate did not do the math correctly then perhaps you should use the attorney's help to correct the consulate's thinking.

Best wishes for success.

Yodrak

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

[john_and_marlene 162]

After thinking about the overstay calculation, I'm wondering if the I-94W might have had a period of admission less than 90 days. 90 days is the maximum, but they can make it less. Did you turn in the I-94W when you returned? Are you sure the I-94W was dated for 90 days?

[TomTom 0]

Annie+Mike, I'm all for humanity. But when traveling to another country you're always subject to local laws. What may be legal at home may get you into prison, or even worse on other areas of this world. You're from a civilized and rich country, I'm sure you have immigration laws, too. You don't have to be scared in Ireland, you won't have to starve. I have some sympathy with refugees who literally run for their lives, who don't have another option. But honestly, you should have known that you can't just stay in another country indefinitely, the rich countries on this planet need to protect themselves from being flood by millions of people. And I don't think that love is an excuse anywhere. I would've reacted differently had you been married already. My fiancee and I got to learn the laws of both of our countries to see what our options are, because we also didn't want to jeopardize our future and then later have to tell ourselves that we were just plain stupid, that we should've done some research. But seriously, if you're banned and you can't overturn the ban then that's not the end of the world. Why not live in Ireland with your future husband for a while. But don't be as stupid (sorry, I have to use this word) as you were in the US and forget to research your options in Ireland, what the immigration laws regulate there.

[kitkat1 5]

After thinking about the overstay calculation, I'm wondering if the I-94W might have had a period of admission less than 90 days. 90 days is the maximum, but they can make it less. Did you turn in the I-94W when you returned? Are you sure the I-94W was dated for 90 days?

This makes the most sense. The duration of authorized stay was on the I-94. VWP does not provide any leeway on overstays.

It's naive to think there are any exceptions to overstays with US immigration law. If my fiance overstayed his tourist visa because I was in a car accident and in a coma for 4 months, USCIS would not care. I would still need a waiver (and I've been waiting for 8 months so far for waiver adjudication).

[TimsDaisy 0]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike

Well there is use addressed the lawyer issue if he's guilty of malpractice, in which case, you may be able to recoup your money or perhaps more importantly, protect other unknowing clients from being harmed by his negligent legal work. Report him to the state bar at once.

And we're still missing facts here I think - I can't figure out how long you thought you could stay or when you started counting 90 days from or after, etc . . . .

[rebeccajo 14]

Well, a waiver still needs to be filed. So does it make any difference if the bar is 3 years or 10?

[kitkat1 5]

Well, a waiver still needs to be filed. So does it make any difference if the bar is 3 years or 10?

Only that if it was a three year ban, and she left the US in February 2004, the ban is now over. So being sure the time calculation is 100% correct is key here.

To the OP, I think you need to start by reading the rules on the VWP program or perhaps consult a qualified attorney to figure this one out (try Laurel Scott or Heather Poole - you can find both on Google and they both have excellent reputations). My impression is that with the VWP, day 91 is when the overstay starts, and that perhaps the "under 180 day rule" does not apply to VWP.

[Annie+Mike 0]

Annie+Mike,

The common line here at VJ is that there is no reason to consult with an attorney if one has a straight-forward, un-complicated case.

You knew that your case had a possible issue, yet you chose to make an assumption rather than have a consultation with an attorney to find out? The outcome might well have been the same, but you would have been ready for it and prepared in advance to take the next step of applying for a waiver rather than reeling in shock.

Lesson to others here.

Yodrak

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.

the problem with that was that we did consult a lawyer-- hired one, filled out all of his paperwork and when we consulted him on our case 3 months later he had not even submitted our paperwork! He did not give us a reason to doubt our case even though we gave him all the information

In hindsight perhaps we should have gotten another lawyer..

Truthfully, there isn't anything a lawyer can do unless and until you received the denial - except possibly begin preparing the paperwork for the inevitable waiver. Granted, if he did not mention to you that he forsaw any issues, then he probably wasn't very competant (at least not in the area of immigration).

Well there is use addressed the lawyer issue if he's guilty of malpractice, in which case, you may be able to recoup your money or perhaps more importantly, protect other unknowing clients from being harmed by his negligent legal work. Report him to the state bar at once.

And we're still missing facts here I think - I can't figure out how long you thought you could stay or when you started counting 90 days from or after, etc . . . .

I entered the stated on 7th November 2002- at that time I was on a 90 day holiday visa that all europeans get which would have allowed me to be in the states Legally until 6th february 2003-

I didn't leave the states until 3rd february 2004 which means that I overstayed by 362 days. However the embassy are including the 90 days in their calculations which puts me being in the states for 452 days.. Is this any clearer for you??

ya.. i guess there is no point in crying over spilt milk and all of that-- at this point it is just a question of putting all of our energy into the waiver although from what I have heard they and not successful 9 times outta 10-- Anyway time to change focus again.. Thanks for all of yere help.. Annie+Mike