Able to travel to the US?

[RichiJenny 14]

Hi All,

Its been a while since Ive been on here, so please forgive me if I am in the wrong area!

I have just called the Embassy, who have informed me that I had to email them with my info. Here's what I told them...

I entered the USA in March 2006 on a K1 Fiance Visa.

I married my Fiance( the US Citizen) on Day 90 - (June 6 2006)

Got my SS card.

After marriage we were aware that the next step was to apply for adjustment of status. We were saving to pay for this when I was taken ill and had to return home to the UK, (August 24th 2006).

I returned to the UK without filing for Advanced Parole or Adjustment of Status.

Since then, I have not been back to the US, and I am now divorced from my wife.

I've since met a beautiful girl from New Jersey, and I'd like to visit her at Christmas.

We have discussed a long term future together and will make a decision on whether to go for the K1 process or another way then.

What concerns me is travelling to the US, for a week / 10 day holiday. Can I still travel on the I-94 vwp? Will I need to apply for a visa?

I've spoken to a couple of immigration attourneys but I have had different answers! One says I can still use vwp, the other says I'll need to apply for a visa. Obviously thats not much use to me really, as I'd like a definite answer - and this site has always been a great help to me.

thanks

Richi

[payxibka 10,044]

cannot use VWP with an overstay

[raymaga 25]

The OP did not "overstay". The OP left the U.S. without first filing for AOS or AP.

I believe you will have to inform USCIS that you are no longer married to the USC and that you want to cancel your case.

[payxibka 10,044]

The OP did not "overstay". The OP left the U.S. without first filing for AOS or AP.

I believe you will have to inform USCIS that you are no longer married to the USC and that you want to cancel your case.

Yes they did overstay... The I-94 expired June 6,2006 and left August 24, 2006.

Without the I-485 having been filed, there is no "pending" status in order to defer/waive/forgive the accrued days.

Edited September 24, 2008 by payxibka

[RichiJenny 14]

Its interesting because I have had varying opinions on whether I overstayed, right down to the CBP.

I was simply 'out of status'.

I'll contact the USCIS once I receive an answer from the Embassy. I did as requested and married within 90 days.

The next step was to change the status, which I had to leave for medical reasons. Thanks for your help guys. Any further opinions welcomed,,,

[payxibka 10,044]

Out of status: A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification, for a specific purpose. For example, student , visitor (B), temporary worker (H). Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. When you arrive in the U.S., a Department of Homeland Security (DHS) Customs and Border Protection (CBP) inspector determines whether you will be admitted, length of stay and conditions of stay in, the U.S. When admitted you are given a Form I-94 (Arrival/Departure Record), which tells you when you must leave the U.S. The date granted on the I-94 card at the airport governs how long you may stay in the U.S. If you do not follow the requirements, you stay longer than that date, or you engage in activities not permitted for your particular type of visa, you violate your status and are considered be "out of status". It is important to understand the concept of immigration status and the consequences of violating that status. Failure to maintain status can result in arrest, and violators may be required to leave the U.S. Violation of status also can affect the prospect of readmission to the U.S. for a period of time, by making you ineligible for a visa. Most people who violate the terms of their status are barred from lawfully returning to the United States for years. See our Visa Expiration Date page for more information.

Overstay: An “Overstay” occurs when a visitor stays longer than permitted as shown on his/her Arrival/Departure (I-94) card. A violation of the CBP defined length of admission may make you ineligible for a visa in the future. See Out of status.

http://travel.state.gov/visa/frvi/glossary...363.html#orphan