Michal K.

On 29/11/2017 at 4:03 AM, az2014 said:

No, as you are no longer eligible to use the VWP, for life.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

cheers

michal 

On 29/11/2017 at 10:53 AM, Going through said:

The likelihood of a "computer glitch" issuing you a new ESTA is slim to none.

 

On the slightest possibility that it did, and you were given a new ESTA?  You would find yourself on a return flight home pretty quickly.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

cheers

michal 

On 29/11/2017 at 12:37 AM, Ontarkie said:

I'll humor the glitch. Say it gives you esta again. After a long long flight back to the US you get the officer looking at you like you have two heads. Thinking ya right buddy and putting your butt on the next plane out. 

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

cheers

michal 

On 29/11/2017 at 2:36 PM, SusieQQQ said:

Neither an ESTA nor a visa give you the right to enter the US. And CBP, having easy access to travel records, can easily turn you back on an incorrectly issued ESTA.

 

of course if it turns out the “computer glitch” was actually due to false information being submitted it would be even harder to get a visa in the future.

Thank you for the reply. But remember that I was in the states converting my status. Which means I had the right to stay so therorethically I didn’t overstay anything at all since my spousal permit was pending. This should be noted somewhere on the system right? So even though  I was in the states converting my status and I left the country for whatever reason (abuse, sickness) it is still conisered an overstay of the original esta entry? It doesn’t make sense to me.

cheers

michal 

On 26/11/2017 at 4:26 PM, JFH said:

This story is getting very complicated.

 

You previously said the following:

 

- you arrived in March this year on the VWP with no intention of staying

- things changed, you got married and decided to stay

- your husband became abusive to the point where you could not continue with the marriage and you left the country

- by this time you had been in the US for 92 days so it was a 2-day overstay on the VWP as the AOS was not complete, therefore abandoned

- you were concerned that you would have problems returning due to the overstay and had no intention of living here, at most you wanted to come as a visitor to initiate divorce proceedings

 

 Now you're saying you left because of your mother's illness and not because of your abusive husband and you are wanting to return to your husband. In the previous thread you were hoping to use the abuse as a forgiveness for the overstay -  in other words, you would have stayed and completed the process but had to leave for your own safety. 

 

To get good information out, you have to put good information in. Please keep the story straight. It annoys people who give their free time voluntarily to answer questions if people are making things up, particularly when it involves sick parents or abusive husbands as these are subjects which many people have had to deal with in real life. 

I left because of the abuse factor and having my mum’s bipolar Illness in mind. Yes I did overstay but would love to return to visit the country. I’ve got friends and family there. Having to apply for a visa through the embassy in London living in Manxhester would be painful.

and if I was issued new esta on the website and told the clearance officer at the airport the story would they admit me? I wonder. Last time I checked my entries into the United States online my last departure was dateless. Whether it was because I already overstayed or because the system didn’t catch me on departure god only knows.

i want to return heeeeellllp

Hello folks,

ive been to the states many a time overland and by plane, using esta recently. I have crossed the border about 6 times but my last visit was with a short delay - 3 days overstay.  That’s because I was awaiting a decision on my green card . As lack would have it my partner turned out to be an abusive man and I had to leave prematurely but 3 days to late according to my esta entry. Is there a chance I get a new esta? I know it’s only issued to those who haven’t overstated but if a computer glitch issues that esta will I be allowed into the country?

thank you

michal 

On 22/09/2017 at 11:19 PM, Boiler said:

Actually abandoned, you now will be doing Consulate Processing.

Right! But Will the process be slightly more simplified? I wonder. Is part of the process like the family petition still valid or would I have to reapply for everything? 

Could you tell me? I’ve heard someone telling me that there’s is a form to use to readjust the already submitted family petition. 

Thank you

On 23/09/2017 at 1:37 PM, Going through said:

Personally,  I have heard of people doing this in the past and getting the document mailed to them and they did successfully cross---HOWEVER---it all depends on the issue date of the AP.  For example, if the AP was issued on June 1st, and you left June 2nd...you're fine and your AP is valid (you just need to get it in your hands for re-entry).  If the AP was issued on June 2nd and you left on June 1st, then you won't be able to use that document to re-enter as it would be easy for POE to determine you left the country without being issued the proper documentation first if they look at the issue date of the AP and the date of your entry into the UK.

 

There is no rule that the AP must be physically in hand before you leave the country---only that the document must be approved BEFORE leaving the country.   If your departure date from the US was before the issue date of the AP, and therefore you left the US without a valid travel document at the time of departure, then you are out of luck.

 

I'm assuming since you left the country in June, that the AP wasn't approved before then, since it seems from the info in your OP that your partner *just* told you about the AP being issued/approved.  @f f gave good advice on how to proceed  in that case.

Thank you for you exhaustive reply. The document was in fact issues some months later.

what is the procedure to reapply for a spousal visa from abroad knowing that I had my stay and work permit endorsed before? Do I need to go through the whole process again or is there some simplified process to follow? I have heard that one of the petitions (the family petition) should stay intact, that only the second part of the application needs to be applied for. How does it work ? Could you she’d some light on it?

best regards

my partner and i filed for asjustment of status in the states in april this year. I couldnt wait for the issuing of the document confirming  advance parole and left the country in June because my mother was very ill in the uk. Thought I couldn't reenter the states according to the immigration laws but right now my partner has told me that advance parole and work permit has been issued in my name.

if he sent me the documents via post would I have a chance to reenter the country on these documents? I have heard that my application was technically abandoned but do u think if I showed up with the advance parole on the border an immigration officer would admit me?

anyone with similar experience please

Hi guys,

my partner and i filed for asjustment of status in the states in april this year. I sisntbwait for the issueingbof advance parole and left the country in June because my mother was very ill in the uk. Thought I couldn't renter the state she but right now my partner has told me that advance parole and work permit has been issued in my name.

if he sent me the documents via post would I have a chance to reenter the country on these documents? I have heard that my application was technically abandoned but do u think if I showed up with the advance parole on the border an immigration officer would admit me?

thanks

32 minutes ago, Coco8 said:

You previous use of ESTA will not matter. If you overstay once is enough not to be able to use ESTA again. 

 

I would not recommend applying for a visitor visa because it will very likely get denied. 

 

I think you should wait at least a year, and maybe then you'd be able to use ESTA again. 

 

The fact that you filed for AOS could complicate things even further. That is why there are K1 visas and so forth. 

 

It is not fraud if he didn't go into the US with the intention to adjust. It is fraud if he went with the intention to adjust. OP, had you sold all your stuff, resigned to your job, etc.? If you did that, they that will make it harder for you because that would be proof of not doing things in the right way.

 

Sorry your boyfriend was abusive. You might want to try to get an annulment or a divorce. Also, the moment you left the i-130 was abandoned but you still might have to withdraw it, I'm not sure how that works.

Guys it's all shoulda woulda coulda, and I see no substance in what you write, one thread contradicts another. My original intent was not to stay and adjust, I came with one suitcase and I never wanted to live in this country! There are better places for Europeans. Honestly. I was convinced by my spouse as he makes a substantial amount and we figured we could do it from within the country while being able to be together. 

Wellif the immigration law in my case states I committed a fraud or crime by overstaying my esta while aod was filed but had to leave due to abuse... then yes this and many other laws are flawed in the USA! After all I left the usa with two days overstay of esta that hypothetically was overridden by the pending application of bloody adjustment. Where is sense in all of this? I'm permitted to stay on esta if I file aod but should the circumstances change and I get beat up by my relative my departure will be considered overstaying my esta. Any immigration lawyer on here? Or is it just your logical conclusions ? Cos my logic is as above. 

what a state! g

thanks guys

6 minutes ago, JFH said:

It may be a poor choice of wording but it does sound to me like AOS was intended all along (especially the use of "originally" - I interpret that as "from the beginning". 

 

That matters not, unless the OP plans to do it again with the same (should reconciliation happen) or a future spouse. 

 

Overstay is overstay. You must now apply for a visa should you wish to return. Whilst you may read that overstay is forgiven for spouses of USCs, that applies to those adjusting status in country, not overstaying as a visitor and returning home. 

I think you didn't understand what I wrote. I arrived in the states in march and we didn't intend to adjust my status as we were hovering over moving back to Europe. Since my husband already had a job a decision to adjust status came along in April. We filed aod in the states same month. I never intended overstaying my welcome in the states and considering I had a choice of doing AOS using just my passport while in the states would overstay on esta apply if I chose to leave due to marital problems? . It appeared that we didn't get along with my spouse and I had to leave the country on the 92nd day of my original ESTA. Does this mean in the eyes of the us immigration law that I broke any law? If I was permitted to squat in the USA waiting for my green card as they are available for immediate family members... then what law did I break? I left the country while I was exercising another right. Will this affect my esta if next time I arrive in the states I give the clearance officer an explaination involving AOS incident? God forbid returning to the last spouse of mine! No! that would be on a tourist basis and to get divorced!

Hello,

i wonder if anyone

of you experienced a slight overstay on their ESTA. It was my fourth time in history that I travelled  on this electronic visa waver. This time I overstayed as I originally was supposed to adjust status in the USA, I actually filed for adjustment of status with my American husband. It tuned out my fella was a little abusive and I changed my mind staying in the states and returned to the UK. The application for AOS was pending at USCIS nonetheless I entered on esta and left on the 92nd day. Will

this have an impact on my future travels to the USA or considering my good history of timely visits this will be overlooked. Also the fact that I was in the process of adjusting status in the USA but had to leave due to abuse... I wonder what you guys think? Will I have problems returning on my esta in the future or my explaination regarding the intention to adjust status will be good enough?

thanks for help

6 minutes ago, Jojo92122 said:

You mark box a since a visa number would be available to you if the I-130 immigration petition is approved.

thank you very muvh

Hello folks,

One of the first questions on this form is the basis of my application. I am filing this document as an esta traveller, married to a US citizen. I don't see any points that relate to my situation. My spouse is filing I-130 petition for Alien Relative. If, and only if I understand it correctly I should be marking the first box, or should I use the last box with other reasons. What do you guys suggest? check attachment please.

thank you for help

I485.pdf

53 minutes ago, Transborderwife said:

I would move and then send in the AOS myself.

thank you but this doesn't answer my question.

Hello folks,

I would like to ask you whether it is possible to apply for adjustment of status in any major city of the United States, or is it limited to the catchment area of the last physical address of both spouses. My partner and I are moving to New Orleans in a month so I thought it would be easier to do fingerprinting in our next destination than to come back to Chicago. It is possible or do we have to apply for AOS in the USCIS office nearest to our current location?

thanks

Michal