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Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted (edited)

I had my interview June 5th in London, my husband had an email a couple of days ago to say I am ineligible for a visa due to overstaying visitor's visa in 2005/2006, even though I applied to adjust status, checked with an officer at the immigration place that we were allowed to do it, he said yes as long as I started the process before my 3 month visa expired. We gave up on the visa at that time as would have had to sell my UK flat from the US within 90 days to secure enough funds. Anyway I am waiting (here in UK) for a letter of instruction on how to apply for a waiver and have to get a further interview. Has anyone any experience of this, and how long it takes? I presume it will be costly and time consuming. My husband has now moved back here to be with me as we were apart too long and now we are wondering if this was a wise move as he has given up his US work and address, so how do we ever get back there?

Edited by celtic59
Filed: K-1 Visa Country: Wales
Timeline
Posted

The Immigration officer was correct, assuming you entered without Immigrant intent.

If you overstayed your 90 days by more that 180 days you have a 3 year ban, by more than one year you have a 10 year ban.

You can look on the waiver forum here and at www.immigrate2us.net, doable, but you need to word it correctly, an English Comprehension test.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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