Waiver Needed?

[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)

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 10,045]

No, any previous overstay precludes you from using the VWP. If you wish to visit you will need to secure a B2 visa.

Unless you have accrued an overstay of more than 180 days, you have no ban that will requires a waiver.

Edited September 24, 2008 by payxibka