Overstay Visa in the US

[Jason&Nicole 0]

A hello to everyone out there in the immigration world, also known as hell..

I've been keeping up with this site for a while, I think this is my third user account by now, I just keep coming back.

I'm in a really tight spot right now and need some helpful advice..

I'm living in the UK, I am a UK citizen and my girlfriend is a US citizen.

To cut a very long story short... I divorced an American citizen last year and overstayed my 2 year conditional Green Card for about 6 months, it expired on 03/14/08 and I was in the country until early september. The divorce happened before I got my ten year visa, and without having alot of knowledge of what to do I let time go by. I was living my dream with my girlfriend who I am still with now, but have since had to return to the UK. we are in separate countries and I have no idea how to get back into the US legally..

We are considering marrying over here, but need a little insight about where to start.. also, for now I am happy just to be allowed back into the US with a non immigrant visa.. just a visit would do.

I have written to the US embassy in the UK informing them of my situation, but the letter I received back contained a spiel of technical ####### that only a lawyer could understand. Something about contacting a "consular" (though looking online, i have been unable to find out how to contact one or where i can find one... or even who the hell they are.)

The websites I've looked at only give partial information with no comprehensive or prioritized list of what i'd need for a nonimmigrant visa. I know i'd need to schedule a visa application interview, but there is no information on how to do this. I'm not sure what order to do any of these steps, as each page cites different orders and different forms to be filled out, each one more complex and round-a-bout than the last.

Does anybody know where to start, or could anyone recommend a resource with the clarity I am looking for (minus all the redundant legalese and evasive semi-answers)?

ps - i have looked into pro-bono lawyers and that has been a bust, and paying one is not an option on my salary. damn the man.

pps - I have heard that if the number of days overstayed is less than 180, it might not be a problem.. is this true?? I am paranoid that if I fly into the US, they will send me back on the next flight..

[Chica Yeyé 41]

you got responses in your other thread: http://www.visajourney.com/forums/index.ph...=170638&hl=

[Jason&Nicole 0]

you got responses in your other thread: http://www.visajourney.com/forums/index.ph...=170638&hl=

I've already seen these, I was directed to this forum with the hope of getting even more information.

Does anyone have any information on applying for a K-1 visa and whether overstaying in the US for 175 days will affect my chances of being accepted??

[Singers 0]

You did not incur the ban because you are under the 180 days. (I'd double check your dates and bring proof of this in case they think otherwise.)

I'm sure they will ask you about it during the interview so please tell the truth. It doesn't take them long to figure out when someone is lying.

Please be advised that you CANNOT use the VWP to enter the US. This would be considered fraud. You must apply for a visitors visa in order to enter into the US. (non-immigrant visa)

[Jason&Nicole 0]

You did not incur the ban because you are under the 180 days. (I'd double check your dates and bring proof of this in case they think otherwise.)

I'm sure they will ask you about it during the interview so please tell the truth. It doesn't take them long to figure out when someone is lying.

Please be advised that you CANNOT use the VWP to enter the US. This would be considered fraud. You must apply for a visitors visa in order to enter into the US. (non-immigrant visa)

So, on a k-1 Visa I would be ok as long as I took proof along to my interview..?

What is the VWP?

[Singers 0]

The VWP is the Visa Waiver Program. It allows citizens from participating countries (UK for example) to enter into the US without the need for a visa.

You are no longer eligible for the Visa Waiver Program so you need to go to the Embassy and apply for a non-immigrant visitors visa if you would like to visit the States before you apply for your K-1 visa.

You should be ok for the K-1 visa since you did not incur the ban. Records should indicate that you were not illegally present for more than 180 days. (However they have miscalculated in the past so bring proof of your entry and departure!)

[discoviking 0]

You did not incur the ban because you are under the 180 days. (I'd double check your dates and bring proof of this in case they think otherwise.)

I'm sure they will ask you about it during the interview so please tell the truth. It doesn't take them long to figure out when someone is lying.

Please be advised that you CANNOT use the VWP to enter the US. This would be considered fraud. You must apply for a visitors visa in order to enter into the US. (non-immigrant visa)

It's not quite that simple. You were not there on a visa, you were (and might still be) a permanent resident - even though you had not formally removed conditions yet. You are moving into the area of residency abandonment, which is a murky segment of immigration law. You need at least a consultation with an attorney who specialize in that area, and they are few and far between. This gentleman may be able to help you: http://www.folinsky.com/

Edited January 11, 2009 by discoviking

[LadyJane 1]

I wonder why you didn't file for removal of conditions on your CR-1 visa before it expired? One can apply to remove conditions in cases of divorce, as long as you can show you and your spouse had good faith entering into the marriage. As it is, your CR-1 visa seems to be expired and now it may be too late to remove conditions. However! It never hurts to call the USCIS and formally ask. Maybe your GF can go down to the nearest office and talk to someone in person.

Check out this: http://www.visajourney.com/forums/index.php?showtopic=50400

As to the VWP, Singers is technically correct. However, I have seen many spouses on VJ from VWP countries (and Canada) that still visit the USA while their paperwork was processed. So it is possible to visit. However, it is never a "given" because your entry is at the discretion of the border guard. If you do decide to visit, you'll need to show extensive ties to your home country (ie. property deeds or rental agreement, bank statements, return ticket home, letter from employer stating when they are expecting you back etc) and my husband also brought copies of all of the papers we submitted to USCIS and NVC.

Check out this helpful thread: http://www.visajourney.com/forums/index.php?showtopic=170906

[Aussielad 37]

well.....what im thinking would have happened was you would've had to have filed for your removal of conditions...within the 90 days if not, you would've received a letter stating that its been denied etc, etc because it was sent in, then you would've received a letter to leave voluntarily from the U.S. because you failed to submit the CR-1 removal of conditions, therefore, the application would've been denied.

The letter if i am correct, will be at your last address known the USCIS. So trace it down and see where its at, and get your wife to see where the application is at with a congressman, take care! good luck.

[Jason&Nicole 0]

Wow, thank you, thank you and thanks!

I've been on the phone with the US embassy... after about 25 minutes, I was given an email address and later heard back with another phone number for my Fiancee to call.

So we're going to call them soon and I think we are going to start the K-1 process when we feel confident enough.

I'd like to keep this thread open, I really appreciate the advice!..