VWP denied entry b/c of overstays???what next besides 3-year ban??

[Boiler 44,865]

You need a return ticket to use the VWP.

[medium 0]

thanks again everyone. wishing you the best, m

[M_n_M 1]

I think your best bet if you're able is to just move to Aus for those 2 years remaining of her ban, or even the last year, marry there, and then file DCF (which is a lot quicker than a regular CR1 or K3.) Otherwise, I doubt your situation is so dire that a waiver would be granted.

Good luck!

~M

[Prawninator 138]

One-way tickets are a red flag to any immigration officer looking at the green slip that is the VWP entry form.

I would know... I was stuck in San Francisco's secondary customs for over three hours because of a mistake I made on my plane ticket some time in 2007, and did not have a return ticket. Luckily my then-fiancé was there and they interrogated us both, did thorough searches before letting me buy a return ticket for the end of my VWP and let me go. Thank goodness we had a 7 hour layover in SFO!

As for the OP, sorry to hear about your problem. Mistakes can be made, yes. But in your case, your fiance made the same mistakes one too many times. I guess it can be due to oversight, but I believe that's unlikely. I've always travelled on the VWP prior to moving here, and it was always at the back of my mind that I didn't have a lot of time left here, and would always check to see if I had overstayed or not, and I don't see how you can overstay for more than a month. I can probably understand a week or so, but not several months at a time.

And definitely not more than once. Sounds more deliberate than anything.

Good luck with your appeal.