Please Help My Daughter!

[Chica Yeyé 41]

A UKC may be eligible for the lottery.

B1 visa is for business purposes.

The million dollar question is do they want to get married?

Bingo!

[TayRivers 4]

Forgive me, but for me the timeline is still very vague. For example, I don't know if this happened 2 months or 8 years ago.

That said, I'm not sure USCIS is aware of your daughter's overstay as she did NOT turn in her expired I-94.

She therefore could apply for a B1, plain and simple. If that goes through and she visits the father of her daughter and afterward feels she still would like to move to the US, she can return to the UK and he can file the appropriate paperwork for her from the US.

There's nothing to lose for her by trying . . .

It would not be advisable for the OP to fail to disclose any information to USCIS or the embassy if they were to apply for any visa.

All visa applications will require you to disclose information on all visits to the USA.

I also want to remind people that it is against TOS to encourage anyone to be less than truthful when dealing with USCIS.

Tay

[Sylvia_n_Joseph 3]

A UKC may be eligible for the lottery.

B1 visa is for business purposes.

The million dollar question is do they want to get married?

How could a UKC be eligible ? A person could be dual citizen and eligible thought one/both but I don't think UKC are

[English Muffin 59]

How could a UKC be eligible ? A person could be dual citizen and eligible thought one/both but I don't think UKC are

Citizenship is irrelevant, it's a person's place of birth that matters.

[Boiler 45,525]

How could a UKC be eligible ? A person could be dual citizen and eligible thought one/both but I don't think UKC are

Citizenship is irrelevant, it's a person's place of birth that matters.

Yep

Loads of UKC's not born in the UK.

[ReplayAsap 0]

A UKC may be eligible for the lottery.

B1 visa is for business purposes.

The million dollar question is do they want to get married?

Yes, they wish to get married.

They always planned to. Also, she returned to England just under a month ago.

[ReplayAsap 0]

Anyone esle able to shed some more light?! Please.

[canadian_wife 1,822]

Sounds like you have your answers, your daughter overstayed her alloted time by over 365 days, she has a 10 year ban from the US (always assume that USCIS already knows this, they usually do)

Your daughter's fiance will need to petition for her. They will be denied due to the overstay (if the ban has not already expired by then) and then an I-601 will be filed to overcome the overstay.

Alternatively, the fiance could move to the UK, your daughter could get work sponsorship, or become a student. All of those do not wave the overstay however.

Good luck.

[ReplayAsap 0]

Thank you to everyone..

Overall. It doesn't sound promising.

[canadian_wife 1,822]

It is certainly an uphill battle, but it is overcomeable. The correct steps must be done. Since there is a child involved, perhaps a consultation with a qualified immigration attorney would be best to determine the best options.

[JimVaPhuong 4,863]

Anyone esle able to shed some more light?! Please.

I think you've been told pretty much everything there is to know. Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it. Your daughter is now classified by USCIS as "inadmissible". The only way she's going to get back into the US before the 10 year ban expires is to get a waiver of that inadmissibility.

In order to get the process started, her fiance needs to file a petiton for a K1 visa on her behalf. Under the IMBRA laws, he will have to reveal all relevant criminal convictions, and provide complete court documents related to them. The criminal convictions won't automatically disqualify him unless they fall under the Adam Walsh Act (basically, if he's a convicted sex offender). The purpose of revealing the convictions is because the law requires the foreign spouse/fiancee to be informed of his criminal history. If the petition is approved, then she can file an application for a K1 visa at the US consulate in her country. The visa application will ultimately be denied because of her overstay. At that point, she'll need to apply for a waiver.

In order to get the waiver she's going to need to file an I-601 application. The only grounds she can use is that her US citizen fiance will suffer extreme hardship if she is not permitted to re-enter the US. She will need to prove that he cannot move abroad to live with her, and that he cannot live without her in the US. There are 4 different levels of hardship, and she will need to demonstrate one or more of these in order to get the waiver approved. Here is a very good article written by an attorney regarding the levels of hardship, and what sort of evidence is acceptable:

http://www.visacentral.net/I601Memo.pdf

If the waiver is approved, and she eventually gets the visa, then she'll have six months to travel to and enter the US. After entry, they will have 90 days in which to get married and file for a green card.

This is likely to be a lengthy process, and the risk of a denial at any point along the way is significant. You should seek a very competent immigration attorney, and be prepared to spend many thousands of dollars before it's finished. Even without the attorney, a relatively simple K1 immigration will cost several thousand dollars, when travel costs are included.

There are a myriad of additional details and variables which I've not described, and you're not going to get the kind of education you need by asking questions on a forum. I recommend all three of you - your daughter, your future son-in-law, and you spend a considerable amount of time learning about the process and the laws. Don't leave everything up to the attorney. Without some basic education, you won't even know the right questions to ask.

This is a challenge, but you CAN succeed if you put enough effort into being adequately prepared at each stage of the process.

Good luck.

[ReplayAsap 0]

Anyone esle able to shed some more light?! Please.

I think you've been told pretty much everything there is to know. Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it. Your daughter is now classified by USCIS as "inadmissible". The only way she's going to get back into the US before the 10 year ban expires is to get a waiver of that inadmissibility.

In order to get the process started, her fiance needs to file a petiton for a K1 visa on her behalf. Under the IMBRA laws, he will have to reveal all relevant criminal convictions, and provide complete court documents related to them. The criminal convictions won't automatically disqualify him unless they fall under the Adam Walsh Act (basically, if he's a convicted sex offender). The purpose of revealing the convictions is because the law requires the foreign spouse/fiancee to be informed of his criminal history. If the petition is approved, then she can file an application for a K1 visa at the US consulate in her country. The visa application will ultimately be denied because of her overstay. At that point, she'll need to apply for a waiver.

In order to get the waiver she's going to need to file an I-601 application. The only grounds she can use is that her US citizen fiance will suffer extreme hardship if she is not permitted to re-enter the US. She will need to prove that he cannot move abroad to live with her, and that he cannot live without her in the US. There are 4 different levels of hardship, and she will need to demonstrate one or more of these in order to get the waiver approved. Here is a very good article written by an attorney regarding the levels of hardship, and what sort of evidence is acceptable:

http://www.visacentral.net/I601Memo.pdf

If the waiver is approved, and she eventually gets the visa, then she'll have six months to travel to and enter the US. After entry, they will have 90 days in which to get married and file for a green card.

This is likely to be a lengthy process, and the risk of a denial at any point along the way is significant. You should seek a very competent immigration attorney, and be prepared to spend many thousands of dollars before it's finished. Even without the attorney, a relatively simple K1 immigration will cost several thousand dollars, when travel costs are included.

There are a myriad of additional details and variables which I've not described, and you're not going to get the kind of education you need by asking questions on a forum. I recommend all three of you - your daughter, your future son-in-law, and you spend a considerable amount of time learning about the process and the laws. Don't leave everything up to the attorney. Without some basic education, you won't even know the right questions to ask.

This is a challenge, but you CAN succeed if you put enough effort into being adequately prepared at each stage of the process.

Good luck.

Thank you ever so much for your detailed reply.

We will all be discussing the steps forward.

[raymaga 25]

I agree with previous posters who have said that your daughter needs to consult an immigration attorney.

BUT... having said that.... I also agree that you all need to do as much research and become familiar with the immigration process yourselves. So many people were given very bad advice from lawyers that ended up costing them a lot of money AND did them harm, rather than good.

We had a free 1/2 hour consultation with an immigration attorney at the beginning of our K-1 visa process, but ended up doing all our own paperwork and saved thousands of dollars. My husband and I spent a lot of time researching the process on the USCIS webiste BEFORE we filed our application. A lot of lawyers will provide a free first-time consultation, but like a previous poster has said, you will need to know what questions to ask, so do some research on the USCIS website, as well as here on VJ in the "Guides" and "Visa FAQ" sections. There is also a "waivers" forum that might provide you with some good information.

Good luck.

[Brother Hesekiel 2,236]

Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it.

Jim,

you are stating that USCIS knows about the daughter's overstay with certainty. With--literally--millions of people traveling between the US and other countries every year, isn't it possible, very likely, actually, that a few thousands of visitors lose their I-94 form (which is often stapled to a page of the passport). Does USCIS really match every departure with the appropriate entry form and in case there's no match, automatically issue a ban by putting their names into a computerized persona non grata database? If that's the case, wouldn't there be thousands of people banned from visiting the US again, just because they lost a piece of paper while having a good time on vacation?

Just curious . . .

[john_and_marlene 162]

Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it.

Jim,

you are stating that USCIS knows about the daughter's overstay with certainty. With--literally--millions of people traveling between the US and other countries every year, isn't it possible, very likely, actually, that a few thousands of visitors lose their I-94 form (which is often stapled to a page of the passport). Does USCIS really match every departure with the appropriate entry form and in case there's no match, automatically issue a ban by putting their names into a computerized persona non grata database? If that's the case, wouldn't there be thousands of people banned from visiting the US again, just because they lost a piece of paper while having a good time on vacation?

Just curious . . .

How would you answer the part of the DS156 that asks: Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

And, then they have to sign the statement: I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible.