Overstayed my B2 in the usa then returned home !!!

[crazyangel 0]

I live in the UK my fiance lives in the USA.I got approved for my B2 visa in Feb 09.Went for a visit and returned home in 2 weeks.Then in June 09 i went to visit again and came back just last week.So i overstayed my visa by 105 days.We were going to get married ,we had consulted an attorney in the USA and the advice she gave was good and told me to overstay get married and then file for adjustment etc. But then we had money problems and just could not afford to get married then i had problems back home so i had to return.

So now my fiance wants me to go back to the USA for a visit and i contacted the Emabssy at London and they told me I can re-apply for another B2 but whether or not it is granted is up to the interviewing officer. My fiance and I have been together for 4 years and can prove that relationship on paper.

So now what happens am I barred from re-entry to the usa for 3 years,or can he apply for the fiance visa.Or is my hopes to be with him forever turned into dreams of what could have been.

He cannot live in the UK or travel here as he is on parole for possesion of drugs and a fire arm.I was not involved or charged with any of this,but I had to get the B2 visa as I have a criminal record for petty theft 23 years ago,and the crimes of Moral Turpitude are somewhat confusing.At first i was turned down for the visa but the immigration officer filed for a waiver.

Now i feel as though ive messed up big time.

I feel so confused right now and need some guidance on where to go next or if there are any good lawyers in the UK that I could consult with.

Many thanks

[justashooter 430]

I feel so confused right now and need some guidance on where to go next or if there are any good lawyers in the UK that I could consult with.

if you intend to get married during your next trip to USA do not use a B2. use a K1. a K1 would prolly be easier to get in your situation, anyway.

posession of drugs and unlawful posession of a firearm? these are serious charges that will follow this guy for the rest of his life and impair his socio-economic standing, and thereby yours, if you marry him.

[ziia 9]

He cannot live in the UK or travel here as he is on parole for possesion of drugs and a fire arm.I was not involved or charged with any of this,but I had to get the B2 visa as I have a criminal record for petty theft 23 years ago,and the crimes of Moral Turpitude are somewhat confusing.

I'm sorry to hear about your troubles. I do agree with justashooter that you can try the k1 route. Did your boyfriend pay his taxes to the US government?

Edited March 28, 2010 by ziia

[crazyangel 0]

I'm sorry to hear about your troubles. I do agree with justashooter that you can try the k1 route. Did your boyfriend pay his taxes to the US government?

My fiance was in prison for 14 years so hasn't paid taxes for that length of time,and he also has a serious back condition that is going to lead to paralisis so he was waiting for a claim for social security disability.

[Sc0tt28 26]

the crimes of Moral Turpitude are somewhat confusing

I don't find them very confusing, let me know if you have any questions...maybe I could try and explain.

[JimVaPhuong 4,863]

My fiance was in prison for 14 years so hasn't paid taxes for that length of time,and he also has a serious back condition that is going to lead to paralisis so he was waiting for a claim for social security disability.

An overstay has to be at least 180 days to result in an automatic ban. On the other hand, your overstay is not going to make it any easier for you to get another B2 visa, especially considering you needed a 212(h) waiver to get the first one.

Ok, what your attorney suggested was Russian roulette. It would have been perfectly legal for you to marry your fiance in the US. The spouse of a US citizen IS eligible to apply for a green card while they are in the US, however, there are some conditions attached. One of those conditions is that you did not intend to immigrate when you entered with your non-immigrant visa. Let's be clear that what really matters here is what USCIS thinks your intention was, and not what your intention really was. If they conclude you intended to immigrate, based on the fact that you came to be with your fiance, and had done so previously, then they would have denied your green card application. Further, you would probably have been found to be guilty of material misrepresentation; i.e., lying on your green card application. The consequences are deportation and a possible lifetime ban from the US. This is why I say it's Russian roulette - it's possible to marry in the US and apply for a green card, but there is considerable risk if you fail. This risk doesn't exist if you enter the US with a visa intended to permit you to marry and apply for a green card.

If you needed a waiver for the B2, then you'll probably also need a waiver for the K1. Since you qualified on your own for the waiver with the B2 visa, you should be able to qualify on your own with the K1, as well. I presume you qualify because it's been more than 15 years since the offense. If it had been less than 15 years then your fiance would probably need to ask for a waiver on your behalf, based on his own hardship.

Your fiance's financial status may be a problem. He will have to provide an affidavit of support for you. The general requirement is that he must have income equal or higher than 125% of the poverty guidelines for his household size, which will include you. If it's only you and him, then he would need an annual income of a little over $18K. If he gets SSDI then that income can be counted. On the other hand, if he gets SSI then it can't be counted. If he can't meet the income requirements, then he'll need to find a co-sponsor who qualifies.

[Brother Hesekiel 2,236]

Once Jim has left one of his usual, award-winning responses, all we mortals can do is click the + button to give it a thumbs up rating.

[crazyangel 0]

I don't find them very confusing, let me know if you have any questions...maybe I could try and explain.

I was arrested for theft at age 15 for taking a train journey without a ticket then at 17 and 18 years old i was arrested for shop lifting.My record has been totally clean since then,im now almost 44 years old (yikes).

Anyhow on the crimes of Moral Turpitude isn't it 3 crimes of the same catagory ??

The immigration officer at the Embassy applied for the Waiver on the basis that my criminal record was such a long time ago,and on entry to the USA i was taken to secondary immigration and questioned at length about the purpose of my visit.Each time I would say tourist and to visit friends,but was never asked for any details regarding the friends.

But on this recent visit to the USA I did have police contact but only as a victim so I was thinking this could be an excuse for my overstay,also i was involved in a car accident ,leaving me with severe back ache ???

[JimVaPhuong 4,863]

I was arrested for theft at age 15 for taking a train journey without a ticket then at 17 and 18 years old i was arrested for shop lifting.My record has been totally clean since then,im now almost 44 years old (yikes).

Anyhow on the crimes of Moral Turpitude isn't it 3 crimes of the same catagory ??

The immigration officer at the Embassy applied for the Waiver on the basis that my criminal record was such a long time ago,and on entry to the USA i was taken to secondary immigration and questioned at length about the purpose of my visit.Each time I would say tourist and to visit friends,but was never asked for any details regarding the friends.

But on this recent visit to the USA I did have police contact but only as a victim so I was thinking this could be an excuse for my overstay,also i was involved in a car accident ,leaving me with severe back ache ???

A single crime of moral turpitude is enough to make you inadmissible. There are some exceptions, though. If the crime was committed before the applicant was 18, and it's been at least 5 years since the conviction, then the crime won't make the applicant inadmissible. Similarly, if the maximum possible sentence for the crime was 1 year or less, and if the actual sentence was 6 months or less, then the crime won't make the applicant inadmissible. If neither of these exceptions apply, then the applicant is inadmissible. A waiver can be granted if the conviction occurred more than 15 years ago, or if a US citizen sponsor submits a request for a waiver based on extreme hardship.

Perhaps you're thinking about the US citizen's requirements under IMBRA, which does specify 3 or more crimes involving a controlled substance or alcohol. That affects whether the US citizen has to declare those crimes with an I-129F petition. It has little to do with the foreign beneficiary.

The overstay was less than 180 days, so no automatic ban was incurred. They may question you about it, but it's not grounds to deny your visa by itself. You don't really need an excuse for the overstay (though they may ask for explanation), and there's no provision in the law for an overstay to be excused because the applicant had a good excuse for it. Don't worry about it. Just be honest, and it shouldn't cause you any problems.

[crazyangel 0]

A single crime of moral turpitude is enough to make you inadmissible. There are some exceptions, though. If the crime was committed before the applicant was 18, and it's been at least 5 years since the conviction, then the crime won't make the applicant inadmissible. Similarly, if the maximum possible sentence for the crime was 1 year or less, and if the actual sentence was 6 months or less, then the crime won't make the applicant inadmissible. If neither of these exceptions apply, then the applicant is inadmissible. A waiver can be granted if the conviction occurred more than 15 years ago, or if a US citizen sponsor submits a request for a waiver based on extreme hardship.

Perhaps you're thinking about the US citizen's requirements under IMBRA, which does specify 3 or more crimes involving a controlled substance or alcohol. That affects whether the US citizen has to declare those crimes with an I-129F petition. It has little to do with the foreign beneficiary.

The overstay was less than 180 days, so no automatic ban was incurred. They may question you about it, but it's not grounds to deny your visa by itself. You don't really need an excuse for the overstay (though they may ask for explanation), and there's no provision in the law for an overstay to be excused because the applicant had a good excuse for it. Don't worry about it. Just be honest, and it shouldn't cause you any problems.

many thanks

[Gemmie 142]

Are you still intending to get married and stay in the US with him?

If so, you're not allowed to apply for a B2 visa for that. If you're outside the US currently (which you are) and wish to marry and emigrate over there, you need to 1) either apply for a K1 visa or 2) get married and apply for a spousal visa.

Getting married is going to be difficult as it is because you'd have to admit to an overstay and/or being arrested in the past, both grounds for denial of entry. I would go for the K1 and I would recommend getting a lawyer for this process as there are complications. I personally wouldn't like it to be hindered by an overstay, criminal backgrounds on both sides and lack of funds.

Edited March 30, 2010 by Gemmie

[JimVaPhuong 4,863]

Getting married is going to be difficult as it is because you'd have to admit to an overstay and/or being arrested in the past, both grounds for denial of entry. I would go for the K1 and I would recommend getting a lawyer for this process as there are complications. I personally wouldn't like it to be hindered by an overstay, criminal backgrounds on both sides and lack of funds.

With very few exceptions, grounds of inadmissibility apply to all types of visas - not just non-immigrant visas like the K1. Her overstay and criminal background are just as likely to come up with a K1 application as they would with a spousal visa application. On the other hand, her overstay was less than 180 days, so there's no automatic ban to be overcome. Likewise, one of her convictions happened before she was 18, and it's been more than 5 years, so it doesn't count as an inadmissibility. The other conviction is more than 15 years ago, so she's eligible for a waiver of the inadmissibility, and has already been granted a waiver once. Aside from additional background checks, and perhaps some extra questioning at the interview, I doubt this will cause her any problems.