Overstayed on VWP -3 year bar and visa denial

[sugarbritches 1]

I have an upcoming interview (hasn't been scheduled yet) and I'm very worried I will be put in administrative processing due to a previous overstay (which was not entirely my fault) yet they will not see it that way.

I overstayed a few years ago on when I was 20 due to being married to a US citizen who kept promising to file my AOS but never did. Thought I would mention that when I entered I was not married and did not have the intention but he proposed after I arrived.

When he still had not filed for my green card I had no option but to leave after he told me ICE were looking for me (I'm not sure if this is true or not). After I left the US I was barred for 3 years. If you are an abused spouse of a citizen you are supposed to be exempt from the bar but although he did mistreat me (which I can't prove) he was not physically abusive.

While I was barred (but before I knew I was barred) I applied for a visitors visa which was denied and they told me at the interview I was barred temporarily due to unlawful presence.

Some time after that I annulled the marriage based on his poor moral character and lies/fraud. A couple of years later I met my current husband and he has filed for my CR1 visa but I'm so worried about getting the 221 (g) slip due to the overstay and visa denial. The bar is since over. I am going to be honest with them about everything at the interview but I still don't know whats going to happen and I'm extremely worried about not being believed. I know if you've ever had a visa denial they think you are just trying to get an immigrant visa to get to the US and not because you are in love.

Please help!

[Justine+David 218]

If you've served the 3 year bar, you should be fine. The visa denial for the tourist visa is no big deal. Remember that you are coming from a low-fraud country and unless you have red flags (Muslim, born in a third world country, criminal activity, etc), you should be fine. The fact that you left voluntarily speaks huge volumes because if you were desperate to stay, you would have. They can see that.

I know London has been asking for a little bit more ongoing relationship evidence than normal in the past few months, so just make sure you have that.

I wouldn't gush about your past relationship because you don't want to make it sound like a bigger deal than it is: just state the facts if asked. You have nothing to hide: you made a mistake when you were 20. I know it sounds like a huge anxiety-induced problem because you're worried about it affecting your current visa, but hyper behavior would start raising flags in their eyes.

Best of luck and let us know how it goes!

Edited February 28, 2013 by Justine+David

[sugarbritches 1]

I am not muslim, born in a third world country and I have no criminal record. I was born in the UK. On my birth certificate is shows my fathers name being middle eastern although he is not muslim. My husband is in the military and he thinks this would help our case.

So far its been 2 weeks since case complete and still no interview date.

I will let you know the outcome. I have plenty of pictures to bring to the interview but not a whole lot else of evidence. We live together but my name is not on the lease. I do have my military id dependent card.

[sugarbritches 1]

My husband is going to come to the interview with me. However he does not have a passport and will enter with his military ID card. I hope the London embassy accept this.

[Justine+David 218]

They may not. You should call the embassy and ask about passports.