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Applying for visa after VWP overstay ban has expired

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Filed: Other Country: United Kingdom
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Hi there,

Many years ago I stupidly overstayed my VWP and quite rightly got my 10yr ban and of course ineligible for VWP now.

The ban has now expired and I'm hoping to be able to go visit my kids in Utah sometime either the end of the year or early next year.

I'm just worried that when I go to the Embassy to apply for my visa I wont be able to show enough ties to the UK for them to be able to approve it.

I don't own a home, nor am I in a rental contract. With the work situation in the UK at the moment I'm working for an employment agency so although I'm generally working full time I don't know if this would be classed as full time employment.

I do own a car, have mobile phone contract, credit cards and bank accounts here but how much would that help in proving ties?

My girlfriend is in full time employment (in a job that she's been in for 20 years so is unlikely to walk away from) but would the Embassy take that into account at all?

I only wish to be able to visit for a couple of weeks as I haven't seen the kids in quite a few years and hopefully be able to visit occasionally in the future.

Should I:

Hope for a 10yr visa with multiple entries?

Hope that they might allow me a shorter term visa with just one entry so I can show that I will be returning?

Or accept that I will probably never be able to go back over there?

Thanks for reading

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Country: Monaco
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Mac, there isn't much you can do other than gather your best evidence of ties to the UK, apply for a visa and go to the interview. Considering your situation and history it will depend on how your interview goes. Possibly it will not be a walk in the park but you will never know until you try.

Good luck!

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Your list of ties to the UK does not appear all that strong and your girlfriend's situation will not have any affect on whether you are approved or not. The only thing you can do is try. Good luck.

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London is pretty hard on people trying to get a visitor visa because it's a VWP country. I think evidence of your children living in America would be good so they know your reason for wanting to travel there. It's not like you just want to go see a girlfriend for six months because 3 months on VWP isn't enough. Do you have a relationship with them with some concrete evidence? Do you help support them? Do they email or send you cards or letters? Is your name on their birth certificates? And I don't see why a relationship in the UK doesn't also show a tie to the UK because you intend to stay in that relationship and continue to live in the UK. How about an affidavit from the Mom of your children saying the kids need to see you more and can't travel alone to the UK. She could also make it clear that she has no intention of re-establishing her relationship with you in the US or that she is married now. I hear many say they are dismissed quite quickly with a No before they even show evidence, so get you point across in the first words you say.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: K-1 Visa Country: Wales
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The interview is not usually where the decision is made.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: United Kingdom
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Thanks for the replies.

So basically, give it a go but don't be too surprised if the embassy tell me to sling me 'ook

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Thanks for the replies.

So basically, give it a go but don't be too surprised if the embassy tell me to sling me 'ook

That is unfortunately the only thing we can say. I've seen some equally unhopeful-looking threads have a happy ending though. If you don't try, the answer is always going to be no.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Filed: Citizen (apr) Country: Nigeria
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Because of your prior behavior you will have higher bar to pass. I would plan a short trip for the first as an attempt to show reformed behavior and hope for a single trip visa and be happy if I get more

This will not be over quickly. You will not enjoy this.

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Filed: Country: Australia
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Hi there,

Many years ago I stupidly overstayed my VWP and quite rightly got my 10yr ban and of course ineligible for VWP now.

The ban has now expired and I'm hoping to be able to go visit my kids in Utah sometime either the end of the year or early next year.

I'm just worried that when I go to the Embassy to apply for my visa I wont be able to show enough ties to the UK for them to be able to approve it.

I don't own a home, nor am I in a rental contract. With the work situation in the UK at the moment I'm working for an employment agency so although I'm generally working full time I don't know if this would be classed as full time employment.

I do own a car, have mobile phone contract, credit cards and bank accounts here but how much would that help in proving ties?

My girlfriend is in full time employment (in a job that she's been in for 20 years so is unlikely to walk away from) but would the Embassy take that into account at all?

I only wish to be able to visit for a couple of weeks as I haven't seen the kids in quite a few years and hopefully be able to visit occasionally in the future.

Should I:

Hope for a 10yr visa with multiple entries?

Hope that they might allow me a shorter term visa with just one entry so I can show that I will be returning?

Or accept that I will probably never be able to go back over there?

Thanks for reading

Even if they give you the visa, they can deny you at the border. I overstayed on the VWP. Banned from the VWP, but not a 10-year ban. When I entered the U.S. recently under a tourist visa, I had to go to secondary inspections and prove to them that I have ties to my home country. And they told me that I'll have to do this every time I cross the border.

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  • 3 months later...
Filed: Other Country: United Kingdom
Timeline

Update

Just left the embassy.

unable to issue visa under section 214(b)

So I guess unless things drastically change in my circumstances I'll probably not see my kids for quite a few more years

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Other Country: United Kingdom
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Their mother hasn't shown any inclination to bring them here for the past 6 years, that won't change any time soon!

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: K-1 Visa Country: Wales
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Or Canada.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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