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Lily_p

Visiting US boyfriend after 2 days overstay on a VWP due to missed flight?

By Lily_p in Tourist Visas

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Jacque67 Grand Master

Jacque67   7,328

Posted
Filed: K-1 Visa Country: United Kingdom
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Posted

I wasn't trying to provide false information and I apologize for misleading you, but I find it very strange now that I realize that my husband was, indeed, ineligible for the VWP when he travelled on his ESTA he had approved after his denied B-2. They took him in for secondary questioning, but they ended up letting him through as they were satisfied with his answers and when he presented them (after several previous attempts which they ignored) with the valid ESTA the guy just responded with "well why didn't you show me that paper to begin with?"

Did your husband have an overstay on a previous ESTA? Just because one is denied a B2 it doesn't necessarily mean that one cannot get approved for an ESTA in the future.

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MacUK Proficient

MacUK   983

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Filed: Other Country: United Kingdom
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I wasn't trying to provide false information and I apologize for misleading you, but I find it very strange now that I realize that my husband was, indeed, ineligible for the VWP when he travelled on his ESTA he had approved after his denied B-2. They took him in for secondary questioning, but they ended up letting him through as they were satisfied with his answers and when he presented them (after several previous attempts which they ignored) with the valid ESTA the guy just responded with "well why didn't you show me that paper to begin with?"

A denied B2 isn't the same as an overstay though.

It's possible to be denied a B2 and still be eligible for VWP although a lot of the time you need to wait a few months before an ESTA will be approved.

But an overstay without valid reason is ,as far as I know, the end of VWP privileges.

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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Boiler Grand Master

Boiler   44,985

Posted
Filed: K-1 Visa Country: Wales
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Posted

Judging from posts I have seen the following could happen:

You are paroled in for a given time with a ticking off. Especially if the visit is short.

You are allowed to withdraw your application for entry. They send you back on the next plane.

You are deported effectively.

Only the last one would have a subsequent immigrant application impact.

Seems possible that some people have also got away with it. Especially in the past where the systems did not seem that good. Unlikely anybody in that situation would post about it so who knows.

As has been commented being refused a visa is a very different situation.

“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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genddob Contributor

genddob   10

Posted
Filed: AOS (apr) Country: Australia
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Posted

Never ever apply for a tourist visa when you come from a VWP country unless you have good reason (taking a massive road trip). Tourist visas are one of the hardest visas to get and sometimes it's even harder for citizens of VWP countries to get because it's difficult to explain to a CO that you wish to stay longer than your already-authorized 90 days without looking a bit suspicious.

This is horrible advice. If you have overstayed the VWP, you are no longer eligible to use it, and your ESTA is irrelevant. You must now apply for a tourist visa.

5/2/14 - Marriage to USC (Australian citizen on E-3 visa)

6/20/14 (Day 0): AOS package received at Chicago Lockbox
6/24/14 (Day 4): Text notification of receipt (I-130, I-131 and I-765 "Initial Review", I-485 "Accepted")
6/30/14 (Day 10): Received NOAs and biometrics notice for 7/24
7/7/14 (Day 17): Walk-in biometrics at Pittsburgh ASC
7/30/14 (Day 40): Email update: I-485 has moved to "Testing and Interview" stage

8/20/13 (Day 61): Text notification: I-131 and I-765 approved, "Card Production" status

8/28/14 (Day 69): Text notification: EAD/AP card mailed

8/29/14 (Day 70): EAD/AP card received

9/10/14 (Day 82): Text msg of case update - interview date notice mailed

10/16/14 (Day 118): Interview - approved. Text update of "card production" status
10/20/14 (Day 122): Received welcome letter

10/23/14 (Day 125): Received green card

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Boiler Grand Master

Boiler   44,985

Posted
Filed: K-1 Visa Country: Wales
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Posted

This is horrible advice. If you have overstayed the VWP, you are no longer eligible to use it, and your ESTA is irrelevant. You must now apply for a tourist visa.

Generally that is fair and she did subsequently acknowledge that she did not understand this particular situation.

“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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Lily_p Newbie

Lily_p   0

Posted
Filed: Country: Norway
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  • Author
Posted (edited)

Thank you all for your valuable advice. And Stressed Out, don't worry about it ! :-) I was inclined to think the same, because I had thought (hoped) that my offense was a pretty minor one. Alas, it appears not to be.

I guess I will begin the process of applying for a B2, then, and hope for the best.

Edited by Lily_p
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Boiler Grand Master

Boiler   44,985

Posted
Filed: K-1 Visa Country: Wales
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Posted

Or K1

“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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MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
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Posted

Thank you all for your valuable advice. And Stressed Out, don't worry about it ! :-) I was inclined to think the same, because I had thought (hoped) that my offense was a pretty minor one. Alas, it appears not to be.

I guess I will begin the process of applying for a B2, then, and hope for the best.

I think it's a common thing that people don't realise how strict the US is on allowing people to visit.

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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Stressed Out Rising Star

Stressed Out   81

Posted
Filed: Citizen (pnd) Country: Germany
 Timeline
Posted

I do, however, think your chances of receiving a B-2 are greater than for most people since you have a good reason to apply for one in the first place (you can't visit any other way since the VWP isn't open to you anymore) and you have proof of having at least tried your best to make that flight out on the 90th day. I'm wishing you the best of luck! Just bring loads of documents that show ties to Norway.

Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014 :dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Boiler Grand Master

Boiler   44,985

Posted
Filed: K-1 Visa Country: Wales
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Posted

Travel pattern is a minus. Norway is a plus

“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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