Consequences of overstaying VWP

[Shadaryia 11]

My husband (then boyfriend) came to see me in the US from London Oct. 30th 2014. We decided to get married after he was here and married Jan. 7th 2015. My husbands VWP expired Jan. 27th 2015.

If he was to fly back to England now having had overstayed what will the consequences and penalties be? I know he can never return on a VWP, but will he be banned?

If he goes back having overstayed can we apply for a spousal visa still?

He was very sick when he was to fly back. Jan. 26th and missed his flight.

Any advice is appreciated, thank you.

[Merrytooth 5,748]

Since he overstayed VWP, he cannot use VWP to visit anymore but need to apply for B2 tourist visa.

His overstay (less than 180 days) has no effect on applying for CR1/IR1 spousal visa.

Is he still here in US?

[SK2014 44]

If he leaves he will receive either a 3 year or 10 year ban depending on the length of the overstay and the person dealing with his attempt to re-enter (as he will have to apply for a visa to re-enter)

Prob just best to file AOS and leave once that is all sorted or he gets his AP ( but in his case prob best to wait until the GC is in hand)

If he must leave then applying for a spouse visa is then your best option

Edited February 10, 2015 by SK2014

[Shadaryia 11]

Merrytooth - He is with me in the US along with my three children. I do not have the money to adjust his status and do not have a co sponsor that makes 40k a year.

Im wishing he wouldn't get banned and he could work in the UK while we apply for a CR1. Thanks for your reply.

[aaron2020 11,651]

Merrytooth - He is with me in the US along with my three children. I do not have the money to adjust his status and do not have a co sponsor that makes 40k a year.

Im wishing he wouldn't get banned and he could work in the UK while we apply for a CR1. Thanks for your reply.

How are you planning on meeting the I-864 requirements for the CR-1?

If he leaves now, he is not subject to a ban. His VWP privelges will be revoked. A ban would only kick in if he overstays more than 180 days.

Find a Joint Sponsor. Borrow the money to adjust him.

Going back to the UK does not solve your problems.

Edited February 10, 2015 by aaron2020

[Shadaryia 11]

I can't meet the requirements at this time as mentioned above. I can't afford the filing fees or sponsor him until I get done with nursing school.

So matter what seems we are without hope.

[*Snowdrop* 604]

Does he have a credit card or any money someone can send him from the UK to pay for the AOS, did he have a car at home someone could sell on his behalf and send you the money? Are you sure there is no one you can ask to be a co-sponsor?

If he goes back now - he won't be banned and it should not affect your Spousal visa.

But bear in mind that if he can't manage to get a B2 visa for visits then it will be a long time - maybe over a year before you will see him again.

(assuming you can't afford to fly over there to visit) And you co-sponsor problem is the same.

[Shadaryia 11]

Thanks for the reply. He did not/does not have assets of his own. I have tried hard to find a co sponsor but no luck. No one I know wants to get involved with being responsible for him for 10 years or they don't make 40k a year.

I fell in love with someone from another country, not on purpose, just the way it happened and it has been so hard ever since just wanting to be functionally and legally together in one country. Sigh

[Nich-Nick 3,354]

Filing fees and his medical appointment fees are a concern, but you may not understand the sponsorship fully.

Yes, you with your 3 kids plus him is a household size of 6, so close to $40,000.

But for a joint sponsor, single, no kids--$20,000 income.

Husband and wife plus your husband- (3) is $24,700 income

So that part might be better than you thought if you can come up with somebody without a houseful of kids.

And they are responsible until he become a citizen which could be done in four. He could work in the US about 90 days after you file.

He doesn't get banned until he has stayed 6 months over, so you have a little time to think of it can be achieved, but I wouldn't make it too long. Once he leaves, he won't be back for a year or two. Chances are they won't give him a tourist visa since he overstayed. London is kind of strict about giving tourist visas because it is a VWP country. And it would be crazy for you to spend money on airfare when you need it for immigration fees and such.

[Shadaryia 11]

Thanks Nich-Nick, your reply is greatly appreciated and informative.

[SK2014 44]

Oops sorry I was wrong about the ban the other post are correct he should be fine and not receive a ban.

Hopefully you will be able to find help to adjust his status

Good luck!

[Nich-Nick 3,354]

Thanks Nich-Nick, your reply is greatly appreciated and informative.

I can't count. Your household is 5. You+3 kids+him. $35,000 ish

Chart http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited February 10, 2015 by Nich-Nick

[2ndMessiah 184]

Co-Sponsor does not have to be family. Friends, acquaintances, If you go to church, people in the congregation.

Can none of you or your spouses family help? You logged into this forum on some sort of computing device. Do you own it. Can you sell it? Do you pay for FIOS/Xfinity? Cancel that if you can and put those payments towards fees.

It is extreme but it is not for ever.

[yuna628 9,677]

I can't meet the requirements at this time as mentioned above. I can't afford the filing fees or sponsor him until I get done with nursing school.

So matter what seems we are without hope.

Amaryia, I know I've probably said this before when you've asked, but I'll mention it again.

Long-distance relationships are not easy. Especially ones in the situation that you now find yourselves in. But the fact is now that you've married him, and that complicates things even more -- but I think you were aware of that, since the last time you asked, you were debating about getting married.

Now, I've been in my relationship for ten plus years. That is a painfully unbearable amount of time to be apart. Our situation has not been easy and we've sacrificed. He put himself through college and university in that time, worked, and has saved to go towards our future. In your case, you are in nursing school -- and that is something you'll hopefully finish, because it certainly will better your job perspectives, and your probable primary goal right now is to support and better the life you have and your kids that especially depend upon you.

That is one of the reasons why last time, I suggested he return home, seek employment or further education, and start saving so that by the time you finish your training perhaps you'd all be a lot more financially stable. Of course that requires separation; it requires patience, endurance, courage, trust, and above all love.

And so, me suggesting the very same thing again, even if you are married, is going to seem unbearable to you and even harsh, but you know yourself the predicament you find yourself in. You now have a husband that is there illegally, cannot work, and you are financially unable to file paperwork making him legal. So I would say find the courage between yourselves and have him return home. He should start trying to find any job he can and save, while you finish your education. Then when you are both ready and able, file. It will be hard, but there really aren't any other options. Fear can be the greatest obstacle. Love and common sense can often best it.

[Boiler 45,549]

Not sure the loss of VWP is much of an issue, he has been here for 3 months or so and has no money, so it is not as if he is likely to be able to re visit any time soon.

If you can not file to adjust then staying here with an extra mouth to feed etc does not seem that practical.