Help?

[Jordan92 1]

Hi everyone,
I am in desperate need of help as I have quite a unique situation.. I am unable to find answers anywhere online, so I decided to ask here. Anyway, I am

a UK citizen and when I turned 18, I flew to America (December 2011) to meet a guy I fell in love with online, I came on the ESTA visa, but intended to marry within 6 months.
Things went downhill quickly and the relationship became abusive. He was very controlling, spending all of my money, would have trust and anger issues, and he also beat me up multiple times. I was living in fear in a country that I have never been to, without family and friends, I didn't know anyone except my abusive boyfriend. I couldn't just leave because he would spend all of my money, I had no where to go. The first time he hit me, we had an argument and he was walking over to me shouting. I could see it in his eyes that he was about to hurt me; so I pushed him away. He then ended up slapping me and pulling my hair, kicking etc. I called the police and when they arrived, we both had to write statements about what happened. After reviewing the statements, they arrested me. The police told me that I started it by "pushing him away". Needless to say I was in great shock, and a jail cell for 4 days. On the day they released me, they told me that the judge has dismissed the case as there was "lack of evidence".

The boyfriend picked me up and we went back to the apartment. Things were ok for a few months, and then the arguing and domestic violence came back. I was now scared for my life, I couldn't even call the police! I suffered a great deal of stress, depression, abuse. On one occasion he was choking me, I ran out of the apartment and he chased me. I was screaming and the neighbours came out and called the police. They let me stay in their apartment until the police arrived. They then arrested him and he was in a cell for about 5 days. Prior to his release, the judge issued him 90 days of community service and a few months of anger issue classes. They forced me to have a restraining order, but I met him again on that same day. I had no where else to go! Before I knew it, my ESTA visa had expired by 2 years and 6 months. I looked up ways to get myself deported, but when I contacted the people they had no interested whatsoever, they did not seem to care that I was here illegally. I reached out to his mother as a last resort, told her everything, and she bought me a plane ticket back to the UK. I have now been back in the UK for 1 year and 6 months. I met someone new, who I am in love with, but he is ALSO a US citizen! Just my luck. The exact same situation where I started. Except this time, he flew to the UK to be with me.
I couldn't ask for a better relationship. He proposed to me, so now we are engaged. He has been in the UK for 5 months so far, and has 1 month to leave. I want to return to the US with him, but I am so confused on what to apply for and where. I am in fear that I will have a 10 year ban for overstaying the ESTA visa. Should I apply for the U visa? Then apply for a green card in the US if it is approved? Should I apply for a k-1 visa? an immigrant visa? Any help would be much appreciated. Thanks for reading.

Edited December 10, 2015 by Jordan92

[Alaska2012 462]

If you intend to marry the guy and stay in the usa vwp/esta is the wrong way to go. That's fraud. Either do the fiancé visa K1 or get married now and do the spouse visa CR1

[milimelo 4,487]

You have a 10-yr ban on returning to the US. Luckily there's a waiver for that and your new USC fiance would be a qualifying relative- he'd need to explain in detail how it would be a hardship for him if you weren't allowed back in the US.

You don't qualify for U visa. You also can't ever use ESTA again due to your overstay.

[NikLR 13,227]

~~moved to what visa do I need from moving here and your new life~~

[yuna628 9,677]

ESTA is not a visa nor does it grant you the ability to stay in the US. It is a pre clearance background check. What you used to come to the US was with the Visa Waiver Program, and grants the person up to a maximum of a 90 day stay, not 6 months, and certainly not even 2 years. You would have been told this upon entry by the immigration officer, and you obviously did not state your intentions to stay longer than 90 days, or even to marry. At any rate, you have lost your visa waiver privileges and you will require a visa with extra documentation (a waiver) to waive the issue or you will no longer be able to enter the US for now.

[Jordan92 1]

You have a 10-yr ban on returning to the US. Luckily there's a waiver for that and your new USC fiance would be a qualifying relative- he'd need to explain in detail how it would be a hardship for him if you weren't allowed back in the US.

You don't qualify for U visa. You also can't ever use ESTA again due to your overstay.

Thank you for the reply. Could you inform me more about the waiver, would we explain this to the U.S embassy?

Also, it was to my understanding that victims of domestic violence could apply for a U visa, or is that just for married couples?

[Jordan92 1]

ESTA is not a visa nor does it grant you the ability to stay in the US. It is a pre clearance background check. What you used to come to the US was with the Visa Waiver Program, and grants the person up to a maximum of a 90 day stay, not 6 months, and certainly not even 2 years. You would have been told this upon entry by the immigration officer, and you obviously did not state your intentions to stay longer than 90 days, or even to marry. At any rate, you have lost your visa waiver privileges and you will require a visa with extra documentation (a waiver) to waive the issue or you will no longer be able to enter the US for now.

Oops my bad for writing 6 months, I understand that the ESTA duration was 90 days. But I was intending to marry and apply for a green card. You stated that I have lost my visa waiver privileges but am required a visa with "a waiver" to waive the issue to return? How is this possible if I am unable to obtain one?

[Jordan92 1]

If you intend to marry the guy and stay in the usa vwp/esta is the wrong way to go. That's fraud. Either do the fiancé visa K1 or get married now and do the spouse visa CR1

If I apply for the K-1 visa will my previous overstay affect it in anyway? Would I have to explain in any way why I overstayed or even mention it?

[Boiler 45,579]

Him immigrate to the UK?

[Alaska2012 462]

Oops my bad for writing 6 months, I understand that the ESTA duration was 90 days. But I was intending to marry and apply for a green card. You stated that I have lost my visa waiver privileges but am required a visa with "a waiver" to waive the issue to return? How is this possible if I am unable to obtain one?

What you were intending to do was fraud. Entering the US on visa waiver or ESTA as you call it is fraud!

What you need to do is file a waiver which has nothing to do with the visa waiver/ESTA. The waiver if approved will lift the ban you got for overstaying last time. Then you can go through with the K1 visa.

And yes you would have to explain your overstay in great detail

[Jordan92 1]

What you were intending to do was fraud. Entering the US on visa waiver or ESTA as you call it is fraud!

What you need to do is file a waiver which has nothing to do with the visa waiver/ESTA. The waiver if approved will lift the ban you got for overstaying last time. Then you can go through with the K1 visa.

And yes you would have to explain your overstay in great detail

How do I go about filing a waiver to lift the ban?

[Jordan92 1]

Him immigrate to the UK?

He came here without a visa, and has a maxmium legal stay of up to 6 months. It has been 5 months now, and is due to leave at the end of December. I did a bit of research to find that you can only marry in the UK on a fiance visa. What would happen if we got married within a week from now, without the fiance visa? Would he be able to return on a spouse visa? I'm worried there won't be enough time, and he will have stayed here for 6 months already.

[Boiler 45,579]

You apply for the Visa

Say that takes 9 months.

You are refused the visa

Your SO submits the waiver package

Say that takes 6 months

Waiver package is something his Lawyer would put together.

He came here without a visa, and has a maxmium legal stay of up to 6 months. It has been 5 months now, and is due to leave at the end of December. I did a bit of research to find that you can only marry in the UK on a fiance visa. What would happen if we got married within a week from now, without the fiance visa? Would he be able to return on a spouse visa? I'm worried there won't be enough time, and he will have stayed here for 6 months already.

Do not think you can marry as a visitor, he would need to go home and apply for a Visa

[NatashaSah 3]

Get a lawyer! You are in a complicated situation, a lawyer is the best way to go and will probably save you some time.

[Transborderwife 4,666]

He needs to show in the waiver why he cannot move to be with you. Get a lawyer.