British citizen ESTA and b1/b2 visa denials after overstay married to a usa inmate .

[IcezMan_IcezLady 582]

1. i did not read T&C

2. i was not asked anything when my passport was stamped the man in fact was very nice and asked me where i was going (State) and where id be staying and that was it he waved me threw in NJ

3. Re Martial status yes im not sure what i put down i don't remember -- im sure i put married she said i didn't and i can't say anything bc i already handed the forms over

5.Our visits where contact and i have evidence of our correspondence etc.. i can meet the bona fide threshold as i already asked a lawyer re this issue

I hope you and ur hubby are happy and doing well

thx for the info i will bring it up to the lawyer

"ignorant of the law is no excuse"

[Unlockable 7,315]

OP, three very important things to learn from this...

1. You still have a lot to research and learn regarding the immigration process.

2. Your case will likely get scrutinized due to your immigration history and your husband's situation.

3. You will not be sworn in as a citizen anytime soon.

[caliliving 606]

you met a guy in jail and married him and you havent seen him since 2011? really?? and hes serving a life sentence??

maybe you should wait and see if your husband gets out of prison.. then he can come visit you and you can do the CR1 process...

[EvaGold 0]

you met a guy in jail and married him and you havent seen him since 2011? really?? and hes serving a life sentence??

maybe you should wait and see if your husband gets out of prison.. then he can come visit you and you can do the CR1 process...

How can i see my husband if i can't enter the country? just bc i do not physically see him does not mean we have no contact at all .

OP, three very important things to learn from this...

1. You still have a lot to research and learn regarding the immigration process.

2. Your case will likely get scrutinized due to your immigration history and your husband's situation.

3. You will not be sworn in as a citizen anytime soon.

1.2.3. im aware

[EvaGold 0]

"ignorant of the law is no excuse"

then i wonder why legislation makes provision for wavers ?

[EvaGold 0]

VWP would have required a return ticket within 90 days amongst other things, so much sounds very odd about the overall situation.

I would have thought you have a very limited option for a tourist visa, but nothing stopping you reapplying.

i got my ESTA first then my PT and TI last

[IcezMan_IcezLady 582]

then i wonder why legislation makes provision for wavers ?

The waivers are not for rectifying "ignorance" . Whatever steps you take, you will have to start reading stuff. Especially in the US.

So don't use that as an excuse. You messed up, whether deliberately or indeliberately, but you gotta stop the " I wasn't aware" " I did not read" excuses.

If I remember correctly, someone had similar issue with the USC in jail also. Do some serious research in the forum to find that story.

You have to understand that your case is not common so, you might not find many ppl with similar experience.

Good luck to you.

[IcezMan_IcezLady 582]

IR is your possible route to come back to the US .. Enlist the help of an immigration lawyer since your case is complicated. DIY won't be enough.

[Cathi 5,783]

1. i did not read T&C

2. i was not asked anything when my passport was stamped the man in fact was very nice and asked me where i was going (State) and where id be staying and that was it he waved me threw in NJ

3. Re Martial status yes im not sure what i put down i don't remember -- im sure i put married she said i didn't and i can't say anything bc i already handed the forms over

5.Our visits where contact and i have evidence of our correspondence etc.. i can meet the bona fide threshold as i already asked a lawyer re this issue

I hope you and ur hubby are happy and doing well

thx for the info i will bring it up to the lawyer

Bringing it up to the lawyer will not change the fact that you cannot file for citizenship for at least 3 years-possibly 5 years AFTER receiving your green card. There is nothing a lawyer can do to change or get around this-if he tells you any different he/she is lying. Going back to your first post, why even bring up applying for asylum? You are from the UK, not from some war torn, 3rd world country where you fear for your life or are being persecuted for any particular reason, it is not and never will be an option for you.

You really need to do your home work on US immigration, you are throwing out random ideas, grasping at straws and blaming our immigration system for your own mistakes. Ignorance of our laws is not an excuse for anything. You overstayed and then lied about your marital status in order to obtain a b2 visa, you will not be getting a b2 visa any time soon-if ever. No CO in his/her right mind is going to hand over a visa to someone who has clear immigrant intent(having a US husband and you just admitted to the world on a public and well know immigration site you are planning to rent a home close to your husband's prison-yes CO officers and immigration are known to check out the posts on this site on a regular basis). Just because you rent a home in the UK, are enrolled in school, have a child in the UK and a job does not prove strong ties. Anyone can break a lease, quit school, quit a job and leave children behind-we see people all the time who do all of this including leaving kids behind. Immigration and consulates have seen and heard it all, don't think for one moment they will take a chance on someone who has ignored our laws in the past with weak ties to home. If and when you get and attorney you need someone who is VERY experienced in difficult cases, not just some random immigration attorney who is literally a paper pusher(there are lots of these kind). You do not have a DYI case and your case is beyond the scope of what anyone here can advise, this site is for DIY people. Sorry if what I say sounds harsh, but it is the reality of your situation. Living with your head in the clouds isn't going to get you anywhere or anything other than more denials and a lot of time and money wasted.

[mallafri76 1,012]

IR is your possible route to come back to the US .. Enlist the help of an immigration lawyer since your case is complicated. DIY won't be enough.

OP can do it herself but it means being prepared to be extra scrutinized and really familiarizing herself with the process. With that said, I fear the lack of visits and the life sentence will make it extremely difficult.

My husband (USC currently in federal prison) and I did it ourselves and didn't have any problems with proving we were in a bona fida relationship. Mind you, I did 18 trips to the US to visit my husband in the past five years and we email each other A LOT. In the interview, CO was focused on what kind of visits my husband and I have (requiring them to be contact visits), how long my husband have left on his sentence, in-depth questions about his criminal history etc. The CO said that he had been very sceptical when he first received our case file but he changed his mind after speaking to my husband's prison and seeing the frequency of visits (copy of my passport was sent as bona fida evidence).

Hope my experience will help you OP. As far as I know, I'm the first successful immigrant on VJ with the USC spouse in prison, or at least the first to be open about it. I know there are others currently going through the process.

[Anitafeliz 1,133]

Yes lucky he is less than hour away from the capital of PA , I am saving money to buy a 1 bedroom house to rent there while he is in prison i will send him half of the money from the rent and save the other half and if he comes home we will have somewhere to stay together if he is on parole .

This is going to be a long journey for us my husband said for me to apply for citizenship right after we married and i refused if i had known we would be separated this long and me unable to get to him id have applied while i was there.....

Awww omish country lol it's a nice place I hope it all works in your favor....it's beautiful in the fall Edited June 17, 2016 by Anitafeliz

[IcezMan_IcezLady 582]

OP can do it herself but it means being prepared to be extra scrutinized and really familiarizing herself with the process. With that said, I fear the lack of visits and the life sentence will make it extremely difficult.

My husband (USC currently in federal prison) and I did it ourselves and didn't have any problems with proving we were in a bona fida relationship. Mind you, I did 18 trips to the US to visit my husband in the past five years and we email each other A LOT. In the interview, CO was focused on what kind of visits my husband and I have (requiring them to be contact visits), how long my husband have left on his sentence, in-depth questions about his criminal history etc. The CO said that he had been very sceptical when he first received our case file but he changed his mind after speaking to my husband's prison and seeing the frequency of visits (copy of my passport was sent as bona fida evidence).

Hope my experience will help you OP. As far as I know, I'm the first successful immigrant on VJ with the USC spouse in prison, or at least the first to be open about it. I know there are others currently going through the process.

OP shouldn't do it herself.

She has

1. "misrepresentation"

2. Overstay

3. USC in jail

The only similarities between yours and hers is the incarceration.

OP can't make the 18 trips you made due to her breaking the law.

Don't give her false hopes.. If she can get through this, a lawyer might be her breakthrough.

[Anitafeliz 1,133]

OP can do it herself but it means being prepared to be extra scrutinized and really familiarizing herself with the process. With that said, I fear the lack of visits and the life sentence will make it extremely difficult.

My husband (USC currently in federal prison) and I did it ourselves and didn't have any problems with proving we were in a bona fida relationship. Mind you, I did 18 trips to the US to visit my husband in the past five years and we email each other A LOT. In the interview, CO was focused on what kind of visits my husband and I have (requiring them to be contact visits), how long my husband have left on his sentence, in-depth questions about his criminal history etc. The CO said that he had been very sceptical when he first received our case file but he changed his mind after speaking to my husband's prison and seeing the frequency of visits (copy of my passport was sent as bona fida evidence).

Hope my experience will help you OP. As far as I know, I'm the first successful immigrant on VJ with the USC spouse in prison, or at least the first to be open about it. I know there are others currently going through the process.

18 trips from SWEDEN that's love....lol amor del Bueno ?

[mallafri76 1,012]

She would have to wait 5 years after being an LPR as incarceration does not qualify for involuntary separation for marital union purposes.

INA says marital union and USCIS have interpreted that to mean living together, which is wrong, especially in 2016 when we have so many different varieties of marriages and living arrangements. I've already told my husband that if I decide to become a USC, and I'm not too sure about that, we are taking on USCIS again in January 2019.

[mallafri76 1,012]

OP shouldn't do it herself.

She has

1. "misrepresentation"

2. Overstay

3. USC in jail

The only similarities between yours and hers is the incarceration.

OP can't make the 18 trips you made due to her breaking the law.

Don't give her false hopes.. If she can get through this, a lawyer might be her breakthrough.

I disagree. There are lots of people on VJ with misreps and overstays and who manage the visa process just fine on their own. It means that OP have to really dig into the process, do her research and be prepared but it's doable.

Like I said, the lack of visits and the length of her husband's sentence will definitely be a problem, but a lawyer isn't gonna change that.