UK Bf denied entry to US/K-1 Info

[geowrian 22,337]

2 minutes ago, shell20 said:

Interesting. I did not you could use a B1 for that. I guess because I have never applied for one.

Yup. VWP is limited to 90 days and no extension. A B1/B2 would grant entry for up to 6 months (as determined by CBP at entry via the I-94 stamp) and can be extended.

[yuna628 9,676]

6 minutes ago, Mollie09 said:

Overstaying canceled his tourist visa, did he try to enter using ESTA?

Overstaying would have rendered the VWP moot. An ESTA is a pre-background check form. He has shown intent to and has overstayed. The only way he will be re-entering now is via a visa.

 

2 hours ago, Girljinxed18 said:

Thanks for the clarification. We didn't know if it'd matter how long he was out as long as it was a short visit. We tried waiting 6 months and then figure our birthdays would be a good reason to see each other again. And neither of us has a criminal record or anything of that sort.

 

For those interested the numbers written are:

22 CFR 41.122 (h)(3) (2009 04 MAY 2017, BAL)

 

If that means anything to anyone feel free to say. I realize the one is the date he tried entering again.

 

The good news is OP that of course you can apply for a K1 or a spousal visa. Whichever one works best for you. BWI as an airport overall in terms of the CBP are generally nicer to immigrants, however they do sometimes aggressively question bfs/gfs visiting their s/o's. As long as they answer questions truthfully and show no intent of overstay it is generally not an issue. The problem is your bf had already overstayed, which rendered his VWP privileges void. He would have required another visa to even enter, and another visit visa would have also been unlikely.. because of the previous overstay. Since a fiancé visa or a spousal visa is for immigrant intent, he should have no problems. But he may need to explain himself in filling out some forms and at his interview. It's unlikely to be a big issue. You're going to need to prove that you meet the financial test to sponsor him.

[JFH 12,190]

23 minutes ago, shell20 said:

Interesting. I did not you could use a B1 for that. I guess because I have never applied for one.

People from VWP countries are welcome to apply for B-1/B-2 visas but they are usually denied as the COs in London feel that the VWP, with 90 days per visit, is more than sufficient for someone with strong ties in the U.K. (job they must return to, financial commitments, etc) and usually they feel that there is no genuine need for a B-2 and up to 6 months in the country. There are some cases where a B-2 is granted (hiking the full Appalachian Trail is one that springs to mind as it cannot be accomplished in 90 days) where the person can demonstrate that longer than 90 days is required for the trip, a thorough itinerary, and with sufficient funds, etc, etc. 

 

And there are of course people from VWP countries who are ineligible for the VWP (convictions, etc) and must apply for a B visa to have any hope of admission, even for just a few days.

 

It's unusual, to say the least, to see a working-age person being granted a B visa whilst eligible for the VWP and for purposes of "visiting my girlfriend" and (I am assuming) no previous travel to the USA. Even in a low-risk/low-fraud country like the U.K. this would raise an eyebrow or two at the embassy and set the wheels in motion for thinking there is something else at play. 

 

OP, how old is your boyfriend? Is he of working age? If so, what job does he do that allows him to spend so much time out of the U.K.?

 

And congratulations on the excellent choice of profile picture! Hello Kitty rocks!

[David & Diana R 1,005]

5 hours ago, Girljinxed18 said:

Thanks everyone.

 

Let me try and answer a few questions:

 

In his passport, they crossed through his visitor visa and wrote a series of numbers in it, which I assume means something to them on the admin side. 

 

All this took place at BWI

 

He was coming back for 2 weeks because our birthdays are a week apart and we wanted to spend them together. This was after being out of the country for 5 months. 

 

He overstayed not on purpose but as I mentioned when he got the extension for another 6 months it ended on January 1st 2017 and the tickets on his same flight (just changing the ticket) were sold out for the first 4 days of the year. So he booked the next one he could which caused the 8 day overstay.

 

We talked to a lawyer but they weren't much help. I just was wondering if anyone thought it would hinder our K-1 visa process or if it'd be rejected or something along those lines. But it seems like it won't be too much of a deterrent.

 

Wait, he didn't overstay "on purpose"?  Oh come on now.  He could have booked the flight before the end of the year to avoid any problems.  In fact, he had 6 months to book a flight.  Does anyone really care that he got sick and he is using this as an excuse to leave the country 8 days late?  BTW:  In an earlier post you said, "a measly 8 days".  That's a long time in my book.  The line has to be drawn somewhere and you both knew where that line was drawn months in advance.    I really see no excuse.  I would have booked my flight a week before my required departure date.

[JFH 12,190]

Apparently he couldn't fly because he was sick. Hospitalized? Probably not so he could have flown. Given that he was intending to fly 4 days later I doubt he was having a kidney transplant. It's quite possible to fly with a cold, the flu, etc. 

[TransAtlanticLove 31]

2 hours ago, JFH said:

 

It's unusual, to say the least, to see a working-age person being granted a B visa whilst eligible for the VWP and for purposes of "visiting my girlfriend" and (I am assuming) no previous travel to the USA. Even in a low-risk/low-fraud country like the U.K. this would raise an eyebrow or two at the embassy and set the wheels in motion for thinking there is something else at play. 

 

OP, how old is your boyfriend? Is he of working age? If so, what job does he do that allows him to spend so much time out of the U.K.?

 

And congratulations on the excellent choice of profile picture! Hello Kitty rocks!

I don't know what the experience of others are but a lot of British people get to come on a visitor visa. His purpose wasn't to visit me, it was to travel the country, which we did together. But we showed an itinerary of our travel plans and stuck closely to them. And it was a big assumption that he had never been, because as I said, he'd been before just not as as an adult (I believe his last visit was when he was 20) so it wasn't an issue. He's 26 now and he quit his job for a better position closer to his family. Honestly, none of this is really relevant to the original question I had. Getting the visitor visa and using it for actual visitor purposes were not the issue he was given it very easily in a less than 10 minute interview, the 8 day overstay was.

 

For those clamoring about "why didn't he leave earlier?" It really came down to the wire as we waited to even hear if he'd been given the extension. We didn't get the letter until about 3 weeks before he was slated to leave. Yes he could've bought another ticket on a different airline but I don't know if anyone has ever checked international flights around the holiday season (Christmas, New Years Eve, New Years Day) but they were astronomical! We thought it was best to just keep the current ticket and pay a change of date fee. We took a risk and this was a lesson we learned together. I hope no one thinks I am here because I think we did nothing wrong---we know the overstay was wrong. We didn't realize the consequences would be to take away his right to visit ever again without a visa. 

 

So here we are following up with a K-1 question.

 

Thank you for those who actually contributed with helpful information and thanks for the congrats. I'll be sure to keep everyone updated if they're so inclined.

[geowrian 22,337]

3 minutes ago, Girljinxed18 said:

Getting the visitor visa and using it for actual visitor purposes were not the issue he was given it very easily in a less than 10 minute interview, the 8 day overstay was.

That's only partially correct. Yes, the overstay is an issue that invalidated his visa and makes getting another visa or using an ESTA near impossible for a period of time. However, even if he left as scheduled and without overstaying, he still likely would have been denied entry simply on the basis that he has been in the US for long and so recently. The suspicion being that he was living in the US, not just visiting.

 

3 minutes ago, Girljinxed18 said:

For those clamoring about "why didn't he leave earlier?" It really came down to the wire as we waited to even hear if he'd been given the extension. We didn't get the letter until about 3 weeks before he was slated to leave. Yes he could've bought another ticket on a different airline but I don't know if anyone has ever checked international flights around the holiday season (Christmas, New Years Eve, New Years Day) but they were astronomical! We thought it was best to just keep the current ticket and pay a change of date fee. We took a risk and this was a lesson we learned together. I hope no one thinks I am here because I think we did nothing wrong---we know the overstay was wrong. We didn't realize the consequences would be to take away his right to visit ever again without a visa. 

It's not "ever again", but it will be a while to get/use a visitor visa or the VWP. Either way, when it comes to immigration, there's a dire need follow the rules even without knowing the consequences for breaking them. These are people who will have say in major aspects of your lives for at least the next several years together, and they don't mess around.

 

Now you know, and knowing is half the battle~

[Boiler 45,519]

His VWP days are over, no longer eligible.

 

Very lucky to have got a B, usually they are denied, B2 btw, B1 is for business.

 

Anyway moot.

 

My usual comment about extensions is no harm assuming you will not be coming back anytime soon. He invalidated his B with the overstay.

[yuna628 9,676]

1 hour ago, JFH said:

Apparently he couldn't fly because he was sick. Hospitalized? Probably not so he could have flown. Given that he was intending to fly 4 days later I doubt he was having a kidney transplant. It's quite possible to fly with a cold, the flu, etc. 

Agreed. BWI has one flight in and out from the UK per day to LHR. It's usually very full even on the best of days unless of course they spy the mouse on board again, if you haven't booked ahead of time.. but there are certainly other options (and yes we've personally taken flights on NYE and around the holiday season - they are expensive unless they are booked well in advance). Dulles isn't far away and should have plenty of flights, and there's Philly or other ways to take connecting flights even if you had to connect all the way to JFK. People should do everything they can do to give themselves wiggle room to re-arrange flights if need be in case of emergency... because once you overstay and lose privileges that's it. Unfortunately people just don't know the consequences...

Edited May 23, 2017 by yuna628

[TransAtlanticLove 31]

2 minutes ago, yuna628 said:

Agreed. BWI has one flight in and out from the UK per day to LHR. It's usually very full even on the best of days unless of course they spy the mouse on board again, if you haven't booked ahead of time.. but there are certainly other options. Dulles isn't far away and should have plenty of flights, and there's Philly or other ways to take connecting flights even if you had to connect all the way to JFK. People should do everything they can do to give themselves wiggle room to re-arrange flights if need be in case of emergency... because once you overstay and lose privileges that's it. Unfortunately people just don't know the consequences...

I hate to nitpick but he was leaving out of Dulles in January. He arrived through BWI this month where he was turned away and there is more than one flight that leaves from BWI as I take it quite frequently and it goes to Gatwick not Heathrow   

[yuna628 9,676]

1 minute ago, Girljinxed18 said:

I hate to nitpick but he was leaving out of Dulles in January. He arrived through BWI this month where he was turned away and there is more than one flight that leaves from BWI as I take it quite frequently and it goes to Gatwick not Heathrow   

Oh I wasn't meaning that it was the only flight into the UK entirely of course, but just a direct flight to the most common hub if that was one of the sticking points in trying to find a different flight in. I do wish you both best of luck though, but for now until the K1 process is completed it'll have to be you visiting him. Make sure you read up on all the guides, and collect plenty of the required evidence.

[geowrian 22,337]

1 hour ago, geowrian said:

It's not "ever again", but it will be a while to get/use a visitor visa or the VWP.

Ugh...that's what happens when you re-write a paragraph several times without proofreading the result. =.=

 

VWP is not possible with the overstay.

A tourist visa is possible, but very likely not for several years (and they're already not easy to get from a VWP country).

[hlbarney 3]

Agreed. If  his overstay was minimal the ban should not have been triggered and he is probably not admissible for a K1 or CR1. I would suggest getting legal counsel or an immigration lawyer to have a smooth process, since him essentially living here on a visitor visa and then the revocation occurred. There shouldn't be an issue, and you can try applying for K1 or CR1 after you are both married on your own and see what happens. Otherwise, seek legal counsel and continue with them to know the exact right direction. Best! 

[caliliving 606]

I don't understand why people have a leave by date and ignore this. Like whoops, it's just a small bit of information the usa will forgive and it isn't a big  deal.  Of course with an overstay you are going to have problems. Wow! Thankfully you can apply for a k1 or cr1 and u will be fine but what a risk to take, especially for your boyfriend bc if something happens to the relationship in this time his visiting the usa privledges r over:/

 

[MacUK 983]

10 hours ago, yuna628 said:

because once you overstay and lose privileges that's it. Unfortunately people just don't know the consequences...

 

2 hours ago, caliliving said:

I don't understand why people have a leave by date and ignore this. Like whoops, it's just a small bit of information the usa will forgive and it isn't a big  deal.  Of course with an overstay you are going to have problems.

 

 

I'll admit, when I overstayed my VWP I had no idea of the consequences. I thought that I may have to pay a fine or something like that but nothing more serious.

If I'd known how much it was going to impact on the rest of my life I'd never have let it get that far.

 

4 hours ago, hlbarney said:

Agreed. If  his overstay was minimal the ban should not have been triggered and he is probably not admissible for a K1 or CR1. I would suggest getting legal counsel or an immigration lawyer to have a smooth process, since him essentially living here on a visitor visa and then the revocation occurred. There shouldn't be an issue, and you can try applying for K1 or CR1 after you are both married on your own and see what happens. Otherwise, seek legal counsel and continue with them to know the exact right direction. Best! 

There's no reason why he'd be inadmissible for a K-1 or CR-1, he's lost his tourist visa options but he's not inadmissible. There's no ban for an 8 day overstay.