Visa overstay questions...

[Jason&Nicole 0]

A hello to everyone out there in the immigration world, also known as hell..

I've been keeping up with this site for a while, I think this is my third user account by now, I just keep coming back.

I'm in a really tight spot right now and need some helpful advice..

I'm living in the UK, I am a UK citizen and my girlfriend is a US citizen.

To cut a very long story short... I divorced an American citizen last year and overstayed my K-1 Visa for about 6 months. The divorce happened before I got my ten year visa, and without having alot of knowledge of what to do I let time go by. I was living my dream with my girlfriend who I am still with now, but have since had to return to the UK. we are in separate countries and I have no idea how to get back into the US legally..

We are considering marrying over here, but need a little insight about where to start.. also, for now I am happy just to be allowed back into the US with a non immigrant visa.. just a visit would do.

I have written to the US embassy in the UK informing them of my situation, but the letter I received back contained a spiel of technical ####### that only a lawyer could understand. Something about contacting a "consular" (though looking online, i have been unable to find out how to contact one or where i can find one... or even who the hell they are.)

The websites I've looked at only give partial information with no comprehensive or prioritized list of what i'd need for a nonimmigrant visa. I know i'd need to schedule a visa application interview, but there is no information on how to do this. I'm not sure what order to do any of these steps, as each page cites different orders and different forms to be filled out, each one more complex and round-a-bout than the last.

Does anybody know where to start, or could anyone recommend a resource with the clarity I am looking for (minus all the redundant legalese and evasive semi-answers)?

ps - i have looked into pro-bono lawyers and that has been a bust, and paying one is not an option on my salary. damn the man.

[Bobby+Umit 161]

After you were married, did you start the change of status? That would of extended your time in the US.

Your not very clear on that part.

If your girlfriend marries you in the UK, she can then apply for a K-3 visa for you.

They may overlook the 6 month overstay as a courtesy to the USC.

Step by step guide for K3

[pushbrk 12,899]

A hello to everyone out there in the immigration world, also known as hell..

I've been keeping up with this site for a while, I think this is my third user account by now, I just keep coming back.

I'm in a really tight spot right now and need some helpful advice..

I'm living in the UK, I am a UK citizen and my girlfriend is a US citizen.

To cut a very long story short... I divorced an American citizen last year and overstayed my K-1 Visa for about 6 months. The divorce happened before I got my ten year visa, and without having alot of knowledge of what to do I let time go by. I was living my dream with my girlfriend who I am still with now, but have since had to return to the UK. we are in separate countries and I have no idea how to get back into the US legally..

We are considering marrying over here, but need a little insight about where to start.. also, for now I am happy just to be allowed back into the US with a non immigrant visa.. just a visit would do.

I have written to the US embassy in the UK informing them of my situation, but the letter I received back contained a spiel of technical ####### that only a lawyer could understand. Something about contacting a "consular" (though looking online, i have been unable to find out how to contact one or where i can find one... or even who the hell they are.)

The websites I've looked at only give partial information with no comprehensive or prioritized list of what i'd need for a nonimmigrant visa. I know i'd need to schedule a visa application interview, but there is no information on how to do this. I'm not sure what order to do any of these steps, as each page cites different orders and different forms to be filled out, each one more complex and round-a-bout than the last.

Does anybody know where to start, or could anyone recommend a resource with the clarity I am looking for (minus all the redundant legalese and evasive semi-answers)?

ps - i have looked into pro-bono lawyers and that has been a bust, and paying one is not an option on my salary. damn the man.

Start by clicking on the word "Guides" here, to get some basic knowledge on the process.

Your explananation cannot be followed accurately due to terminology errors. First, a K1 visa is a single entry visa. It's dead on US entry, so it's expiration date is meaningless once you're in the US. I take it you married within 90 days of entry and later divorced.

Did you adjust status and obtain a green card with an expiration date two-years after issue? If so, what was the issue date of the card?

On what date did you leave the USA?

There is no overstay forgiveness for a spouse visa applicant unless any penalty would cause a US Citizen "extreme hardship". The forgiveness is for people who have remained in the US and are adjusting status, not for visa applicants. First answer the questions above, so we can better understand the circumstances of your case.

Edited January 7, 2009 by pushbrk

[Jason&Nicole 0]

After you were married, did you start the change of status? That would of extended your time in the US.

Your not very clear on that part.

If your girlfriend marries you in the UK, she can then apply for a K-3 visa for you.

They may overlook the 6 month overstay as a courtesy to the USC.

Step by step guide for K3

I guess I left that part out... it's been a while and i'm rusty on the whole process and terminology..

I went through my change of status after getting married with my K-1 and then obtained my two year Visa. The marriage ended just before I got the chance to apply for my ten year and the ex wasn't kind enough to file for me once we separated. So my Fiancee and I are very bitter towards her

I'll look into the K-3, but who are the USC?

I appreciate the advice and any other help you could offer would be of great value.

[Jason&Nicole 0]

A hello to everyone out there in the immigration world, also known as hell..

I've been keeping up with this site for a while, I think this is my third user account by now, I just keep coming back.

I'm in a really tight spot right now and need some helpful advice..

I'm living in the UK, I am a UK citizen and my girlfriend is a US citizen.

To cut a very long story short... I divorced an American citizen last year and overstayed my K-1 Visa for about 6 months. The divorce happened before I got my ten year visa, and without having alot of knowledge of what to do I let time go by. I was living my dream with my girlfriend who I am still with now, but have since had to return to the UK. we are in separate countries and I have no idea how to get back into the US legally..

We are considering marrying over here, but need a little insight about where to start.. also, for now I am happy just to be allowed back into the US with a non immigrant visa.. just a visit would do.

I have written to the US embassy in the UK informing them of my situation, but the letter I received back contained a spiel of technical ####### that only a lawyer could understand. Something about contacting a "consular" (though looking online, i have been unable to find out how to contact one or where i can find one... or even who the hell they are.)

The websites I've looked at only give partial information with no comprehensive or prioritized list of what i'd need for a nonimmigrant visa. I know i'd need to schedule a visa application interview, but there is no information on how to do this. I'm not sure what order to do any of these steps, as each page cites different orders and different forms to be filled out, each one more complex and round-a-bout than the last.

Does anybody know where to start, or could anyone recommend a resource with the clarity I am looking for (minus all the redundant legalese and evasive semi-answers)?

ps - i have looked into pro-bono lawyers and that has been a bust, and paying one is not an option on my salary. damn the man.

Start by clicking on the word "Guides" here, to get some basic knowledge on the process.

Your explananation cannot be followed accurately due to terminology errors. First, a K1 visa is a single entry visa. It's dead on US entry, so it's expiration date is meaningless once you're in the US. I take it you married within 90 days of entry and later divorced.

Did you adjust status and obtain a green card with an expiration date two-years after issue? If so, what was the issue date of the card?

On what date did you leave the USA?

There is no overstay forgiveness for a spouse visa applicant unless any penalty would cause a US Citizen "extreme hardship". The forgiveness is for people who have remained in the US and are adjusting status, not for visa applicants. First answer the questions above, so we can better understand the circumstances of your case.

Sorry should have been more clear on that, as I stated above in the previous message, I'm kinda rusty..

I did obtain my green card, it was issued from 03/14/06 and expired on 03/14/08, I stayed until early September of 2008..

Thanks for any help you can and have offered

[pushbrk 12,899]

A hello to everyone out there in the immigration world, also known as hell..

I've been keeping up with this site for a while, I think this is my third user account by now, I just keep coming back.

I'm in a really tight spot right now and need some helpful advice..

I'm living in the UK, I am a UK citizen and my girlfriend is a US citizen.

To cut a very long story short... I divorced an American citizen last year and overstayed my K-1 Visa for about 6 months. The divorce happened before I got my ten year visa, and without having alot of knowledge of what to do I let time go by. I was living my dream with my girlfriend who I am still with now, but have since had to return to the UK. we are in separate countries and I have no idea how to get back into the US legally..

We are considering marrying over here, but need a little insight about where to start.. also, for now I am happy just to be allowed back into the US with a non immigrant visa.. just a visit would do.

I have written to the US embassy in the UK informing them of my situation, but the letter I received back contained a spiel of technical ####### that only a lawyer could understand. Something about contacting a "consular" (though looking online, i have been unable to find out how to contact one or where i can find one... or even who the hell they are.)

The websites I've looked at only give partial information with no comprehensive or prioritized list of what i'd need for a nonimmigrant visa. I know i'd need to schedule a visa application interview, but there is no information on how to do this. I'm not sure what order to do any of these steps, as each page cites different orders and different forms to be filled out, each one more complex and round-a-bout than the last.

Does anybody know where to start, or could anyone recommend a resource with the clarity I am looking for (minus all the redundant legalese and evasive semi-answers)?

ps - i have looked into pro-bono lawyers and that has been a bust, and paying one is not an option on my salary. damn the man.

Start by clicking on the word "Guides" here, to get some basic knowledge on the process.

Your explananation cannot be followed accurately due to terminology errors. First, a K1 visa is a single entry visa. It's dead on US entry, so it's expiration date is meaningless once you're in the US. I take it you married within 90 days of entry and later divorced.

Did you adjust status and obtain a green card with an expiration date two-years after issue? If so, what was the issue date of the card?

On what date did you leave the USA?

There is no overstay forgiveness for a spouse visa applicant unless any penalty would cause a US Citizen "extreme hardship". The forgiveness is for people who have remained in the US and are adjusting status, not for visa applicants. First answer the questions above, so we can better understand the circumstances of your case.

Sorry should have been more clear on that, as I stated above in the previous message, I'm kinda rusty..

I did obtain my green card, it was issued from 03/14/06 and expired on 03/14/08, I stayed until early September of 2008..

Thanks for any help you can and have offered

Sounds like your overstay was just under 180 days then. It's a key issue as to whether you are subject to a ban. This may be a subject for the Waivers Forum. At least you've cleared things up.

You had a two-year conditional green card, not a two-year visa.