Hi. This is my first post and i'm really hoping i can get some help.I am a Uk citizen. On November 2005 i went over to see my girlfriend who is a USA citizen. My intention was not to marry her when i went over but it ended up we did. We married in January 2006 and did adjust of status , think it was the 1-129f form if i am not mistaken. Anyway i had to leave on 22nd March as my mother was dying back in the UK. Things didnt work out with my wife so i didnt attempt to return back. I know it seems odd what i did but i did love the woman but we all make mistakes and learn by them. I overstayed by 24 days. Some people say my visa waiver is ok, other say i violated it. I am wanting to take a trip back to the USA, just for 3 weeks but i am worried border control wont let me in. Is there anyway i can find out if my visa waiver is ok or do i just have to take the chance of taking the trip and hoping they will let me in. Thanks. Hope someone can help me with this matter
So whats the best option for me. Do i attempt to go back on the visa waiver as the last thing i want to happen is to be turned back at the port of entry. Ive heard a few horror stories about that
taking advice from a visa waiver cheat is not the best thing one could do....(and Jake01 knows how long she has thumbed her sodding nose at our laws..) bottom line...you are toast...our border folks were given the option to perhaps readmit someone who had overstayed the VWP by a day or two, not 24....so my advice? Two things: stop takng advice from visa cheats and bring a long novel with you, since you will be making a long round trip the next time you attempt to cheat our laws again....cheers
I understand if you want to call me a cheat or whatever phrase you want to use. As you dont know me what gives you the right i will attempt to cheat again. Im askin for advice not a lecture m8.....cheers
William_Wallace: Well, you have two definite strikes against you -
First, if you last entered America on the Visa-Waiver Program, and overstayed...even by one day...then you're automatically ineligible to use the VWP in the future.
Second, after entering America as a "tourist," you married your U.S. Citizen girlfriend. You don't say whether you've subsequently divorced, but you now have the reasonable presumption of immigrant intent.
In any event, if you wish to visit the United States, you MUST apply for a B-1/B-2 tourist visa at the U.S. Consulate in London. It is my opinion that if you attempt to enter America using the VWP, you'll be returned to the U.K., and formally barred from reentry for a period of ten years.
Originally posted by Someone12: taking advice from a visa waiver cheat is not the best thing one could do....(and Jake01 knows how long she has thumbed her sodding nose at our laws..) bottom line...you are toast...our border folks were given the option to perhaps readmit someone who had overstayed the VWP by a day or two, not 24....so my advice? Two things: stop takng advice from visa cheats and bring a long novel with you, since you will be making a long round trip the next time you attempt to cheat our laws again....cheers
S12, you just don't know when to give up do you, you tell everyone, that they are whinning, but what are you doing, you are a constant whine. you are forever judging people, and you dont know them, or their situation.
To Mr Braveheart! I suggest calling the US Embassey in London and asking their advise, and see what they say, dont listen to the troll (S12) he is just a Bigot.
Any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years.
INA §212(a)(9)B(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
Now show me your law where it says this guy will be inadmissable for cheating his visa for 24 days, because I cannot find it.
Originally posted by SunDevilUSA: William_Wallace: Well, you have two definite strikes against you -
First, if you last entered America on the Visa-Waiver Program, and overstayed...even by one day...then you're automatically ineligible to use the VWP in the future.
Second, after entering America as a "tourist," you married your U.S. Citizen girlfriend. You don't say whether you've subsequently divorced, but you now have the reasonable presumption of immigrant intent.
In any event, if you wish to visit the United States, you MUST apply for a B-1/B-2 tourist visa at the U.S. Consulate in London. It is my opinion that if you attempt to enter America using the VWP, you'll be returned to the U.K., and formally barred from reentry for a period of ten years.
Were at this moment going through a divorce. How do you make out i will get a 10 year bar as i only overstayed by 24 days. We all make mistakes and i hold my hand upto that. I didnt or intend to screw the immigration system. If and thats a big if i marry another US citizen i will go down the K1 route.
There is a presumption of guilt so to speak if you marry within 90 days or there abouts on a tourist visa. Having to do with immigrant intent. It may or may not be a factor in the future. Why would you consider marrying another one? Glutten for punishment. Aren't European women better looking than most of our cows?
You voted democrat. This country is not worth sneaking into any more.
Posts: 6116 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by william_wallace1967: Hi. This is my first post and i'm really hoping i can get some help.I am a Uk citizen. On November 2005 i went over to see my girlfriend who is a USA citizen. My intention was not to marry her when i went over but it ended up we did. We married in January 2006 and did adjust of status , think it was the 1-129f form if i am not mistaken. Anyway i had to leave on 22nd March as my mother was dying back in the UK. Things didnt work out with my wife so i didnt attempt to return back. I know it seems odd what i did but i did love the woman but we all make mistakes and learn by them. I overstayed by 24 days. Some people say my visa waiver is ok, other say i violated it. I am wanting to take a trip back to the USA, just for 3 weeks but i am worried border control wont let me in. Is there anyway i can find out if my visa waiver is ok or do i just have to take the chance of taking the trip and hoping they will let me in. Thanks. Hope someone can help me with this matter
Originally posted by martha3346: william they will not let you in it happend to my son he had to return home the same night. you need to apply for a visiter visa
What the chances of me getting a B2 visa on this then Martha. Is it slim or is there a reasonable chance. As i said above for everyone. I went over not knowing i was going to marry her. I made a mistake, we all make mistakes in life. I honestly didnt know the rules and regulations at that time. I was even told by an attorney over in the US that i could marry and adjust my status on a tourist visa.
On a tourist visa, yes but you're under VWP...big difference. Ignorance is bliss, but you can't claim ignorance as an excuse to commit violations otherwise the law itself will be rendered useless.
Securing a tourist visa doesn't guarantee entry to the USA. The officer at POE can turned you down if they suspect the possibility that you will misuse your visa. Now the chances of this happening is probably small, but having one strike already in your record won't help the issue.
while Jake01 is dead wrong about your 'bar' (and she would know, since she has been violating US law for quite some time)..your VWP privileges are toast. As for getting a tourist visa, well, why should our embassy officials believe anything you say? You already have a history of ignoring our laws and then blaming others....and as marmaduk points out, your previous reluctance to obey our laws will be known to the border folks, and they will likely have some questions for you and if they don't like the answers, back the UK you go.
As an aside, I have noticed a consistent pattern amongst ALL visa cheats....they all claim "I had no intention of staying..." yet...they stayed....so...who FORCED you to stay? answer: only your own lack of responsibility, nothing more.
Originally posted by Someone12: As an aside, I have noticed a consistent pattern amongst ALL visa cheats....they all claim "I had no intention of staying..." yet...they stayed....so...who FORCED you to stay? answer: only your own lack of responsibility, nothing more.
Just for curisoty Someone12. Whats your line of work or profession? Plus wheres your family from? And when i mean where, i mean what country originally. OH let me guess, were they immigrants. Personaly i don't think you are a fool. But then what's MY opinion against thousands of others. If you cant reply with any advice, dont reply at all. If your brain was chocolate it wouldn't fill an M&M.
William_Wallace: You asked why I thought that you'd be subject to a ten-year bar simply for overstaying for twenty-four days!!! Well, quite honestly, you need to read and comprehend written English a little better.
I told you that if you attempted to enter America using the Visa-Waiver Program, you most likely would be denied, and returned to the U.K. At that point, having been denied entry, you'd be subject to a ten-year bar.
By the way, is that your new girlfriend's picture that you're using as your avatar?
Originally posted by Someone12: As an aside, I have noticed a consistent pattern amongst ALL visa cheats....they all claim "I had no intention of staying..." yet...they stayed....so...who FORCED you to stay? answer: only your own lack of responsibility, nothing more.
S12 a.k.a. Mr. Doofus,
Things change, minds change, Mr. Doofus. You know this already. Quit playing dumb.
Originally posted by SunDevilUSA: William_Wallace: You asked why I thought that you'd be subject to a ten-year bar simply for overstaying for twenty-four days!!! Well, quite honestly, you need to read and comprehend written English a little better.
I told you that if you attempted to enter America using the Visa-Waiver Program, you most likely would be denied, and returned to the U.K. At that point, having been denied entry, you'd be subject to a ten-year bar.
By the way, is that your new girlfriend's picture that you're using as your avatar?
Another yank who talks with marbles in his mouth. take my advice SundevilUSA, go take your face for a sht, u talk cr$p. Your about as much use as a one legged man in an arse kickin contest -)
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