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  • Advice Please.

    Just a run down on my situation.

    I went to the USA last year from mid oct - early march on a visa waiver. Yes I overstayed on my waiver, but alot had happened and I was trying to get things sorted and back to home.

    Now during that time that I was there, I met a woman that I've known for a while, and things went really well and we are very close. I wish to visit with her again, and probably would try for the waiver again, but not sure if I would be granted that because of my overstay earlier in the year. Also am I trying to return too soon?

    And my other question is, if things were to work out between us and I was to marry her, before my waiver had expired, would I have a fair chance of staying with an adjustment of status, or would they decline me and send me back and have to file for a k3 visa?

    Since we have been apart, we are in constant contact daily, on the phone/internet etc.

    Any and all help is appreciated.

  • #2
    Just a run down on my situation.

    I went to the USA last year from mid oct - early march on a visa waiver. Yes I overstayed on my waiver, but alot had happened and I was trying to get things sorted and back to home.

    Now during that time that I was there, I met a woman that I've known for a while, and things went really well and we are very close. I wish to visit with her again, and probably would try for the waiver again, but not sure if I would be granted that because of my overstay earlier in the year. Also am I trying to return too soon?

    And my other question is, if things were to work out between us and I was to marry her, before my waiver had expired, would I have a fair chance of staying with an adjustment of status, or would they decline me and send me back and have to file for a k3 visa?

    Since we have been apart, we are in constant contact daily, on the phone/internet etc.

    Any and all help is appreciated.

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    • #3
      You are not eligible to use the VWP.

      You could try for a B Visa, but your chances of getting one are pretty much nil.

      Best bet is for her to visit you.

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      • #4
        VWP do not expired but if you overstayed they will not let you com back over here, that happend to my son. He made it to the airport but they wouldn't let him in.

        Maybe you have to apply for a visiter visa but is not easy to get. You have to prove ties to your home (own a home have a job or have money in the bank.. overstay is a ban 3 to 10 years

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Simmo:
          Just a run down on my situation.

          I went to the USA last year from mid oct - early march on a visa waiver. Yes I overstayed on my waiver, but alot had happened and I was trying to get things sorted and back to home.

          Now during that time that I was there, I met a woman that I've known for a while, and things went really well and we are very close. I wish to visit with her again, and probably would try for the waiver again, but not sure if I would be granted that because of my overstay earlier in the year. Also am I trying to return too soon?

          And my other question is, if things were to work out between us and I was to marry her, before my waiver had expired, would I have a fair chance of staying with an adjustment of status, or would they decline me and send me back and have to file for a k3 visa?

          Since we have been apart, we are in constant contact daily, on the phone/internet etc.

          Any and all help is appreciated. </div></BLOCKQUOTE>
          I am assuming your girlfriend is a USC. You have two option if she is: 1) marriage and she will file the I-130, I-485, and all other necessaary paperwork to adjust your status, or 2) return home before the 180 days is up. If you are beyond the 180 day mark, then you face an automatic ban of 3 years. Depending on your circumstances, you will need to file a waiver if you return home and want to re-enter the US. If you return home before the 180 days, there is no automatic ban, but denial of visa will be more likely. If that occurs, you will then file a waiver at the US Embassy or Consulate.

          NOTE Sure if you are in your home country now or in the US.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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