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  • visa waiver

    hi, i am in usa on visa waiver programme from uk. I have overstayed by a month now and am returning to uk this week. Will my overstay bar me from returning to the usa ever again? Or if not how soon can I re enter the usa after using a visa waiver as I went n fell in love,,,(as you do!) and want to be able to come back. My partner and I do want to get married but at the moment this is not possible. Any help would be good...thank you all.

  • #2
    hi, i am in usa on visa waiver programme from uk. I have overstayed by a month now and am returning to uk this week. Will my overstay bar me from returning to the usa ever again? Or if not how soon can I re enter the usa after using a visa waiver as I went n fell in love,,,(as you do!) and want to be able to come back. My partner and I do want to get married but at the moment this is not possible. Any help would be good...thank you all.

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    • #3
      read my posting further up the board on my experience, my advice is either return to the UK and file a fiance (K1) visa, the longer you stay the worse it will get, it shouldnt take you too long to get the visa but you may need a waiver, this was my question, if you try to re-enter the US you may be turned away at the port of entry like me due to a previous overstay, which is a very painful experience, i had been married 1 week when this happenned and i was returning back from my honeymoon, i wish i had done things differently as its been so painful to be away from my husband, so if you are serious about this relationship, go back to the UK and file for a I-129f. good luck

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      • #4
        Overstaying on the VWP means you will automatically be banned from using it again and you will have to apply for a visa which is hard to get nowadays once you overstayed.

        The best thing you can do is to get married and file for AOS. Your overstay will be pardonned and you will become an LPR.
        It is advised to not overstay for more than 179 days.

        Best of luck.

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        • #5
          thanks guys

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          • #6
            This is for Dee:

            Dee, did you get married here in the US and what visa were you on?

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            • #7
              i got married on the VWP i had already overstayed 110days by then, we couldnt file to adjust status in the US as i had to return to the UK just after we got married to go through a horrendous court case with my ex over my children coming to the US with me, on my sworn statement it says i was denied entry due to my previous overstay, my I-130 has already been approved but i havent got my interview date yet, hence the reason for me being nervous about the whole thing, if i needed a waiver i would prefer to know now rather than going to the embassy and being denied, and it being a complete shock, thanks marie

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              • #8
                Sorry you had to go through that Dee. What you should have done was file your paperwork and apply for a travel document.
                Even if you hadn't overstayed, they probably would not have let you back in anyways because of the fact that you would probably stay. They would have wanted you to get the proper paperwork before entering the US.

                This happens a lot to people who get married in the US and then go honeymooning outside the US, when they try to re-enter, the foreign spouse isn't allowed in because they don't have the proper paperwork.

                What you need to do is file the paperwork to get you back in the US. I'm not sure what that is from outside the US but I'm sure someone on this board knows.

                I hope it will work out for you Dee!

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