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Marrying on VWP +Divorce before Interview = 10 years bar????

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  • Marrying on VWP +Divorce before Interview = 10 years bar????

    I also came on VWP and got married to USC, never overstayed, but we are separated now and didnt even have first interview...

    Is it true that even if I leave the country now, I will get a bar for overstaying on VWP since marriage didnt work?

    Some people say that I am in overstay since my I-94 expired...which is over a year ago,....

    This would mean that anyone coming on VWP and getting married to USC...and it doesnt work...then you are almost sure to get the 10 years bar???? UNLESS YOU LEAVE WITHIN 180 DAYS AFTER I-94 EXPIRES????

    I think its gonna make people stay here out-of-status rather than make them leave the country isnt it?

    Also do you ever get the VWP privilege after the 10 years bar is over?

  • #2
    I also came on VWP and got married to USC, never overstayed, but we are separated now and didnt even have first interview...

    Is it true that even if I leave the country now, I will get a bar for overstaying on VWP since marriage didnt work?

    Some people say that I am in overstay since my I-94 expired...which is over a year ago,....

    This would mean that anyone coming on VWP and getting married to USC...and it doesnt work...then you are almost sure to get the 10 years bar???? UNLESS YOU LEAVE WITHIN 180 DAYS AFTER I-94 EXPIRES????

    I think its gonna make people stay here out-of-status rather than make them leave the country isnt it?

    Also do you ever get the VWP privilege after the 10 years bar is over?

    Comment


    • #3
      I think that the point of VWP is that you're coming to visit, not to emmigrate. That is why it is a waiver program. If anyone else who comes on a F-1, tourist, etc. visa, gets married, they also have to prove that wasn't there intention when they came. So, yes, you have overstayed as of the date of your I-94, if you don't adjust status

      Comment


      • #4
        Ok, that makes sense...

        Comment


        • #5
          By the way...overstay more than a year lead to a 5 year or 10 year bar?

          Will my VWP privileges be given back to me after that bar?

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          • #6
            By the way...overstay more than a year lead to a 5 year or 10 year bar?

            Will my VWP privileges be given back to me after that bar? Or I will still need to get a tourist visa to come to USA?

            Comment


            • #7
              Katie--
              also--there is another route, if someone comes here on VWP, then they meet someone, they can always go home, and that person can petition them to come over using K-3 or the other fiancee visas. Those are visas especially for people who intend to marry.

              I don't know about VWP after ten years bar, according to a lot of what I've read on this site, it seems like many on VWP just enter and exit at will, sometimes even if they aren't supposed to. I suppose there is always the chance of getting caught. Still, someone who enters on VWP, has a special privilege that most of us from other countries do not have. They put rules into place so that people will not abuse it.

              Comment


              • #8
                Ok so if I had done fiance visa and got married then divorced before interview and go home...I wouldnt have lost my VWP privileges?

                But Fiance visa is valid for 3 months only...so I would be in overstay also...since the time the K3 expired???

                But I still think like you...with Fiance visa, whatever happens, you dont loose your VWP as long as you leave when the marriage is over of course.

                Comment


                • #9
                  you may well be barred for 3/10 years. It is the work of an instant to recover your I 94W to see when you entered the US and it is not too difficult to determine when You left (or would leave). Just marrying a USC does not give you any status at all.
                  Applying for a K3 with a new fiancee will still expose you to the 3 or 10 yr bar (depending on how long you stayed)
                  If you think that the INS cannot find out when you left (or leave), they can easily backtrack any credit card receipts, traffic tickets, departure records from airlines, etc and connect the dots. I am sure that there are a few misguided individuals out there who will tell you to lie to someone.....

                  Comment


                  • #10
                    I should have done K3...but we were in a hurry and sooo in love....

                    We didnt wanna wait 9 months for a visa...well now I am gonna have to wait years to get back....

                    Thats what you get when you dont have any patience...

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                    • #11
                      Of course INS know when I am leaving...they get the I-94 from the airlines...or else that would be too easy...

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                      • #12
                        I am now in overstay for 450 days ...

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                        • #13
                          it is not a matter of patience; it is a matter of obeying our laws and respecting the vwp privilege. You were allowed 90 days only - you failed to live up to the terms of that privilege (which WILL be lost), there is no one to blame except the person looking at you in the mirror.
                          You also have far less recourse when you abuse the vwp privilege.

                          Comment


                          • #14
                            I agree with what you say and I am not blaming anyone but myself. I should have known the law before I started.

                            Comment


                            • #15
                              Yeah I guess it ***** about the bar, can't you work it out? I posted the rules from the INS website below-- it sounds like you will be barred.

                              Who Is Eligible to Use the VWP?
                              To qualify for the VWP, you must:

                              * Intend to enter the U.S. for 90 days or less;
                              * Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
                              * Be a national of the VWP country that issued your passport;
                              * Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
                              * Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island (unless (1) you are a resident of an adjacent island, (2) this requirement is waived by the Attorney General under regulations, or (3) you are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the U.S. if you are found to be inadmissible or deportable);
                              * Present to the Immigration Inspector a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form (Please see How Do I Get an Arrival Departure Document? for more information about Arrival/Departure Records.);
                              * Not pose a safety threat to the United States;

                              this is the one that would bar you I think:
                              * Not have failed to comply with the conditions of any previous admission under the visa waiver program;



                              * If arriving by air or sea, arrive on a carrier that signed an agreement (signatory carrier) guaranteeing to transport you out of the U.S. if you are found to be inadmissible or deportable;
                              * Convince the examining immigration officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act (for reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a));
                              * Waive any right to review or appeal an immigration officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
                              * Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

                              Comment

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