katie2

Hi I am an english lady with an american boyfriend and I've visited the US several times and was recently refused entry as a consequence of overstaying my VWP. I've been advised to apply for a visa and am wondering what chances I have of getting it, I did not always hand in my green card when leaving so I dont know how they can be sure of my departures. Also if my boyfriend comes to the UK on a VWP could we get married here and begin the process of making it legal for me to live in the US. my boyfreind and I are devastated. it seems there are a lot of very informed people here and I hope someone can shed some light on this situation , many thanks

ian-mstm

Once you overstay the VWP, you can *never* use one again and *must* apply for a visa. It's a double-edged sword however. The visa may not be issued since you have previously demonstrated that you ignore the guidelines.


You've assumed that the I-94W is the only method of tracking you... it isn't. Besides, not surrendering the card is very likely part of the reason you were refused entry. Why? Because as long as the I-94W is in your passport, there is *no* evidence that you ever left the US... result = overstay, whether assumed or not.


No. Your "fiance" must have a specific marriage visa if you plan on marrying in the UK. However, you could also marry in the US if you want and your fiance could start the process today by filing form I-129F. Being refused entry because of an overstay is not a barrier to entering the US with the correct visa!


I'm not sure why. Nothing you've written is a barrier... only an obstacle.

Ian

katie2

thank you for that valuable advice, but with regard to my boyfriend and I marrying in the UK, I have been informed that I could have got married on the VWP during the 90 days in the US and it is legal, doesnt the same apply if my boyfriend comes to the UK? thanks again.

English Muffin

The UK and the US are two completely different countries with completely different immigration rules. Your boyfriend will need a visa to marry in the UK whether he intends to stay afterwards or not.

crg

What did they write in your passport? Did they write anything about 6C1 (fraud) in you passport? If you've been throwing away your departure stubs and trying to hide your departures that's bad. Did you make any false statements regarding your travels to the officials at the border?

I doubt they'll give you a visitor visa. It's clear that you plan to move to the US.

Hopefully you can find a way to get the fiance/marriage visa rolling.

katie2

No they did not stamp 6C1 in my passport, and I've not been intentionally discarding my 1-94w stubs, they've been mislaid or damaged. and my intention on my last visit was not to stay but to vacation, and I didnt make any false statements to the officials, everything was above board. and I answered everything truthfully.

Ray

Time for him to file for a K-1 visa for you ..

http://britishexpats.com/wiki/K1

katie2

to English Muffin
could you please tell me which visa my boyfriend would have to apply for if we were to decide to get married in the UK. thanks

ian-mstm

It is perfectly okay to marry in the US while on a VW as long as you leave the US before the VW expires. It is *illegal* to enter the US on the VW with the intent to get married and stay in the US to adjust your status.


No. The UK requires a specific visa to marry whether you intend to stay or not. Oddly though, this visa requirement seems to be waived *if* you belong to and intend to get married in the CofE... but there are specific things that need to be done prior to his entry to the UK and prior to the marriage in those circumstances.

Ian

English Muffin

I have no idea, I've never needed to go down this route. Google would be the place to start.

Ray

http://www.britainusa.com/visas/arti...=41000&a=41191

but that won't help you getting into the USA ..

katie2

it wont?

ian-mstm

No... in the sense that your fiance coming to the UK to marry you won't do anything, by itself, to allow you to eventually live in the US.

One way or another, you will need a visa to enter and stay in the US... either a fiancee visa (so that you can enter the US with the specific intent to marry within 90 days and stay in the US to adjust status), or a spouse visa (so that you have the specific intent to enter the US to reside with your US citizen spouse).

Ian

katie2

Okay but if he applies for a fiancee visa we can expect to wait quite a while whereas if we got married in the Uk, would my application for a Spouse visa be quicker? I appreciate your advice.

English Muffin

Nope, they take about the same time.