Rammy1964

I flew into JFK yesterday and was sent back to the UK as inadmissable a few hours later. I need to figure out my best way forwards and was hoping someone with greater knowledge could offer any suggestions. Any help gratefully appreciated.

I have been traveling successfully to the US for the past 4 years to see my girlfriend on an ESTA with no issues. I inadvertently stayed for 95 days on my visit which terminated on July 07 2015 which meant that when I arrived in Philly on Sept 04th I was refused access on the basis that my overstay had made me ineligible for the ESTA/VWP.
They charged me $600 for what they described as a temp B-2 Visa which was valid until March 05 2016. I entered the country and left 3 weeks later.

My clear understanding was that this was a temp B-2 Visa & I could come and go on that as I saw fit within the time frame allotted. Clearly I was wrong in that not only am I now ineligible forever on the ESTA/VWP according to Border Control, I must now apply for a B-2.

Everything else in my world & past is totally clean. I am thinking I can either go for the B-2, try for an investor Visa on the basis I intend to setup in business over there which is possible, or I marry my GF, which we intend to do. My question would be whats the fastest and easiest route and if I marry her, I cant get there to do it, can I marry her in the UK and then head off back into the sunset over the water, so to speak?

Someone told me that the 95 day infraction is bullshit and they should never have invalidated my original ability to enter the US. Does seem draconian.

If I apply for a B-2, with all else being clean, how long do these take in reality?

Thanks

Andy R

Pulaski

You have made yourself permanently ineligible for the ESTA/VWP. Full stop. There is a fixed and inflexible limit at 90 days on the VWP, overstay by one day and that is the end of your ability to use the VWP, that's just the way it is, and it is applied automobile, there is no discretion in when it is applied. With a very recent overstay on your record, and then an attempt to reenter, I don't think you'll be getting a B-2 visa any time soon.

From what you said, getting married would be the surest way to get a visa, it will take about 8 months from the point you start filing the paperwork after you get married. The first form is filed by your wife.

You can get married anywhere that you are legally able to get married. Your girlfriend would need a visa to get married in the UK. Getting married in a third country, one where visitors can legally get married, would probably be easiest. Perhaps Canada, though I know nothing about Canadian marriage laws and the practicalities of that. Otherwise a resort marriage in the Caribbean might be another alternative. A fiancé visa for you to enter the US is another possibility.

An investment visa is expensive, complicated, and messy. You would need to engage an attorney, and probably the services of an accountant to help draft a business plan.

sir_eccles

I've never heard of a temporary B2 visa being issued. I would suspect it was a single entry deal. Perhaps you can provide more details on that.

Any overstay on a VWP visit bars you from future use of the VWP. Overstays of 5 days will not give you an automatic ban from entry into the country, needs to be over 180 days for that to kick in I think. But any future visit to the US will require a visa and I would guess that if you applied for a B2 right now it would be denied.

Start looking at the K1 fiance visa.

Noorah101

You can no longer use the VWP, that is not BS.

To visit the USA, you'll need a B2 visa. Can't hurt to apply and see what happens. ... may be approved or denied. If denied, next step would be marriage.

Rene

crg

The temp B-2 was not a visa, but sounds like a Form I-193 waiver of entry document. The fee for that is $585. It's good for one entry if approved. I'm surprised they approved it because it's quite rare in a VWP case. The ability to lawfully use the VWP was toasted when you overstayed. They don't have the discretion to ignore it and admit with the VWP again. So they didn't invalidate the ability to use VWP. You did that yourself.

S Folinsky

General comment:

Term "visa" is often misunderstood and misused. I've seen court decisions misuse the term.

A "visa" is a document issued by a consulate abroad which allows one to come to a port of entry [and also allows a carrier to bring the person to the port of entry]. That is it, that is all, nothing more.

At the POE, a person then applies for "admission" to the United States. If the person is admitted, the admission is subject to various terms and conditions. A normal prerequisite to being "admitted" is possession of the correct "visa." However, the border inspectors have the authority to waive the visa requirement and admit the person even though they do not have the correct visa.

As an aside, the "ESTA" is what I call a "visa-like" hybrid. It is advance permission to to come to the US on the "visa waiver" program. The ESTA is NOT a "visa" due to the statutory definitions.

So, it looks like OP overstayed a prior VW admission which destroyed his ESTA. The next time he came to the US, the POE saw that he needed a visa and did not have one but admitted him anyways as a B-2 visitor as if he had had a visa. The next time, it didn't work the same way.

Furthermore deponent sayeth not. A legal consultation [not with me] might be in order.

sir_eccles

It isn't clear from the OP how many trips have been undertaken.

- overstayed left 7 July 2015

-attempted entry 4 Sept 2015
allowed in on "temporary B2"
left 3 weeks later

- ?
Did the OP try to enter again?

SanDiegogirl

Yes he did..... tried to re-enter on 19 November 2015. He obviously has little to no strong ties with the UK.

sir_eccles

Duh, first line. Not sure how I missed that!

Now, isn't trying to enter when inadmissable going to be a pretty black mark on his record? I would say a B2 application is a complete waste of time.

ian-mstm

With respect, you sound desperate to return... and when people are desperate, they make very poor decisions! This seems to be what happened to you.


Oh dear! End of story, I'm afraid. You are not ever allowed to use ESTA/VWP again.


Correct.


To visit the US... correct. You can, however, apply for any other visa for which you are otherwise eligible.


I hear wedding bells in your future!


There are two marriage-based visas: K-1 (fiancé) and CR-1 (spouse). Both are options for you. Some research is in order, so start here.


Remember what I said about being desperate? Don't apply for a B-2... it will trigger a series of events that will not end well for you.

Ian

scrubbedexpat099

K1 is quicker than CR1.

FlyingDutchman6666

Interesting that the OP got onto the plane in the first place. They did not cancel his ESTA after the overstay, not even after the "temporary B2 visa" ?

Rammy1964

@Pulaski: Thank you. Yours is the first response to my post and quite frankly has both shocked me a little and perhaps opened my eyes somewhat. As I say, thank you. More work required here than I realised.

@Sir_Eccles. You are correct. It was a single entry deal on a Form I-193 which actually cost $585 as another poster suggested. It was stated to me by Border Control in Philly that this was a one off deal, and beyond this I would need to apply for a Visa - probably B2. However, I was also told by BC that this was a temporary B2 Visa and the I-193 is stamped at the bottom saying "Class B2, until March 05 2016. I took that to mean that I could come and go as I pleased until that time expired. I had been in the UK again for the last 2 months, I could have applied for a B-2 then had it been properly explained to me by BC in Philly. Maybe because the day of entry was Labour Day weekend and it was crazy busy, but they didn't explain all of this to me in a way I understood and I feel they should have done a better job with that. As far as I was concerned I had a temp B-2 Visa allowing me to come and go as I pleased. Obviously I was wrong.

@CRG you are correct on both counts. My fault not theirs and FYI the I-193 B-2 Waiver was under section 212(d)(4) whatever that means and was issued probably because I am the type of visitor that the US would want, if I say so myself. I'm of good character, I spend a lot of money when I'm there 6 months of the year, I have a US fiance and I intend to take my business there in time and employ disabled US Vets almost exclusively within it. I should add also that that the ultimate outcome aside, I have been treated politely and respectfully by the BC staff at Philly and at JFK.

scrubbedexpat099

Who?

Rammy1964

@SandiegoGirl. Interesting to me that you make the point I have little or no strong ties with the UK? Is there a reason you say that? You are correct in that emotionally I don't, but I have 2 sons here still and my primary business is based here too. Those ties are pretty strong. Its just that I have a great management team within the business who do a better job than me of running it so I leave them to it. Gives me a lot of freedom.

@Ian you are frightenening me a bit here about the B-2 Application thing. I feel compelled to ask what series of events you foresee could happen to me. I realise its speculation but you know more than me, what could happen to make things worse in your view?
And I will do more research as you suggest and probably get a lawyer as a previous poster mentioned.

@Boiler - Thanks. Noted.

@FD - the BC officer at JFK mentioned that specifically. He said my ESTA was still valid and implied that had I not also given him what I thought was my temp B-2 he would have let me in! I could be wrong.

If Fiance K-1 Visa is the fastest route, can anyone comment on typical time frames and given whats gone will using the services of a lawyer speed it up for me, or slow it down?