arran29

Could I ask you a question please as you seem to be quite knowledgeable on this subject? I overstayed a VWP visa by 6 months and 1 week, I tried to adjust status and then at the visa interview was told my husband was ineligible to sponsor me and we either needed another sponsor, which we couldn't find or else sell my UK property and put the funds in a US a/c within 90 days. We couldn't manage that either so we chose to leave for the UK within the 90 days, not knowing that the date I chose to leave (we were waiting for my stepson to finish school) meant I had overstayed 6 mths and 1 week which was not allowed. I then reapplied for a visa in March 07, husband went back to US to work Aug 07, I went on a VWP to visit, first my cousin and then my husband. Stayed 3 months and left within the 3 mths. Arriving back Apr 08. However in June 08 I had my interview in London and was told I had overstayed ,my visa in 06 and had incurred a 3 year ban, the officer was surprised I had been allowed in in Jan 08. I had my married passport with me, so maybe that was why. Anyway she didn't say it would be a problem ( I mean another problem over and above the 3 year ban) The ban is up July 09. I am now panicking and anticipating every little problem that could arise. I was not actually deported, and as you say you don't get a 3 year ban if you were deported, do you think it will create any further problems that I entered on a VWP in Jan 08, prior to being given a 3 year ban in Jun 08?

ian-mstm

You weren't given the ban in June 08... you simply became aware of it in June 08. You were given the ban in July 06, and everything you did after July 06 will likely prove problematic for you. The ban was automatic from the day you left the US in 2006 (which is why it's up in 3 years). You should *not* have returned to the US during that time, and you were certainly *not* allowed to use the VWP in any case. That you were allowed in to the US makes no difference.

You need an experienced immigration lawyer... this is not a DIY project. Worst case scenario - you now face a lifetime ban from the US.

Ian

discoviking

You didn't incur the 3 year ban in 08, it was automatically triggered the day you left the US after your overstay in 06. Your 08 entry may quite possibly create a problem for you, since you were legally inadmissable at that time.

You may want to visit http://immigrate2us.net/ as that site primarily deals with people in situations similar to yourself.

And as Ian stated as well, a consultation with an experienced immigration attorney would be prudent before you proceed any further. You can find a list of recommended attorneys that specialize in your type of case on the site I mentioned above.

Good luck.

arran29

Thank you to both of you for your honest and frank answers, we were contemplating getting a lawyer anyway and were unsure if this 3 month visit would be a problem, now we know it would be. It is better to be prepared as I think this will be my last chance of getting to the US so we want to try and give it our best shot. It will have such a huge impact on our lives.

crg

You weren't deported.

Did you use the VWP after the visa denial, not counting the failed AOS?

If you were. did you list the prior visa denial on the Form I-94W?

There is nowhere on the VWP that asks about prior overstays, or failed AOS applications, so using the VWP during the 3 year bar should not create any additional automatic problems. They may not be tickled at the fact, but if there was no fraud involved then it shouldn't complicate things any more than they already are.

However, if you misrepresented yourself on the VWP form by not listing the visa denial you would have cut off a line of questioning that could have lead to them finding out you were inelible for admission on the VWP. That could cause problems.

arran29

Thanks for replying. I used the VWP in Jan 08, we left the US in July 06, were given the 3 year ban in June 08. So by my understanding I have been denied twice, well once definitely in 08, but the 06 one we were told to come up with a joint sponsor or else leave in 90 days, so we left, I also wrote and told them I had left and abandoned that case.
I didn't list it on the I94 as I didn't think I had been deported or denied at that time. So I think from your reply then that it is not as serious as I first feared but I may be wrong.

crg

The failed Adjustment of Status that happened in the US is not a visa denail.

Did the consulate deny a visa application from you, and if so did you use the VWP after that visa denial?

arran29

no they did not deny me .After the failed AOS, I reapplied (thinking I was starting over) in March 07, stayed in UK, did not go to US until Jan 08 when I went on VWP, in June 08 had interview and was told about the overstay and they then noted that I had gone in on Jan 08 (obviously I had not written it on my original application in Mar 07 as it happened after that), the officer just asked if I had had any problems in Jan 08, I said no, cos I hadn't, that was it,she said she'd need to investigate my 06 stay as I may have overstayed, then in Aug 08 was told at next interview I had indeed overstayed by 1 week over the 6 month over the 3 months if you understand, and so incurred a 3 year ban. No mention of the 3 month stay in Jan 08. Just info on how to apply for a hardshipwaiver. She said I could either do that or wait it out, I chose to wait it out as my husband was by that time back in UK with me and we couldn't claim a hardship waiver.

crg

From what you describe, I don't see any automatic bar for getting an immigrant visa. Of course, as you already are aware, the VWP is out of the question and getting a B2 visa would be unlikely.

arran29

Yes I now know I can not enter the US on a VWP again. I am applying for a K3 spousal visa, I don't know what a B2 visa is. What is that exactly? Why would I need it?

discoviking

Why a K3 and not a IR-1? A B2 is a tourist visa.

arran29

OK, my mistake, I just checked some correspondence there and it is an IR1.

Folinskyinla

Hi:

You do need a consultation with an experienced immigration lawyer. As written, your story does not hang together. But it may be that there is a fact missing or you don't describe it accurately [easy to do if you are no fluent in "immigration" -- a strange language indeed.].

arran29

I don't know what doesn't hang together in it. It is quite a long story and has been ongoing since we married in 2005. I have tried calling a few lawyers but they offer little advice without wanting to take over the case, for about 2000 UK pounds, but as I only have one form left to complete and mail in with my police cert, I don't know what they can do for me. I have found out they can't come with me to the interview, so as I intend to tell the truth at the interview, I can't see what advice they can give that would alter mthe course I am on. I know it is scary but I am stuck.

Folinskyinla

Hi:

The sentence in bold does not hang together with your OP in this thread. The I-601 is essentially a cover sheet for the application.

I'm not even sure if you need a waiver application in the first place. And if you do, it is the supporting documentation that is the key.

As you correctly point out, attorneys are not allowed to accompany you to the interview. In my opinion, that is even more reason to consult an attorney before the interview in order to be properly prepared.

And if you do need a waiver, the equivalent of a $3000 fee in the US does not strike me as unreasonable. And "in country" legal fees for the UK generally are higher. You need not hire an "in country" lawyer is that is your desire.