MattS

Hi all.

I arrived in the United States on August the 24th to spend 3 months with my girlfriend.When I went through border patrol however,I was told I could only stay until September 23rd.On the back of my I94 the patrol guy has noted no EOS,NO COS and NO AOS.He stamped my passport and put on 1 month limit.

I wonder if this can be done?I have a multiple entry visa valid for 1 year,which is due to run out November 28th.I was originally due to leave November 26th.Can anything be done to extend my stay?Would I be breaking any law by staying seeing as though my visa is valid until November?I notice on all other stamps the classification has been left off,however this time he has very specificly put B2.

I had a horrible time going through border patrol.The patrol guy asked me to sign into my email account.Is that legal?He then said he only let me in as I had $2500 on me.He asked about a potential business me and my girlfriend were thinking of starting up,he notice that after looking through my emails.I wonder if that is the reason for the notation of a B2?He said if I stay past the date he's put on my I94 then I'm responisble for the consequences,"as a grown man I take the consequences".He was convinced me and my girlfriend were getting married.Said he didn't like the fact that I gave up my job for a girl I barely knew.This kinda ticked me off.Me and my girlfriend speak everyday on the phone for the past nearly 2 years.

At this late stage,I have 24 hours left before my flight is due out,can I file an extension of my stay?Would I have problems getting back into the States on future visits?What would be the worst case scenario if I do stay?If I wanted to return in October would that be a good idea?

Speaking to a few legal experts has left me more confused.Some say there is nothing I can do but leave.Some say the NO EOS,COS,AOS have no legal binding effect.One lawyer suggested getting married to my girlfriend,however,then he said I'd have to ride it out and NEVER leave until my green card came.

Anyone offer any advice?I'm afraid that due to this epiosde I'll be unable to get another visa to come and see my girlfriend.I know I need to show strong ties to the UK at border patrol,like a job,house etc so would going self employed hinder me?

Thanks in advance.

Matt

Noorah101

Yes, it can. The POE officer has the right to admit you for as long as he chooses.

The POE officer wrote quite clearly, NO....
EOS = Extension of Status.
COS = Change of Status.
AOS = Adjustment of Status.
It sounds to me as though you cannot extend your stay.

Yes, you would be overstaying. Your visa is valid, but your I-94 won't be, and that's what counts.

Yes, the POE officer has the right to ask you to do this.

The note on your passport says you cannot file an extension. Yes, you will have problems in the future if you overstay on this visit. Worst case scenario if you overstay, I guess is that when you DO leave, you can face a ban from returning to the USA. Returning in October would not be a good idea, as it is past the date the I-94 allows you to stay.

You probably can pick one of the attorneys and go with what they advise. They are, after all, attorneys whereas we are just laymen...except for a few attorneys who DO post here. But be aware that you have a very clear notation which says you cannot adjust your status. That does not bode well for staying in the USA to marry your girlfriend and trying for AOS.

My advice would be to get on the next flight out, and then either wait a long time until your next visit to the USA, or start the process for a K-1 fiance visa.

Best Wishes,
Rene

Bill_S

Good thing you didn't wait until the last minute to ask for advice...

Sometimes it doesn't pay to fight city hall. Overstaying an I-94 is bad news. If I were you I'd be on the plane.

gstring

QUOTE=Bill_S - "Good thing you didn't wait until the last minute to ask for advice..."

http://britishexpats.com/forum/showthread.php?t=538436

You should get on with your K1.

Good luck.

Ray

You are red flagged for something ....

Definetely leave on time ....
you cannot beat them ...

meauxna

'Something' alright.

Matt, reading your past post just underscores what the border agents figured out on their own.

It's time to man up and do the thing right, if it can be done. Seems over-time for you and your GF to have a sit down with her parents. If you're old enough to get married, you're old enough to deal with this correctly.

BritishGuy36

Wow.....looks like they are really tightening up on the VWP Express passengers.....

About time really. Not that I'm suggesting the OP was planning to do AOS.

MattS

British guy,Firstly just read your timeline.Congratulations on approval.

I didn't come in under the VWP.I had to get a Visa from the consulate in London.

Thanks all for the advice.

There was a guy who tried to come in via the VWP whilst I was being quizzed.He got put on the next flight back.

Bluegrass Lass

After reading his prior post, it does seem odd that the whole 'big wedding' thing keeps popping up. Almost sounds like an excuse.

I want a lot of things in life, like about a 7figure income with no responsibilities, but we don't always get what we want do we. It's time her parents accepted that a US/UK marriage can't exactly be 'traditional' once bureaucracy intervenes.

That being said, if you don't want to add even more bureaucratic complications to the personal ones you seem to already have, I'd make sure to comply with what's written on your I-94. If you try to Adjust Status on a VWP, you cannot appleal the decision, if they don't approve it. I don't know if the same risk is involved with the B1 (assuming that's what you have), but I wouldn't chance a possible 3yr/10yr/lifetime ban. Especially since that would really make your marriage non-traditional if you are residing in separate countries for 3 years.

Oh, and tell your girlfriend that she needs to do what is good for her and her future, not her parents. You can't alway please the 'rents.

Ray

So you got a B-2 for a year..from London
which means you didn't get the normal 10 year for a reason
Which we won't go into ...

Just ensure you are out on time..

Noorah101

Matt,

You can only come and visit the USA a certain amount before the POE officers start cracking down. This is what happened to you. You visited just a bit too often and too long for their liking, and they gave you a 1-month stay this time. I'm curious, why did you wait so long before making plans to return on time? Now you have to scramble around and pay extra for a last-minute ticket. As soon as I saw I could only stay one month, I would have been changing my return ticket from Nov 26th to Sept 20th or so.

I hope you can find a good last-minute deal, and then your best bet is to start the K-1 process. That takes around 8 to 10 months, then you have 6 months to use the visa, and then must get married within 90 days of your arrival. That gives you and your fiancee PLENTY of time to plan a nice big traditional wedding, in my opinion. That's about a year to a year and a half from now. Surely a traditional big wedding can be planned by then?

Rene

MattS

I wouldn't blame my girlfriend.Cultural complexities and just wanting the best for your little girl are not things to be taken lightly.Not that I was suggesting anybody was having a pop at my girlfriend.

I'll be on the plane.Thanks all for the advice.

Thanks for the post Noorah.

I must admit most of my plans are already in place.Have only had to pay the $100 fee due to changing my times.I guess at this late stage I'm just trying (unsuccessfully) to fight the innevitable

Yeah I agree what you say about the POE officers cracking down,however,I'd have thought it would have been the other way round.I've been here twice before and left on time,didn't get married,never got in trouble etc etc.So I would have thought that previous good conduct would be taken into account.

Duncan Roberts

Cutting it close. You want to leave a couple of days or so before your visa/VWP expires. If your plane gets delayed and you end up leaving the states the next day, even if it's only 5 minutes into the next day, you have an overstay and it makes things even more difficult for you.