Blondie

I entered the US on the VWP in October 13 04, I overstayed that visa
for 5 months - left in June 05. By that date I was married to a USC but
I was 3 months pregnant and feeling very homesick for my family and
decided that my husband would surely be able to come to New Zealand
with me being pregnant and all, now it took 6 months for NZ immigration
to decline his application and another 2 months for the immigration
minister to also decline his application, our child who is now a USC
also has never seen her dad and i am desperate to go to the US to see
and visit chris. While I was in the US Consulate I asked about a B2
visa and the visa officer was not very helpful and just said apply for
it and if it is declined we will go from there. But what I have heard
is that I will be declined because I have a husband in the US. I know
that they want you to prove family ties in your home country, which i
have custody orders for a 5 year old son and visitation after my trip
to the US. I also have rent and automatic payment documents and Income
support statement showing that after 28 days my benefit will stop. Also
last but not least a letter from our MP stating he has written to the
immigration minister asking for special consideration with it being
declined. will the american embassy have compassion for Chris and never
having seen his daughter and give me a b2 visa, and are all of these
documents enough to prove that i will not overstay the visa. Also I
rang the USCIS before I left and they said that if I didn't overstay by
6months i could always go back over on the VWP but a lot of people with
their experiences of overstaying once and being allowed to enter a
second time. Is this true Thank you all for your help

Rete

You overstayed the VWP by 5 months. You are no longer eligible to use the VWP to visit the US. You do need the B-2 tourist visa. Yes, you will be denied and even if granted by the US Consulate, you might still be denied entry at the POE by the agent who examines you. You have a husband here, you have a USC child and you are prime candidate for entering and staying to adjust status.

You might want to think about meeting up with him in another country where you both can vacation as a married couple and introduce your child to its father.

At that time you two will have to discuss the ramifications of your long distance marriage and how you want to proceed.

Good Luck
Rete

HunterGreen

If you want to move to the US, apply for an immigrant visa. If not, seems like Rete's suggestion is the only option.

Elaine

scrubbedexpat099

He might have pronlems getting in somewhere else, if it is a No from NZ probably a No elsewhere.

There are spouses of USC's who do get B2's (or use VWP) and presumably some of these also have children.

Does it matter particularly if the child is dual? If the mother could adjust so could the child.

So assuming a good case for ties to home countrycan be shown, then the real issue is the prior overstay.

Would the fact that the Father can not travel to NZ be a positive.

PS: Just wondering but I sort of assumed that only US used 'vacation' rather than 'holiday', wondered what the Kiwi term was.

ian-mstm

As the resident sanctimonious prick, I'd just like to point out that it was naive of you to think that you could simply disregard US immigration law and not suffer the consequences!


From immigration's point of view, you already have a 100% failure rate with visa overstays! They probably won't be inclined to allow you to do the same again.

Ian

shepslady

As a fellow Kiwi I am really curious to know on what grounds your husbands
application was refused? Im suspecting it might have been to do with the fact that by being on a benefit you are not in a position to financially support him. What is your husbands financial position in the States?
Seeing that you overstayed in the US I think you would be better asking your MP to seek help from NZ Immigration trying to gain approval for your husband to move to NZ . For you to be successful with that though you are going to have to prove you or your family can support him without the help of any government benefits. Is it possible for you to return to work & have someone take care of your baby while you are at work? Do you have family there that can act as a sponsor for your husband. Also have you spoken to anyone from the US Embassy in Auckland regarding your chances of obtaining an Immigrant Visa? Not really sure if this is an option taking your over stay into account but its one thats worth at least looking into. Either way I feel you might have a long & winding road ahead of you & I wish goodluck.

Cheers
Cindy

Blondie

Yes I was on the sickness benefit when he applied for a temporary work
visa, which was sent to the london office for special consideration,
but was denied, i am now going through my MP but we sent off the letter
in December and the minister being new and all is very busy and won't
be able to reply until this month.
Chris's application was refused because he has a criminal conviction as
of 2005 (even though the charge was from 2000) it was a non
extraditable warrant and he stayed out of the state for four years, we
went back to virginia to sort that out because he needed to clear it to
get a passport. We have letters from the detective, my family etc but
we will just have to keep trying. I think it was because the charge
was so recent (march 2005)

My family own three fairly big businesses and have written two letters
of support giving him a job and both him and i accomodation. I have
spoken to the us consulate in auckland and the diplomat there who was
processing charlotte dual citizenship said him and i have dug ourselves
a hole and that it will be very tricky getting through the poe. i am
just thinking it would be far easier and not so risky to go for a k3
visa, but i also think that since i have a son here in new zealand i
have a house etc that i do have good reason to return to new zealand i
am worried because if i do get approved in auckland i could get over
there and be denied!!! then i would have to come back and file a i601
and that is such a hassle!!! i am not to sure what to do any advice
would be most appreciated. Gina

scrubbedexpat099

Being denied a B will not have any impact on a K3/CR1.

I think I would have a go at the B, you never know, if refused then you have 2 options:

1. Follow through on his possible immigration to NZ.

2. You emmigrate to US.

If you get a B, take all the evidence that you submitted to the Consulate wih you. You are unlikely to get deported, more likely turned back.

shepslady

If its as you say you sent letters from your family offering financial support & employment offers then I too suspect that it is more than likely it will be his conviction/charge that is the problem. The thing I dont understand is where your first state the charges were back in 2000 & he stayed out of the state for 4 years but has since returned to clear it up & then you state the charges are so recent(March 2005). I guess it all comes down to what sort of charges he faced as to whether NZ will allow him in or not. I seriously think your best option if trying to come to the states will be to try the K3 route but think overall trying to get him into NZ might be the easier route in the long run.
Will keep following this post to see how things are processing.

Goodluck
Cindy

Matthew Udall

It’s “your” application for the visa. It’s all about “you” and your intention (immigrant presumption perhaps overcome by your evidence of non-immigrant intent). Your husband has very little to do with “your” application and “your” intent (well, except that you would have to disclose his existence when applying, and that would be evidence of your strong ties to the U.S., not strong ties to New Zealand).