Songbird

Yes he should DEFINITELY seek a consultation with a competent IMMIGRATION attorney. He could well be advised to submit the K1 - go through the process and *IF* he is found ineligible ( which is almost certainly a given) then proceed through the waiver process. That being said the waiver process ( apart from being costly especially if he retains said attorney) is not known for its speed. It could well be the case that the overall time scale involved might well stretch into a fairly large chunk of that remaining 23 month ban period that the OP presumably has. Further proving 'extreme hardship' is not merely about how much they would miss each other. For those reasons he could also be advised to wait out the ban period. Who knows? Best thing he can do is arrange a sit down with a brief

USA & Pakistan

Oh, it's not grey... it's black and white... pages and pages and pages and pages of black and white.

ByteRider

Rene,

It baffles me though as the USA and Australia and the UK and Australia share much more lenient rules yet the UK and USA seem to almost have a bit of an unnecessary complex with each other over immigration.

regards and night night,

Jim

Noorah101

You're comparing apples to oranges. UK vs. Australia....USA vs. Australia....and then UK vs. USA. Every single country has it's own immigration laws, Australia has its own as well, and how they relate to the UK and USA has nothing to do with how UK and USA immigration relates to each other.

Make an appointment with an immigration attorney for a phone conference, with you fiancee on the phone as well. That's the best thing you can do right now.

Rene

Noorah101

Actually no. USA is a LOT more complicated. It's actually easier and a LOT quicker for a USC to immigrate to the UK. So their immigration laws are not equally complex, no.

Tracym

USA doesn't have any special immigration rules for the UK.

USA has immigration rules for everyone.

If there is a possibility they do NOT have a record of when you left the US, you should look for some (to avoid 10 year ban). Surely you must have bank statements, credit card charges, etc. from right after you returned... your plane ticket... some things that would show you were back in the UK.

bluesails

Here's a generic timeline for UK you can expect something similar for your case, on average:
* Fiance files I-129F petition with USCIS at her local service center (CA or VT) takes about 7 months currently to adjudicate (assuming no RFE)
* I-129F is approved and sent to NVC then embassy in UK - about another 1 month
* Embassy notifies you of interview date and sends you packet of information they want you to bring to the interview - usually within 1-2 months
* At interview, you will be found to have overstayed on VWP by less than 365 days. You have 3 year ban. Your K-1 visa will be denied, but you will be able to file for a waiver (I-601)
* You can have the waiver prepared and bring it with you to file at the interview after you are denied. In addition to the form I-601 you will need a brief outlining the extreme hardship your fiance will suffer if you are not issued the visa including why she cannot live in UK and why she needs you in US with her. You will include all the supporting evidence of every point of hardship. See this website for help in this process www.immigrate2us.net.
In the FAQ section of that site, there is a list of recommended attorneys that specialize in waivers. http://immigrate2us.net/forum/showthread.php?t=889
* Hopefully, about 3-6 months after you file the waiver, you will get an approval.
* The embassy will notify you of the approval and tell you to either send your passport for K-1 visa issuance or ask you to come in to complete the process, depending on how long it has been since the first interview and local process at the time. Usually another 1-2 months.
* If the waiver were denied, you have the option to refile a new waiver (start over that part of the process) or file an appeal. But hopefully, you won't have to go down that road.

Folinskyinla

Rene:

I was amused at the comment of not turning in the I-94W to avoid documenting the three-year bar. Having a legal eye and defensive tendency to view things through a governmental lenses in order to better pursade them: my thought was why would he want to avoid documenting being subject to ONLY the three year bar in order to avoid a presumption that he is subject to a 10 year bar?

Also, OP doesn't get the difference between going 4 miles per hour over the speed limit and advising on what to do -- as you approach a well know "speed trap."

Folinskyinla

Hi:

You are talking internal politics which leads to a lot of irrational thinking and knee-jerk legislation. Blame it on the "equality" thing of the 1960's in part. Also, the lead up to the 1996 election and the battles between Bill Clinton and Newt Gingrich [with his "Contract On America" rubric], combined with the 1994 "Proposition 187" thing here in California.

Also, a lot of people forget that we are operating under a basic statute which was passed during the McCarthy era. Truman vetoed the damn thing only to be overriden. And, as I alluded to above, Clinton's veto was avoided by the simple expedient of making the extensive "IIRAIRA" legislation a rider to the FY97 budget -- and know one wanted to "Shut Down The Government" again just before the general election.

Bluegrass Lass

Jim, everyone is treated the same way with regards to immigration, no matter how politically friendly we are with the country. UK citizens are not given any special treatment just because they are UK cits. No special treatment for anyone, which is the way it should be. You're only options are:

1) She moves to the UK to be with you until you can legally immigrate to the US, or
2) She just continues to visit you in the UK until your 3 yr ban is over, or
3) You try for a K1 or spousal visa (assuming you get married outside the US) and file a hardship waiver. In case your waiver is not approved, you better have a back-up plan (i.e. she moves to Britain)

The USCIS does everything by the books. They don't care if you are married, in love, have family here, have a dying father here, etc. There is no compassion or way around their rules, unless you jump through the bureaucratic process and they decide to let you in. Like it, or lump it. There's no way but their way, accept it or don't even try to move here. You are being either extremely stubborn in getting this through your head because you don't believe us and think you'll be treated differently (not true), or just don't get what we are trying to tell you.

Just Jenney

The US has "lenient [immigration] rules" for Australians? Such as??

~ Jenney

Just Jenney

This clearly seems to be a case of notbeingtoldwhatonewantstohearitis, which can be quite a debilitating condition. Recovery from this condition is available, but it is wholly up to the afflicted person whether s/he really wants to get better and see results.

~ Jenney

Tommylee

Goes to show overstaying is not worth it at all...ok so you managed 8 months with her, now may be seperated for 3 years.

It's uncessery worry at the end of the day.

But where theres a will there's a way.

Folinskyinla

Hi:

He managed 11 months. On a VW admission for 90 days, the 3 year bar kicks in after 270 days [180 + 90].

jeffreyhy

BR,

It probably is a B visa, but a B1 visa not a B2 as you posted. Both are visitor visas, the B1 visiting for business and the B2 visiting for pleasure.

As meauxna posted, one cannot live in the USA with a B visa of either type, but one can possibly spend a higher percentage of time in the USA with the B1 than with the B2.

Regards, JEff