Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

leaving with out re-entry permit

Wikiposts

leaving with out re-entry permit

Thread Tools
 
Old Jul 3rd 2008, 11:35 am
  #1  
Just Joined
Thread Starter
 
Joined: Jul 2008
Posts: 4
dordonian is an unknown quantity at this point
Default leaving with out re-entry permit

hi all,
hope somebody can help me out and give me advice on what my options are.my wife is a usc, we applied in usa for me to stay as a spouse.i applied before my 90 days was up on vwp, unfortunately i had 2 come back to england due to a family emergency, whilst my case was still pending.i didnt apply for an AP or re-entry permit. i didnt go over 180 days..is there anything i can do to get back to usa?? or am i screwed?? also if i cant go back would my wife and i be barred from applying again due to me leaving???
dordonian is offline  
Old Jul 3rd 2008, 1:29 pm
  #2  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by dordonian
... is there anything i can do to get back to usa?
The moment you left the US without AP, you abandoned whatever current status you had. The only way you can get back now is to have your wife apply for a spouse visa for you... about 8 - 10 months.

Ian
ian-mstm is offline  
Old Jul 3rd 2008, 3:42 pm
  #3  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: leaving with out re-entry permit

Originally Posted by ian-mstm
The moment you left the US without AP, you abandoned whatever current status you had. The only way you can get back now is to have your wife apply for a spouse visa for you... about 8 - 10 months.

Ian
Yep, plenty of info on the USCIS web site or at www.visajourney.com etc etc
scrubbedexpat099 is offline  
Old Jul 3rd 2008, 4:00 pm
  #4  
 
anabella's Avatar
 
Joined: Jun 2006
Location: Aspen, CO
Posts: 9,845
anabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond reputeanabella has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by ian-mstm
The moment you left the US without AP, you abandoned whatever current status you had. The only way you can get back now is to have your wife apply for a spouse visa for you... about 8 - 10 months.

Ian
Ouch!!
anabella is offline  
Old Jul 3rd 2008, 4:24 pm
  #5  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by anabella
Ouch!!
The VWP Express is only good as long as you have no overseas emergencies. We couldn't take the chance, so we found another way.
meauxna is offline  
Old Jul 3rd 2008, 9:58 pm
  #6  
BE Forum Addict
 
Joined: Feb 2008
Posts: 3,259
BritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by dordonian
we applied in usa for me to stay as a spouse.i applied before my 90 days was up on vwp, unfortunately i had 2 come back to england due to a family emergency, whilst my case was still pending.i didnt apply for an AP or re-entry permit. i didnt go over 180 days..is there anything i can do to get back to usa??
Ooops.....
Attached Files
File Type: wav
uh-uhhh.wav (4.3 KB, 41 views)
BritishGuy36 is offline  
Old Jul 4th 2008, 12:28 am
  #7  
Just Joined
Thread Starter
 
Joined: Jul 2008
Posts: 4
dordonian is an unknown quantity at this point
Default Re: leaving with out re-entry permit

Originally Posted by ian-mstm
The moment you left the US without AP, you abandoned whatever current status you had. The only way you can get back now is to have your wife apply for a spouse visa for you... about 8 - 10 months.

Ian
would me "abandoning" my previous application have a detrimental effect, if my wife did apply for me for a spouse visa?
dordonian is offline  
Old Jul 4th 2008, 1:06 am
  #8  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by dordonian
would me "abandoning" my previous application have a detrimental effect, if my wife did apply for me for a spouse visa?
No... no detrimental effect. Consider this though, because you effectively overstayed your VWP, you can *not* now use the VWP to visit the US. If you want to see your wife in the next few months, she'll need to visit you.

Ian
ian-mstm is offline  
Old Jul 4th 2008, 7:17 am
  #9  
Just Joined
Thread Starter
 
Joined: Jul 2008
Posts: 4
dordonian is an unknown quantity at this point
Default Re: leaving with out re-entry permit

Originally Posted by ian-mstm
No... no detrimental effect. Consider this though, because you effectively overstayed your VWP, you can *not* now use the VWP to visit the US. If you want to see your wife in the next few months, she'll need to visit you.

Ian
ok thanks for the advice, its appreciated...just one more question, when you say i can *not* use a vwp again to enter usa, is that a permanent thing forever or just for a limited time as i overstayed my welcome, i didnt go over 180 days
dordonian is offline  
Old Jul 4th 2008, 7:41 am
  #10  
BE Forum Addict
 
Joined: Feb 2008
Posts: 3,259
BritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond reputeBritishGuy36 has a reputation beyond repute
Default Re: leaving with out re-entry permit

Permanent.
BritishGuy36 is offline  
Old Jul 4th 2008, 8:19 am
  #11  
 
Poppy girl's Avatar
 
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Poppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by dordonian
ok thanks for the advice, its appreciated...just one more question, when you say i can *not* use a vwp again to enter usa, is that a permanent thing forever or just for a limited time as i overstayed my welcome, i didnt go over 180 days
VWP is 90 days 1 day over and its not an option for you again.
Poppy girl is offline  
Old Jul 4th 2008, 9:06 am
  #12  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by dordonian
... when you say i can *not* use a vwp again to enter usa, is that a permanent thing forever...
Yah... never again! It's a forever thing.

Ian
ian-mstm is offline  
Old Jul 4th 2008, 10:51 am
  #13  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,468
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: leaving with out re-entry permit

180 days and over means a ban. You can apply for a tourist visa.
Rete is offline  
Old Jul 4th 2008, 1:50 pm
  #14  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: leaving with out re-entry permit

Originally Posted by Rete
You can apply for a tourist visa.
He can apply... but he may have difficulty actually getting a visa. Even though he had started the adjustment process, from USCIS' POV, he overstayed the VWP (something he'll have to declare). Regardless of why he left the US, USCIS doesn't take kindly to folks who (from their POV) abuse the VWP.

Ian
ian-mstm is offline  
Old Jul 7th 2008, 10:34 am
  #15  
Just Joined
Thread Starter
 
Joined: Jul 2008
Posts: 4
dordonian is an unknown quantity at this point
Default Re: leaving with out re-entry permit

Originally Posted by ian-mstm
He can apply... but he may have difficulty actually getting a visa. Even though he had started the adjustment process, from USCIS' POV, he overstayed the VWP (something he'll have to declare). Regardless of why he left the US, USCIS doesn't take kindly to folks who (from their POV) abuse the VWP.

Ian
is the spouse visa that she would have to apply for the k-3 form?? my wife told me my work card came through the mail today aswell, sigh! would my wife or i have to inform the uscis of me leaving or would they know automatically??
dordonian is offline  


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.