Married to US citizen

Old Feb 28th 2021, 5:54 pm
  #1  
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Default Married to US citizen

Hi everyone!
I am a UK citizen married to a US citizen and recently gave birth to our daughter in London. My husband currently works in Scotland but comes back to London every weekend. (We've been married for over 2 years now).


I overstayed a tourist visa in the US in 2002 and volutarily left after graduating from High-school in 2005. I was banned for 10 years and since then have applied for a tourist visa twice which was rejected. (My last attempt was in 2019).

My husband and I are not interested in relocating to the US but it would be nice if my daughter and I could travel with him whenever he goes to visit.


Can someone point me to the best resource to walk me through the Process of applying for a visa please?

Does my case require a lawyer?

Many thanks!
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Old Feb 28th 2021, 6:52 pm
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Default Re: Married to US citizen

If you are only seeking nonimmigrant visas, there isn't a process other than just applying for a visa again. You don't have a ban anymore, so the only reason why you would have been denied was for failure to overcome the presumption of immigrant intent (INA 214(b)), which is the generic reason they use to deny nonimmigrant visas for anything they don't like about your history. This is not a ban, so there is no waiver. It is determined again each time you apply for a visa, and there is no way to overcome it except to apply again when the circumstances change.
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Old Feb 28th 2021, 7:06 pm
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Default Re: Married to US citizen

Do you mean you have applied for an ESTA twice and been rejected?
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Old Feb 28th 2021, 9:09 pm
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Default Re: Married to US citizen

Originally Posted by newacct
If you are only seeking nonimmigrant visas, there isn't a process other than just applying for a visa again. You don't have a ban anymore, so the only reason why you would have been denied was for failure to overcome the presumption of immigrant intent (INA 214(b)), which is the generic reason they use to deny nonimmigrant visas for anything they don't like about your history. This is not a ban, so there is no waiver. It is determined again each time you apply for a visa, and there is no way to overcome it except to apply again when the circumstances change.
Thanks for your response! Unfortunately I have never been given the opportunity to even state my case or show that I have strong ties to the UK during interviews. My interview lasts about 10 seconds lol.
I guess I will try to apply for a visa again this year.
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Old Feb 28th 2021, 9:12 pm
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Default Re: Married to US citizen

Originally Posted by SanDiegogirl
Do you mean you have applied for an ESTA twice and been rejected?
Thanks for your question.
When I try to apply for an ESTA, I'm prompted to book an interview at the embassy. Maybe my passport number is blacklisted.
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Old Feb 28th 2021, 9:16 pm
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Default Re: Married to US citizen

Originally Posted by Virtualrose
Thanks for your response! Unfortunately I have never been given the opportunity to even state my case or show that I have strong ties to the UK during interviews. My interview lasts about 10 seconds lol.
I guess I will try to apply for a visa again this year.
Just read your response to my earlier question. So have you actually applied for a B1/2 visa and at your interview been denied? It would not be just a case of having an interview to present your case..

You must have overstayed for many years. As you left just after high school presume you entered the country with your parents and they did not leave at end of tourist period.

If you were denied a B1/2 visa in 2019 it is unlikely you are going to be accepted after such a short time, unless your circumstances have changed considerably.

Last edited by SanDiegogirl; Feb 28th 2021 at 9:19 pm.
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Old Feb 28th 2021, 9:17 pm
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Default Re: Married to US citizen

Originally Posted by Virtualrose
Thanks for your response! Unfortunately I have never been given the opportunity to even state my case or show that I have strong ties to the UK during interviews. My interview lasts about 10 seconds lol.
I guess I will try to apply for a visa again this year.
Have you actually applied for a B visa and attended an interview, or have you just been rejected by ESTA?
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Old Feb 28th 2021, 9:41 pm
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Default Re: Married to US citizen

The OP stated that she has interviews, which means she applies for a B visa each time.

I agree with the others, your situation is not likely to change soon. Having a USC spouse actually works against you in this case.

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Old Mar 1st 2021, 3:21 pm
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Default Re: Married to US citizen

I echo the comments of my fellow posters above. A USC Husband and a USC Child, along with a previous overstay, means your chances of getting a tourist visa anytime in the next 8-10 years are probably remote.
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Old Mar 1st 2021, 10:17 pm
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Default Re: Married to US citizen

Thanks to everyone for your insights!
It's very unfortunate that I might never ever get the chance to visit the US again.

I even thought that I might have a chance if I engaged a lawyer but it looks as though it would be a waste of resources.
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Old Mar 1st 2021, 10:51 pm
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Default Re: Married to US citizen

Originally Posted by Virtualrose
Thanks to everyone for your insights!
It's very unfortunate that I might never ever get the chance to visit the US again.

I even thought that I might have a chance if I engaged a lawyer but it looks as though it would be a waste of resources.
Hmm. There is no harm in applying again. You have been eligible for an immigrant visa for some time now and have not sought to immigrate.

Perhaps an immigration lawyer can assist in preparation of the visa submission. If there is another denial, then the attorney may contact the consulate to discuss the matter and perhaps persuade a reversal.

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