Kathy

This whole thing is making me so ill I don't know where to turn. Please can you help.
We are getting ready to start the fiance visa process and are beginning to get
together different things needed. My divorce is not quite done with yet and we know
we can't file till it
is.

I got the chance to go out to be with my guy in the States in December past. It was
spur of the minute and I had never been out of the UK in my life (I am in London
England). I was told that all I needed to do was get my plane ticket, fill out a
visa waiver program on the plane and that was it. I did just that and went through
the airport fine. I was given the full 3 months I asked for. As time went on, my
fiance wanted me to stay in the States with him and get married right away. We know
our lives are together and we love one another so much. My divorce was not done with
so we called an immigration lawyer and told him the situation with the visa waiver
and the divorce. This ws done by phone (we got nothing in writing). He said that I
should stay put and let the visa waiver go and that as soon as the divorce was done
with to go ahead and get married then come in and see him that it would be easily
sorted out. Things took a downward turn with my almost ex husband and I had to
return to England to sort things out once and for all. I ended up overstaying my
visa waiver by 6-7 weeks. I was not deported nor removed and no one said anything to
me when I checked in at the airport for my return to England. I merely handed my
passport etc over and boarded.

It was through these help forums that I have since found out that you cannot change
your status if on a visa waiver program, I didn't even know that when I was in the
States. I was a total virgin traveller!

We have been so so worried about this. I tried calling the INS in the states and even
tried calling them in Washington DC to try to find out if there would be something on
the computer system against me due to the overstay but I kept being told that no once
could run such a check on my passport for me.

I ended up emailing the London Consular offices and being truthful and asking them if
it would go against us in our fiance visa. They replied to me and said that a 180 day
overstay gives an immediate 3 year ban of re-entry but that although overstays are a
very serious thing they did not think it would cause problems for us.

I spoke today to a 'so called' friend in the States. This person caused so many
problems between my guy and me through lies and total made up stories. He told me
that he had been able to contact the Department of State through 'contacts' he
supposedly has. He said that he was told that there was a something against me on the
American computer system and said he was told that I would NEVER BE ALLOWED TO
RE-ENTER THE USA FOR ANY REASON EVER!!!! I told this person of the email from the
London Consular offices and he said that the email was from the London end but that
was what he was told at the American end that I could NEVER return and that I would
be turned back if i EVER tried to return for any reason.

I feel as though I am going to be sick right now. I just don't know where to turn any
more nor what to do.

Does any of what this guy said sound true or is it more lies? Have any of you
overstayed a visa waiver before and what happened about it?

Oh please please help this is so urgent it's beyond belief. The thought of never
being allowed to return makes life not worth living.

Is there any lawyers out there that would give a free answer to this? Anyone got any
help to offer?

This is URGENT

Thanks

Andy Platt

OK, you overstayed six-seven weeks. You'll need to get a visa to visit the US again
(e.g. you can never use the visa waiver) but if that's granted there won't be any
usual problems entering the US. If you are going to get married to "my guy" and he
files the paperwork (a I-129F) you can apply for a fiancee visa instead.

So, you really aren't screwed!

Andy.

--
I'm not really here - it's just your warped imagination. "kathy"
<[email protected]> wrote in message
news:[email protected]...
    > This whole thing is making me so ill I don't know where to turn. Please can you
    > help. We are getting ready to start the fiance visa process and are beginning to
    > get together different things needed. My divorce is not quite done with yet and we
    > know we can't file till it
    > is.
    >
    > I got the chance to go out to be with my guy in the States in December past. It was
    > spur of the minute and I had never been out of the UK in my life (I am in London
    > England). I was told that all I needed to do was get my plane ticket, fill out a
    > visa waiver program on the plane and that was it. I did just that and went through
    > the airport fine. I was given the full 3 months I asked for. As time went on, my
    > fiance wanted me to stay in the States with him and get married right away. We know
    > our lives are together and we love one another so much. My divorce was not done
    > with so we called an immigration lawyer and told him the situation with the visa
    > waiver and the divorce. This ws done by phone (we got nothing in writing). He said
    > that I should stay put and let the visa waiver go and that as soon as the divorce
    > was done with to go ahead and get married then come in and see him that it would be
    > easily sorted out. Things took a downward turn with my almost ex husband and I had
    > to return to England to sort things out once and for all. I ended up overstaying my
    > visa waiver by 6-7 weeks. I was not deported nor removed and no one said anything
    > to me when I checked in at the airport for my return to England. I merely handed my
    > passport etc over and boarded.
    >
    > It was through these help forums that I have since found out that you cannot change
    > your status if on a visa waiver program, I didn't even know that when I was in the
    > States. I was a total virgin traveller!
    >
    > We have been so so worried about this. I tried calling the INS in the states and
    > even tried calling them in Washington DC to try to find out if there would be
    > something on the computer system against me due to the overstay but I kept being
    > told that no once could run such a check on my passport for me.
    >
    > I ended up emailing the London Consular offices and being truthful and asking
    > them if it would go against us in our fiance visa. They replied to me and said
    > that a 180 day overstay gives an immediate 3 year ban of re-entry but that
    > although overstays are a very serious thing they did not think it would cause
    > problems for us.
    >
    > I spoke today to a 'so called' friend in the States. This person caused so many
    > problems between my guy and me through lies and total made up stories. He told me
    > that he had been able to contact the Department of State through 'contacts' he
    > supposedly has. He said that he was told that there was a something against me on
    > the American computer system and said he was told that I would NEVER BE ALLOWED TO
    > RE-ENTER THE USA FOR ANY REASON EVER!!!! I told this person of the email from the
    > London Consular offices and he said that the email was from the London end but that
    > was what he was told at the American end that I could NEVER return and that I would
    > be turned back if i EVER tried to return for any reason.
    >
    > I feel as though I am going to be sick right now. I just don't know where to turn
    > any more nor what to do.
    >
    > Does any of what this guy said sound true or is it more lies? Have any of you
    > overstayed a visa waiver before and what happened about it?
    >
    > Oh please please help this is so urgent it's beyond belief. The thought of never
    > being allowed to return makes life not worth living.
    >
    > Is there any lawyers out there that would give a free answer to this? Anyone got
    > any help to offer?
    >
    > This is URGENT
    >
    > Thanks

Mrtravel

kathy wrote:
    >
    > divorce was not done with so we called an immigration lawyer and told him the
    > situation with the visa waiver and the divorce.

Ouch, bad "free" advice He actually recommended an overstay. If you were married
already, I might say OK, but you were still in the divorce process with the
possibility of leaving before you got married in the US.

In any case, the overstay should not affect your ability to get a fiance visa.

Donna Maindraul

In article <[email protected]>, "Andy Platt" <[email protected]> wrote:

    > > He told me that he had been able to contact the Department of State through
    > > 'contacts' he supposedly has. He said that he was told that there was a something
    > > against me on the American computer system and said he was told that I would
    > > NEVER BE ALLOWED TO RE-ENTER THE USA FOR ANY REASON EVER!!!!

I find this difficult to believe.

Despite mandates to do so, the INS doesn't really keep track of all entries and
exits. I know people who LIVE in the US on the visa waiver program, leaving for a
week every 90 days, and they never notice.

I think your "friend" is just blowing smoke.

-Donna

Rete

In the words of Eliza Dolittle tell this so-called friend to

"Kiss My Bloomin' Arse!"

As Andy advised a ban does not kick in until you have overstayed 180 days ... that is six months. You should not use the visa waiver program again and should obtain a tourist visa from the US Consulate in London. However, since you are planning on doing a Fiancee Visa, this will not be a problem. Take the Consulate's advice. It is sound and you can bank on it.

Rete

Mrs_blackross

for the record, the lawyer was correct when he told you that you could have adjusted
from a visa waiver. though the law says you can't, the only exception is for the
spouse of a US citizen. if you had not gone back to England you would have been just
fine. not very smart of the lawyer to advise someone to intentionally overstay a
visa, though it would be legal providing you got married and adjusted status from
within the US. as for the American "friend", he is full of it and completely lying.
though you can't go back to the US on the visa waiver program ever, you CAN apply for
and receive a tourist visa at any time. Tell him to take his "contacts" and piss up a
rope. with friends like that, who needs enemies?

Your overstay is not really a problem, since you said you overstayed 6-7 weeks, that
is only around 50 days, so you would not be subject to the automatic ban.

once your divorce is final, go for the fiance visa, or have your man come to England
and marry you, then file for the K3. If he is able to come for an extended period
(i.e. have him become a resident, I forget the minimum amount of time it has to be),
you can get married there then DCF as a spouse, at which time you could enter the US
as a fully adjusted permanent resident within a couple months of filing. good luck.

--
Crazy Canuck married to a Dam Yankee Entered as Visitor 07/04/01 Married 08/25/01
Filed @ VSC-AOS, EAD, AP 01/07/02 1st NOA 02/06/02 2nd NOA 02/07/02 EAD approved
02/26/02 AP Approved 02/28/02 AOS appointment letter rec'd 03/07/02 Fingerprint
letter rec'd 03/07/02 AOS interview 04/02/02 AOS APPROVED 04/02/02!!! GC arrived in
mail 04/19/02 next step..removing conditions..April 2004

some helpful sites on the net:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.k1faq.com/faq_index.htm
http://www.geocities.com/immigration...-130/index.htm

"kathy" <[email protected]> wrote in message
news:[email protected]...
    > This whole thing is making me so ill I don't know where to turn. Please can you
    > help. We are getting ready to start the fiance visa process and are beginning to
    > get together different things needed. My divorce is not quite done with yet and we
    > know we can't file till it
    > is.
    >
    > I got the chance to go out to be with my guy in the States in December past. It was
    > spur of the minute and I had never been out of the UK in my life (I am in London
    > England). I was told that all I needed to do was get my plane ticket, fill out a
    > visa waiver program on the plane and that was it. I did just that and went through
    > the airport fine. I was given the full 3 months I asked for. As time went on, my
    > fiance wanted me to stay in the States with him and get married right away. We know
    > our lives are together and we love one another so much. My divorce was not done
    > with so we called an immigration lawyer and told him the situation with the visa
    > waiver and the divorce. This ws done by phone (we got nothing in writing). He said
    > that I should stay put and let the visa waiver go and that as soon as the divorce
    > was done with to go ahead and get married then come in and see him that it would be
    > easily sorted out. Things took a downward turn with my almost ex husband and I had
    > to return to England to sort things out once and for all. I ended up overstaying my
    > visa waiver by 6-7 weeks. I was not deported nor removed and no one said anything
    > to me when I checked in at the airport for my return to England. I merely handed my
    > passport etc over and boarded.
    >
    > It was through these help forums that I have since found out that you cannot change
    > your status if on a visa waiver program, I didn't even know that when I was in the
    > States. I was a total virgin traveller!
    >
    > We have been so so worried about this. I tried calling the INS in the states and
    > even tried calling them in Washington DC to try to find out if there would be
    > something on the computer system against me due to the overstay but I kept being
    > told that no once could run such a check on my passport for me.
    >
    > I ended up emailing the London Consular offices and being truthful and asking
    > them if it would go against us in our fiance visa. They replied to me and said
    > that a 180 day overstay gives an immediate 3 year ban of re-entry but that
    > although overstays are a very serious thing they did not think it would cause
    > problems for us.
    >
    > I spoke today to a 'so called' friend in the States. This person caused so many
    > problems between my guy and me through lies and total made up stories. He told me
    > that he had been able to contact the Department of State through 'contacts' he
    > supposedly has. He said that he was told that there was a something against me on
    > the American computer system and said he was told that I would NEVER BE ALLOWED TO
    > RE-ENTER THE USA FOR ANY REASON EVER!!!! I told this person of the email from the
    > London Consular offices and he said that the email was from the London end but that
    > was what he was told at the American end that I could NEVER return and that I would
    > be turned back if i EVER tried to return for any reason.
    >
    > I feel as though I am going to be sick right now. I just don't know where to turn
    > any more nor what to do.
    >
    > Does any of what this guy said sound true or is it more lies? Have any of you
    > overstayed a visa waiver before and what happened about it?
    >
    > Oh please please help this is so urgent it's beyond belief. The thought of never
    > being allowed to return makes life not worth living.
    >
    > Is there any lawyers out there that would give a free answer to this? Anyone got
    > any help to offer?
    >
    > This is URGENT
    >
    > Thanks

Alvena Ferreira

kathy wrote:
    > I spoke today to a 'so called' friend in the States. This person caused so many
    > problems between my guy and me through lies and total made up stories. He told me
    > that he had been able to contact the Department of State through 'contacts' he
    > supposedly has. He said that he was told that there was a something against me on
    > the American computer system and said he was told that I would NEVER BE ALLOWED TO
    > RE-ENTER THE USA FOR ANY REASON EVER!!!! I told this person of the email from the
    > London Consular offices and he said that the email was from the London end but that
    > was what he was told at the American end that I could NEVER return and that I would
    > be turned back if i EVER tried to return for any reason. I feel as though I am
    > going to be sick right now. I just don't know where to turn any more nor what to
    > do. Does any of what this guy said sound true or is it more lies? Have any of you
    > overstayed a visa waiver before and what happened about it? Oh please please help
    > this is so urgent it's beyond belief. The thought of never being allowed to return
    > makes life not worth living.
    >
1. You are not subject to a ban from the US until your overstay is 180 days
(consecutive). So you are not subject to a ban.
2. The "friend" obviously "isn't a friend." He is blowing smoke, to try to disrupt
your relationship. Tell him to go get screwed and ignore whatever else he says.
The less you talk to him, the better.
3. You are still eligible for a fiance visa. See this URL from the immigration law
regarding the 180-day rule: http://www.ins.usdoj.gov/lpBin/lpext.dll/inserts/sl-
b/slb-1/slb-21/slb-1891?f=templates&fn=document-frame.htm#slb-act212 Pan down
to: "(B) 13/ ALIENS UNLAWFULLY PRESENT" (this will be closer to the bottom of
the page.)

From the US State Department (which is where the consulate gets its directives):
http://www.foia.state.gov/masterdocs/09fam/0940092N.pdf The above pdf file explains
unlawful presence and how it may affect one getting a visa. It is consistent with the
first link to the INS law in the previous paragraph.

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================