crissy33nicole

hi all, my british boyfriend overstayed his holiday visa by about a month. i wont get into why he did it but it was necessary.
but he came back home and hasnt been back to america for over 2 years. he never tried to get back in but we knew he would be barred.
but since its been so long will he be allowed back into the country for xmas vacation?

we applied for the ESTA authorization thingy.. and he was approved but when you fill that out it says it doesnt mean he will definitely be allowed in.
please help me!! im not sure who to contact to ask if he can come in or not.

thank u in advance!!

Michael

He has never been banned from the US since he did not overstay by more than 180 days but he can never use the vwp again but will have to apply for a B2 visitors visa.

Now comes the problem. Since he has overstayed, he will likely be considered unreliable and have a difficult time convincing immigration that he won't do it again making it difficult to get approved for the B2 visa.

crg

Even with an approved ESTA, a prior Visa Waiver Program overstay is not eligible to use the VWP ever again and is required to have a visa for all future travel.

crissy33nicole

ok thanks so much for the quick responds!! n thats what i thought. would u apply for that at the american embassy or the british embassy? and do u think overstaying...could also make fiance visa difficult to get (which we plan to apply for eventually)

GeoffM

American Embassy in London, assuming he's applying from the UK. You'd struggle to find a British Embassy in the UK!

thephionex

A+ response

crg

You may want to go straight for the fiance visa. It may be easier to get than a tourist visa.

Noorah101

US Embassy. Chances are high that the B-2 will be denied, so don't get your hopes up, and don't make plans that can't be changed until he has his visa in hand.

No. The prior overstay will not affect a K-1 visa process.

Rene

Noorah101

+1

Rene

crissy33nicole

thanks so much guys! now i would have to apply for the fiance visa in USA right? and he has to apply for it this end also (in UK)... is that how it works?

big thank u in advance!!!

Noorah101

For questions on the K-1 visa and immigrating to the USA visa a USC fiance / spouse, please post over in the US Marriage-Based Immigration Forum: http://britishexpats.com/forum/forumdisplay.php?f=35

See this link for K-1 details to get started: http://britishexpats.com/wiki/K1

Rene

Duncan Roberts

You should get into it since it may have a very big impact on getting a tourist visa. Having said that, in all the posts I've read on here where somebody has posted that they overstayed because it was necessary, none have actually been necessary, they have all been a personal want.

dbj1000

How very presumptuous of you! I mean his leg could have fallen off!

crg

In his defense, he just said that every other incidence reported here hasn't really been based on a necessity. He didn't actually say that theirs wasn't.

I doubt his leg fell off, a court appearance of some kind is much more likely.

md95065

In fairness I do think that there was one case in which someone gave birth prematurely and they and the baby were stuck in hospital for several weeks which took the mother over her 90 days - that certainly sounded like necessity to me ...