nesa

Hi Everyone

I am a British citizen married to a US citizen, currently active duty. We have a 6 month old daughter who is a US citizen as well

I want to move permanently to the US but I heard the spouse visa will take up to 9months and in the meantime I cannot visit. We don't want to be apart for so long, especially as (hopefully not) he might get deployed and then I wont see him for years if I have to wait a year to go there

What is the best visa to apply for?

I have overstayed one VWP by 2 months and I would like to know how badly will this affect me

my husband will graduate basic training in a months time and I cannot even go as a visitor because I overstayed. Also as he is in basic training he cannot file for me to join him, so can I file the forms in his name?

I know there is a visa that will help me enter US sooner than waiting for permanent residency, but even that will take 6+ months which we cannot afford

I also heard that there is an expedited service for military personnel, is this true?

what is the quickest way for me to enter US so I can see my husband. Thank you

p.s. if I buy a ticket and try to enter on VWP again, is there a possibility for them to allow me to enter?

Noorah101

Why can't you visit? Unless you yourself have some reason why you can't, you should know that you ARE allowed to visit the USA while you have an Immigrant Visa process going on.

Look into getting the paperwork expedited. I believe they can do this for active military personnel.

There is only one visa you can apply for. It's called an Immigrant Visa.

Aha, so that's why you can't visit while waiting. I understand now. Your prior overstay will not affect your Immigrant Visa process, because you didn't overstay long enough to incur a ban.

Correct.

Which one is that? I am not aware of such a visa. If you are talking about a K-3, that visa no longer serves that purpose...the Immigrant Visa process is quicker now.

Possibly, yes.

Have your husband file an I-130 and ask that it be expedited because he is active duty military. He should include proof of such with the petition. When it gets approved and moves to NVC, he should contact NVC with the same request and proof. When the case moves to the embassy, you do the same. This will be the quickest way for you to get permission to enter the USA.

I am not going to answer this, because you already know this is the wrong thing to do. You've already stated (correctly) that once you overstay the VWP, you can never use it again. So this question is not relevent to your situation.

Rene

sir_eccles

Similar thread a while back:

http://britishexpats.com/forum/showthread.php?t=762827

ian-mstm

Some of what you've written here does not conform with what you wrote a few years ago. For example, if your (then) fiance was joining the Air Force in March 2008, how is it that almost 5 years later he is just now in basic training? I'm sorry that you and your husband may be separated for a long time - that certainly is not uncommon for international relationships... but had you not overstayed the VWP you would not now find yourself unable to travel.


Of course not... no one does.


There is only one visa that's appropriate - an immigrant visa.


It won't affect an immigrant visa, but you can never use the VWP again.


Realistically? Get an immigrant visa. You might try for a B-2 visitor visa, but you have several strikes against you already: 1) a USC husband; 2) a USC daughter; and 3) demonstrated disregard for US immigration rules.


No... and if you make the attempt, you might end up with a lifetime ban from the US. That'd put a damper on your future plans pretty quickly!

Ian

nesa

Thank you so much Noorah for this advise and also sir_eccles for the link. I will try to call tomorrow

Ian, my husband moved to UK 5years ago and didn't join the Airforce then. Now he has joined the Army

civilservant

If he lived in the UK it would have made far more sense to file the I-130 at that point. Now you have the single choice of waiting it out. I believe they can be expedited for serving personnel, best to do so some research on that.