TheMrs

Hi All, Thank you in advance for reading my somewhat long post. Okay, my husband USA citizen, me EU Citizen, got married in the USA while I was on an ESTA. I overstayed the ESTA by 110days. We exited the USA on my 110th to start our honeymoon. On exit, immigration stopped me and issued me with paperwork banning me from using ESTA for 10years because I overstayed.
Right now, we are in a slight confusion. We have the paperwork almost ready to go ahead and file the FI-130, we just need to make sure we have all the paperwork correct.
I have several questions, but before I ask, I should advise, my husband has returned to the USA after our honeymoon while I remain in europe until the necessary paperwork is sorted.
My questions:
- Since I have this 10 year ban for using the ESTA visa, is there any other way I can get back home to my husband instead of waiting for the lengthy process of my immigrant visa. (I do want to apply for my immigrant visa, I just see from other threads that couples have been separated for lengthy periods of time)
- After the FI-130 is approved, what are the next steps for us.
- Are there any help line numbers we can call to get free advice on what steps to take?
- I overstayed by 100 days and I am now banned for using ESA for ten years. I was under the impression that if I overstayed by 6 months I would be banned for 3 years, and if I overstayed by 1 year I would be banned for ten years. If I am wrong please correct me. Please note, I am not banned from entering the USA entirely, I am banned for using ESTA because I overstayed the allowance of 90 days. I do not want to risk applying for a B2 visa as I am not a tourist, I plan to live with my husband.
- Are there any other ways I can get to him sooner. I am stranded in Europe with no employment and my accommodation with a friend is running out soon as they have to move.
- also my passport is in my maiden name, I have not yet changed it to my married last name. When I get my new passport in my married name, can't apply for an ESTA or B2 visa and go back and then adjust my status. I'm a lil scared because they took my fingerprints on the day I exited the USA, so they might pick it up when I enter, again correct me if I am wrong.
Thank you for your help, I hope I have included all the information properly, I know it's a little babbled, but I need help please. I can't stand being away from my husband.

Noorah101

I think either he said it wrong, or you misundertood. When you overstay a VWP visit (as you did), even by 1 day, you can NEVER use the VWP again. Not just for 10 years, but NEVER. You do not have an actual ban from returning to the USA, though, because your overstay was less than 180 days.

I corrected your other thread, too. No "F" in this form name, it's just I-130.

Not "home" yet. USA won't be your home until you arrive in the USA using your immigrant visa. In the meantime, you cannot use the VWP to visit, so your only other option would be to apply for a B-2 visitor visa, which is likely to get denied because of two things: 1) you have immigrant intent; and 2) you have an overstay.

I-130. Check our Wiki Guide here: http://britishexpats.com/wiki/CR-1. This is specific to London, but it sounds like you might not be in the UK? That gives the general overview, anyway...you can look up the specifics at the US Embassy in your country. It would help us to know which country you'll be interviewing in.

No. If he needs help in the USA, he can try going to Catholic Charities, which has a division to help immigrants. In your country, I'm not sure where you'd go for free help. The US embassy is not the place to go.

You are correct. You're not banned from entering the USA completely, you're just banned from using the VWP forever. Not just 10 years, but forever.

Only if he's active military, or you qualify for a visa based on your own merits, such as student, work, or investment.

That's fine, you don't need to change your last name.

That's correct, you can't.

Don't be scared. When you enter the USA using your immigrant visa, you won't get denied entry because of the prior overstay. The immigrant visa overrides that problem.

Rene

rpjs

If you are barred from obtaining an ESTA, you will need a visa to visit the US. Possibly you could go to a US land border and seek entry under the VWP as an ESTA is not required for that, but I shouldn't think your chances of being admitted would be very high.

Once the I-130 (not FI-130) is approved you will receive a case number with the US Consulate that will process your immigrant visa application. The exact procedure may vary from consulate to consulate but in London, once you have the case number and the police certificate(s) from wherever you've lived since age 16 you can then book a medical. Once you've had that you notify the consulate that you are ready for interview (forms DS-230 and DS-2001) and the consulate will write to you with an interview date. if your interview goes OK you will receive an immigrant visa that will be valid until six months after your medical. See the entry about the CR-1 process on the BE wiki.

The US Embassy in the UK has a premium rate phone-line usually referred to on this forum as the "disinformation line". As you can guess, it is not highly regarded for the accuracy or usefulness of the information it provides. The quality of similar lines provided, if they are, by other US missions elsewhere may be better or worse.

If you had overstayed by more than six months or a year you would be banned from being admitted to the US at all for three or ten years. You would then need a waiver of the ban to be able to obtain an immigrant visa.

Your only option is to obtain a tourist visa and visit for up to the period your are admitted for, which would be no more than six months. Even if you do succeed in getting a visitor's visa and visiting your husband, you will need to maintain a mailing address in your home country for the US Consulate to contact you on once your husband's I-130 petition is approved

Do not do that. It would be considered misrepresentation at best, if not fraud, and could lead you to receiving a permanent ban from entering the US.

Noorah101

Chance of this should actually be zero. Once someone overstays a VWP visit, they can never use the VWP again. It has nothing to do with ESTA. It's all to do with the VWP, whether by air or by land.

Rene

TheMrs

Thank you again. You have been helpful. Believe it or not, I an actually have a decent nights sleep, because I know approximately where I stand now. Thank you so much.

lansbury

You need to realize this is a lengthy process. Time from filing the I-130 - then applying for your visa - to it being granted is around 10 months, maybe longer depending where you are. Expect to be outside the US for that length of time.

TheMrs

Thank you. Your information is helpful. Greatly appreciated

Michael

Although you may have about a 10 month wait to get your immigration visa, getting caught at the border could possibly have been the best outcome. If you didn't take the honeymoon overseas and overstayed 6 months before trying to adjust status and was denied, they isn't any appeal when entering on the visa waiver program and you would have likely been removed from the US and banned for at least 3 years and a waiver can be very difficult to get.

Therefore at least now you know that the 110 day overstay will likely not affect getting an immigration visa but other circumstances could have possibly created a significant roadblock joining your hubby in the near term.

So if you look at the bright side, a 10 month wait is not too bad compared to what might have happened.

customsquestion

What country do you live in? You say your EU, some countries americans can visit for a few months without a visa so it is possible your husband might be able to spend a good period of time with you during the many months to a year processing time for your green card.

Noorah101

Immigrant Visa.

Rene

customsquestion

So what's the difference between an immigrant visa and a green card?

rpjs

An immigrant visa allows a non-USC to enter the US to take up Lawful Permanent Residency. Once someone becomes an LPR, USCIS issues them a Permanent Resident Card, a.k.a. a "Green Card" which serves as evidence of their status as an LPR.

ian-mstm

A visa is a travel document, a green card is proof of status as a US permanent resident. You can't apply for a visa from inside the US, and you can't apply for a green card from outside the US.

Ian

jeffreyhy

More precisely, one can't apply to adjust status from outside the USA.

One cannot apply [directly] for a green card, except to replace one that they already have. As you wrote, the green card is evidence of PR status - the card is issued incident to status.

Regards, JEff