B2 visa following ESTA overstay

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Old Dec 11th 2010, 1:22 pm
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Default Re: B2 visa following ESTA overstay

Originally Posted by Marocco
You would have the same problems. Among the other things fatbrit mentioned, how would you support yourself while in the US?
Pledge from a sponsor (e.g. parents)?
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Old Dec 11th 2010, 1:27 pm
  #17  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Marocco
None of these issues would matter, however, if you decided to marry your fiancee and move to the US.
Well this is our plan. We were going to marry on my next visit and file a I-130 with a view to me obtaining a CR1 visa.

If she were to come here and we marry in the UK, would it be easier to get a B2 visa during the 6 month (or so) CR1 processing period?
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Old Dec 11th 2010, 1:34 pm
  #18  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Mav42
Well this is our plan. We were going to marry on my next visit and file a I-130 with a view to me obtaining a CR1 visa.

If she were to come here and we marry in the UK, would it be easier to get a B2 visa during the 6 month (or so) CR1 processing period?
She'll need a visa to marry you in the UK. Possible exception is a CoE wedding -- no idea whether that still works now.

I doubt it will have any beneficial affect on a B2 application. However, it will allow you to start the clock on a CR1.
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Old Dec 11th 2010, 1:36 pm
  #19  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Mav42
Well this is our plan. We were going to marry on my next visit and file a I-130 with a view to me obtaining a CR1 visa.

If she were to come here and we marry in the UK, would it be easier to get a B2 visa during the 6 month (or so) CR1 processing period?
Marrying usually makes it harder to get a B-2. Get married in the UK. Get the CR1.

You wrote: "I've a sheet of paper verifying that I was ok to enter."

What paper did they give you and what did it say? Where did this happen? Did you receive a parole stamp in your passport? Did you receive an I-193 waiver?
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Old Dec 11th 2010, 1:38 pm
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Default Re: B2 visa following ESTA overstay

Originally Posted by crg
Marrying usually makes it harder to get a B-2. Get married in the UK. Get the CR1.

You wrote: "I've a sheet of paper verifying that I was ok to enter."

What paper did they give you and what did it say? Where did this happen? Did you receive a parole stamp in your passport? Did you receive an I-193 waiver?
The form says "Application for Waiver of Passport and/or Visa". The card in my passport was an I-94, the stamp said "Class B2; Until Dec 29".
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Old Dec 11th 2010, 1:40 pm
  #21  
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Default Re: B2 visa following ESTA overstay

Originally Posted by fatbrit
She'll need a visa to marry you in the UK. Possible exception is a CoE wedding -- no idea whether that still works now.
Thanks. That shouldn't be a problem, it's just me with the visa issues.

'King hell, 4 days in the summer to help her get settled at Uni and I forfeit almost everything. I feel like an idiot.
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Old Dec 11th 2010, 1:43 pm
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Default Re: B2 visa following ESTA overstay

Originally Posted by Marocco
You would have the same problems. Among the other things fatbrit mentioned, how would you support yourself while in the US?
Say I didn't work, and her parents filed an I-134 on my behalf?

Would things look a bit better?
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Old Dec 11th 2010, 1:45 pm
  #23  
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Default Re: B2 visa following ESTA overstay

Originally Posted by fatbrit
She'll need a visa to marry you in the UK. Possible exception is a CoE wedding -- no idea whether that still works now.
They could take a trip to Jersey and get married there.
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Old Dec 11th 2010, 1:46 pm
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Default Re: B2 visa following ESTA overstay

Wait - could we not get married if she's on a UK visitor's visa?
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Old Dec 11th 2010, 1:49 pm
  #25  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Mav42
Wait - could we not get married if she's on a UK visitor's visa?
Needs a special visa. But they're quick and not particularly difficult to get.
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Old Dec 11th 2010, 1:51 pm
  #26  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Mav42
The form says "Application for Waiver of Passport and/or Visa". The card in my passport was an I-94, the stamp said "Class B2; Until Dec 29".
So you didn't overstay?
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Old Dec 11th 2010, 1:52 pm
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Default Re: B2 visa following ESTA overstay

Thanks. Jersey might not be too difficult either.
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Old Dec 11th 2010, 1:53 pm
  #28  
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Default Re: B2 visa following ESTA overstay

Originally Posted by fatbrit
So you didn't overstay?
See post # 8.
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Old Dec 11th 2010, 1:55 pm
  #29  
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Default Re: B2 visa following ESTA overstay

Originally Posted by fatbrit
So you didn't overstay?
I overstayed in the summer (June 4 - Sept 6).

I returned to the US on Sept 30th, assuming to be allowed back under the VWP. They took me to immigration and told me that I'd overstayed and thus my ESTA application was invalid, but after explaining my reasons for travel and my ability to support myself (online job), the officer gave me the 90 day waiver and allowed me entry.

(Really wish I hadn't left, tbh, and we'd got married over there).

Last edited by Mav42; Dec 11th 2010 at 1:57 pm.
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Old Dec 11th 2010, 1:56 pm
  #30  
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Default Re: B2 visa following ESTA overstay

Originally Posted by Jerseygirl
See post # 8.
I did.

He thinks he arrived on a VWP.

However, it seems he was admitted as a B2 until Dec 29.

Although I ain't sure. And it's pretty irrelevant anyway since his card is obviously marked and he will not be visiting the US as a tourist again..
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