Mav42

I'm not sure either. All I can quote is what's on my card.

From what I understand it's a waiver, he told me this when he gave it to me.

crg

It sounds like they did a VWP refusal, but then let you in on a Form I-193 waiver of the visa requirement. The thing that probably saved you was that the overstay was so short. That seems to be more common for short overstays and when the person is honest about the violation. Sometimes they will parole the person in.


The Form I-134 wouldn't help for a B-2. That thing is barely enforceable for immigrants, let alone nonimmigrants.

fatbrit

Makes sense now!

Go with the CR1 or K1 route (depending on where you marry). You made a mistake and that'll mean some time apart. But it's not the end of the world.

ian-mstm

With respect, it's your own fault.

Ian

Mav42

Agreed.

Perfectly acceptable to be honest about the grief is caused though, right?

Maybe even advisable. Deters others from the same mistake.

Noorah101

Mav,

I don't quite understand why you're even looking at getting a B2 to visit the USA right now. You are obviously ready to marry and immigrate to the USA...you don't actually want to go as a visitor anymore. The B2 will be difficult to get, but you can try...all you lose is the filing fee. You can't use the VWP anymore anyway because of the overstay. So...if you REALLY want to visit (or go to the USA in order to marry her so you can start the CR-1 Immigrant Visa process), then try for a B2. Just go into it knowing the odds are against you....you're not retired, you have a USC girlfriend that you intend to marry, you overstayed previously, you have an online job that can be done anywhere in the world. You'll need to bring proof that you do NOT intend to immigrate to the USA by way of your B2 visa...which means showing ties to the UK. You need proof that you MUST be back in the UK by a certain date (in the not-to-distant future!).

Then, if or when the B2 is denied, your choices are more clear. Either she gets the appropriate visa to come to the UK to marry you, and you do the CR-1 Immigrant Visa after that, or you just do a K-1 fiance visa to the USA right now.

She can visit you in the UK while either visa process is going on.

Yes, it sucks to have to spend some time apart, but it's not the end of the world. My fiance and I spent 14 months apart while waiting for his K-1 visa to process. That was back in 2003, and we survived. Your process should only take around 6 - 10 months (depending on whether you go with Immigrant Visa or K-1), so in my opinion, not a long separation at all, especially if she can come visit you while waiting.

Rene

Mav42

Thanks, that's really helpful.

As I understand, the K-1 is quite a bit more expensive (an extra $1,000 AOS fee, if my comprehension skills serve me well?) compared with the CR1, and more or less the same time frame, unless you're unable to marry in the near future.

I think what we'll do is have her visit me in January on a fiance visa (or on a visitor's, and go to Jersey), marry, and then put in for an I-130, hopefully ushering me into permanent residence status in time for the summer and her graduation.

Please do pick holes in that if there are any.

Just as an aside - and I doubt I'll do this - would they be likely to grant me a B2 for a week or so if I declared my intention was to come over to get married? Or I wonder if this would hinder things further.

And 14 months! Well that certainly puts our situation into perspective. Glad it worked out for you both. Did Skype even exist in 2003?

Thanks again.

Noorah101

Fee-wise, the K-1 is more expensive, yes. But the advantage is that it can be started immediately without having to see each other again. Also, with the CR-1 visa, you have to factor in the cost of her traveling to the UK and the cost of her visa to the UK, which could come up to the $1,000 extra you'd pay for the K-1 visa anyway. It's really your choice. The CR-1 is "better" in that you become a US PR right away, will full rights to live and work in the USA from Day 1 (no adjustment of status or applying for work authorization as with the K-1).

If she gets the visa to marry you in the UK in January and files the I-130 right away, you MIGHT have your CR-1 Immigrant Visa by late summer, early fall 2011 (typical timeline is 8 to 10 months for processing). Of course nothing is set in stone, and yours could be shorter or longer.

I don't think it's a good idea for her to come to the UK as a visitor and then try to find a way to get married...I imagine it takes longer that way, you need to wait for certain approvals, etc. If she knows she's coming with the intent to marry, just get the proper visa from the start, and save time.

There's no way to predict, but my guess is that it would hinder things. But I think your chance of a B-2 is pretty low anyway, and you have to be honest if they ask you at the interview about your intent...so you can certainly give it a shot.

LOL, I don't know if Skype existed back then, but even if it did, my fiance was (and still is) completely computer illiterate. We kept in touch the whole time by regular phone....no chats, no emails, no webcams, no skype. He got his K-1 in 2004, and he became a USC in 2009, so all turned out very well.

Rene

Noorah101

Here is a comparison chart of the two visas: http://britishexpats.com/wiki/Compar...ge-based_visas

If you have any further questions about those, you should post them in the US Marriage Based Visa forum: http://britishexpats.com/forum/forum...f=35&styleid=6

Rene

Mav42

Will do, and thanks again.

Quite an eye-opening few hours - had to learn some harsh truths, but feel ready to roll my sleeves up now and get the official process underway

meauxna

I'm not sure you have calculated the costs correctly, but as with most things, your choices are between more time, or more money.
You should carefully recalculate that assumption about the $1000.

That is not realistic. Or consistent with your money saving from the previous paragraph.

Truthfully? No, they would not be likely to grant you a B-2 visa for that purpose or under your circumstances.
You can return to the US with a K or immigrant visa.