jamessss115

I was wondering if somebody could perhaps give me some constructive advice regarding my chances for a non-immigrant visa and the simplest way for me to get back to the US.

Please bear with me, as my situation is a little involved.

I ama UK citizen & currently in the UK having lived in the US for roughly 6 years on various visas and the Visa Waiver Pilot program(s). It is true that I have established ties there and feel in many respects that my life is on hold while I am here in the UK. It is obviously nice seeing family and friends but there is no question that I feel like a fish out of water here and im not happy.
My objective is to return to the US and commence classes at a college which i have already put into place for a course start date of 11 Jan 2010.

Since returning from California to the UK on 17 Oct, I feel I have made a series of bad decisions and I am very worried that I may have put into jeopardy my goal of returning to the US.

I recently attended a Non-Immigrant visa interview about two weeks after I had returned from CA. Not fully understanding the rules of immigration law, I mentioned to the consular officer during my interview that I have a girlfriend in the US and that I had remained in the country for the entire time on my previous 4 M1 visas in my passport.

(NB. This is not even the case. I have made frequent visits back and forth while on various visas to spend time with my family/holidays (Xmas etc). In addition, there are two visas which I didn't even use and one which only lasted for 3 months).
I furnished him with no supporting documentation proving my ties here. He subsequently issued me a 214(b) visa denial which came as a shock to me as there has never been a problem in the past.

Approximately two weeks later (very recently), I booked a ticket with the intention of flying out to Montana for a Pilot Seminar. I wanted to keep my options my open work wise and while I had some free time, taking advantage of a possible employment opportunity through sponsorship of a company.
Before departing, (I had previously filed ESTA at beginning of the year) I did not update my ESTA form online to reflect that I had received a visa denial. On arriving into my first point of US entry, the lady at customs and border control was staring at the screen for a few minutes indicating that a notation may have been made against my file. She sent me to secondary screening.

When the officer asked me if I have been refused a visa, I told him that I hadn't which I am aware was very foolish. Within 10mins, they had pulled up my info. which documented that I had. Nothing more was said about that until hours later when I was called in for a sworn statement in administrative proceedings. I have a copy of this in which I answered truthfully as to why I falsely declared on the VWP that I have never been refused a visa. I told them that I nervous and wasn't fully aware of US immigration laws.

It is also documented on this form how I have overstayed by almost 3 months on a prior VWP from end of Dec 2008 to beginning of June 2009. I was refused entry and promptly sent home for breaking terms of the VWP.

So to summarise, I have been refused a non-immigrant visa, falsely declared the denial on the VWPP and overstayed on a previous VWP.
Nowhere on any document does it mention a ban or suspension from entering. My passport has the words 8CFR 217.4a1 written in it with a few more codes and a date.

Quite frankly, I am very worried and can't focus on anything else. I feel very much as if I have contributed to my own downfall and in terms of applying for another visa, I feel that my application would fail quite spectacularly and for a number of reasons.

I have a girlfriend in the US who wants to help me with my problems. We are quite serious but I am reluctant to making any commitment to her under these circumstances and dont even know if it is possible.

Am I charged with fraud?
The officer and customs and border control told me that I could only enter the US from now on by applying for a visa. I am barred from VWP use.

Question. Providing I can establish social and economic ties to the UK, can anybody advise me on the simplest way back into the US and whether a non-immigrant application be it a F1 or K visa is possible given my refusal of entry/overstaying issue and falsifying a VWP form?

I would be very grateful for some helpful advice as opposed to comments on how I am screwed.

Thank you very much.

Noorah101

Did you indeed overstay the VWP at any point? If so, you were not, and are not, allowed to use the VWP again after that. From now on, if you want to visit the USA, you'll need a B tourist visa and strong ties to the UK.

I don't know about the F-1, but your previous VWP overstay of 3 months, and your tourist visa denial will not harm your chances of a K-1 fiance visa being issued. But if you're not willing to have a serious marriage and you're not willing to commit to marrying her within 90 days of your arrival on the K-1 and have a bona fide marriage thereafter, then don't go down that route.

Best Wishes,
Rene

jamessss115

Hi Rene

Thanks for your response. Yes, I overstayed on a VWP by about two and a half months. On that basis, I got bounced at Boston.

It appears from your post that the path of least resistance for me to get back into the US would be via a K (fiance) visa as it wouldn't reflect my previous overstay or my F1 Visa refusal at the London Consulate... -

Are you sure that they wouldn't scrutinize these records on my K1 interview at the embassy as they show past history of my activity in and out of the country..??

I have never applied for a 'tourist' visa so i'm assuming this is your point.

Thanks for your help!

Noorah101

You will have to declare your F1 visa refusal and your previous VWP overstay, but those should not hinder your chances of obtaining the K-1 visa.

Rene

meauxna

hi there,
I'm not sure I see your rationale for the bolded part.. this is all part of your immigration record now and will always be taken into account.

The benefit to a K visa is that they *know* you will be immigrating with that visa.
You'd better believe all that activity will be scrutinized.

If you need a waiver of your inadmissibility, a K visa makes you eligible for one where you might not otherwise be eligible to apply for one.

henryh

IMHO: K1 visa is your best bet. Consulting an AILA-accredited lawyer might also be a good idea due to your complicated history.

In broad terms: When you apply for a visa or apply for entry at the border on the VWP, DHS are trying to determine (1) whether you are legally eligible to enter the US under the visa status that you are applying for, and (2) whether you are likely to comply with the terms of that status once you are in the US. In making that decision they consider both your current circumstances and your history.

If you were to apply for a tourist visa (B-2) or a student visa (F-1 or M-1), your history and lack of ties to the UK would weigh heavily against you for the second of those criteria. If you apply for a K-1 fiance visa, they *expect* you to live in the US, so there is no problem on the second criterion.

However, you might still have a problem with the first criterion if you are "inadmissible" due to previous misrepresentations. Post all the codes written in your passport and maybe we can get a better idea of that. This is the part where a good lawyer earns her pay.

BritishGuy36

Contributed to your own downfall? Who else is involved?

You have made a series of very bad decisions, there's no doubt about that. You've messed with the US government and they've now messed with you.

Your only realistic way back into the USA is now to marry your girlfriend.

meauxna

What about her commitment to you?

Rhetorical question here: Would she move to the UK to be with you to continue your relationship, if you returning to the US were a no-go?


(the penalties for marriage immigration fraud extend to the USC and the alien)

jamessss115

Thank you for your responses.

It appears from what has been documented that getting married via a K-1 would be the simplest and perhaps my only option pending whether or not I am inadmissable.

I have a strong relationship with this woman (and we have spoken about relocation) but I can't honestly say that I am ready for marriage necessarily and am very well aware of the penalties for marriage fraud. I have ties to the US currently including a car and property and I have never really considered entertaining another option in terms of location.

In terms of what is written in my passport. In hand written ink, the following:
8CFR 217.4a.1 Aa8243485 11-04-09 BOS 1168 2H

I have conducted some research on this and believe it states that I am ineligible for further VWP use.. the rest just seems to be code.

I take the comments onboard made by the 'Super Mod' and 'Henryh' concerning less ambiguity regarding my intention to reside in the US with a K-Visa.

I would just be concerned as to whether my recent history of overstaying, the previous denial and ticking the wrong box on a VWP is going to screw up any chance of proceeding with a K-Visa at the embassy.

For my final miracle, I just would be interested in knowing whether there is any other way of me being approved for a non-immigrant visa without necessarily going through a marriage.

crg

Did they write anything anywhere about 6C1 or 212(a)(6)(C)(i) ?

Ray

I see three problems ..you overstay ...

but worse ~your denial changed the game

the length of time you have spent in the US

meauxna

You'll get a lot further with info and research here if you don't try to whitewash things too much. You also made a verbal statement/declaration, you didn't just accidentally 'tick the wrong box'.

jamessss115

Whitewashing?? - As in covering up a misdemeanor, fault or error?

With respect, you have gotta be kidding me. I have been as brutally honest with this issue as I can be in an attempt to accumulate some advice.

Regarding 6C1 or 212(a)(6)(C)(i) No such thing was documented. Is this a good thing?

crg

That's a good thing. That's what they notate when you've been nailed for immigration fraud.

ian-mstm

My crystal ball is a little fuzzy today, but my gut feeling is that even though you must disclose these events, they will not screw up your chances of a K-1 visa.

Ian