Minor Overstaying VWP
#18
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Thread Starter
Joined: May 2010
Posts: 51
Re: Minor Overstaying VWP
Perhaps you could use your time by actually answering posters questions rather than passing sarcastic judgement, or can you not help yourself?
#20
Return of bouncing girl!
Joined: Sep 2004
Location: The Fourth Reich
Posts: 4,931
Re: Minor Overstaying VWP
I'd have thought it would be less of a pain in the backside to just take them to the UK than to deny them the VWP privilege for the rest of their lives...
#21
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Joined: Apr 2008
Posts: 53
Re: Minor Overstaying VWP
Have you called the Embassy and asked the requirements for young children? You will be pretty sick if you leave them and then discover that they should be in the UK with you. If you don't want to call, then an email doesn't cost anything. I really think it is a big risk to do this without clarifying the position first! As far as I know, the passports should be in the same country as the owner.
#22
Re: Minor Overstaying VWP
I am leaving my kids in the US when I return for the L1 interview. During that time they will overstay their VWP. When I return they will have the L2 in their passports and we will take a trip to the bahamas.
Was wondering if there were any other repercussions other than not being allowed to use VWP
Was wondering if there were any other repercussions other than not being allowed to use VWP
#23
Re: Minor Overstaying VWP
What if your visa is delayed?
How will the children leave the US, their passports will be in London at the US Embassy.
http://london.usembassy.gov/nonimmig...interview.html
Processing Times
The average visa processing time for successful applicants is five business days, (the period is five to ten business days for petition based applicants - O, P, H, L, Q-1 and R) during which time the applicant's passport must remain with the Embassy. Once processed your visa and passport will be handed to the courier company, DX Secure for delivery. Applicants who are advised at the visa interview that their application requires additional processing should allow approximately 90 days for their application to be processed. However, in some cases, processing can extend to six months or longer.
How will the children leave the US, their passports will be in London at the US Embassy.
http://london.usembassy.gov/nonimmig...interview.html
Processing Times
The average visa processing time for successful applicants is five business days, (the period is five to ten business days for petition based applicants - O, P, H, L, Q-1 and R) during which time the applicant's passport must remain with the Embassy. Once processed your visa and passport will be handed to the courier company, DX Secure for delivery. Applicants who are advised at the visa interview that their application requires additional processing should allow approximately 90 days for their application to be processed. However, in some cases, processing can extend to six months or longer.
#24
Re: Minor Overstaying VWP
Fine, the flight time is one excuse. What is your chapazz reason for not being willing to spend a hundred bucks or two to get an attorney's answer to this?
I have a feeling your attorney (if you have one) told you no but you are still trying to make this happen without regard for the consequences because you're convinced we're a bunch of old ladies.
Why don't you let ME moderate the forum and you try to keep your children & self out of immigration trouble, deal?
#25
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Joined: May 2010
Posts: 51
Re: Minor Overstaying VWP
Your persistent desire to make this group endorse your plan (which doesn't sound right to any of our untrained ears) is getting seriously annoying.
Fine, the flight time is one excuse. What is your chapazz reason for not being willing to spend a hundred bucks or two to get an attorney's answer to this?
I have a feeling your attorney (if you have one) told you no but you are still trying to make this happen without regard for the consequences because you're convinced we're a bunch of old ladies.
Why don't you let ME moderate the forum and you try to keep your children & self out of immigration trouble, deal?
Fine, the flight time is one excuse. What is your chapazz reason for not being willing to spend a hundred bucks or two to get an attorney's answer to this?
I have a feeling your attorney (if you have one) told you no but you are still trying to make this happen without regard for the consequences because you're convinced we're a bunch of old ladies.
Why don't you let ME moderate the forum and you try to keep your children & self out of immigration trouble, deal?
The embassy I shall be attending is in Switzerland. Children do not have to attend interview. Processing time is 2 days. Passports can be collected from the embassy, rather than posted.
All of these questions (and more) have been answered by my attorney whose final bill I'm sure will be nearly $10,000. I don't actually know what "chapazz" means, but I'm pretty sure it doesn't apply in my case.
#26
Re: Minor Overstaying VWP
i think the kind of visa you are going for typically gives 1 year. And renewals can be hard. if you dont get the renewal - and have to leave then the kids status will be stuffed for ever. So when they are adults they wont be able to go on holiday to disneyland with their kids without a lot of hassle. Is it REALLY that much hassle for YOU?
and for the record - i took my 11 month old and 3 year old from UK to US on a 1 week househunting trip and returned to the uk and then we all flew back again 4 weeks later with the granted visa - so I am well aware about long flights with kids.
and you are aware you will have to show the ds156 at the interview and this asks you to list all dates in the US - can you really explain away the past almost 90 days as NOT working???? to the satisfaction of a jaded embassy official?
and for the record - i took my 11 month old and 3 year old from UK to US on a 1 week househunting trip and returned to the uk and then we all flew back again 4 weeks later with the granted visa - so I am well aware about long flights with kids.
and you are aware you will have to show the ds156 at the interview and this asks you to list all dates in the US - can you really explain away the past almost 90 days as NOT working???? to the satisfaction of a jaded embassy official?
#27
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Joined: Apr 2008
Posts: 53
Re: Minor Overstaying VWP
I have just checked the USCIS website and it specifically says that if any family members of visa applicants are already in the US, they MUST file for adjustment of status(form I529?) and pay the appropriate fee. I'm not even sure if this is possible given that they are on VWP, but that is the instruction, which would lead me to think that the proposed plan is not viable.
#28
Account Closed
Joined: Mar 2004
Posts: 2
Re: Minor Overstaying VWP
I have just checked the USCIS website and it specifically says that if any family members of visa applicants are already in the US, they MUST file for adjustment of status(form I529?) and pay the appropriate fee. I'm not even sure if this is possible given that they are on VWP, but that is the instruction, which would lead me to think that the proposed plan is not viable.
#29
Return of bouncing girl!
Joined: Sep 2004
Location: The Fourth Reich
Posts: 4,931
Re: Minor Overstaying VWP
I'm assuming that, since you decided to come to an online forum for advice rather than trusting the advice you received from this attorney, you didn't hear what you wanted to hear...
#30
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Thread Starter
Joined: May 2010
Posts: 51
Re: Minor Overstaying VWP
If you have professional advice from an attorney, wouldn't s/he have been able to tell you all about the long term consequences for your children after their forced VWP overstay?
I'm assuming that, since you decided to come to an online forum for advice rather than trusting the advice you received from this attorney, you didn't hear what you wanted to hear...
I'm assuming that, since you decided to come to an online forum for advice rather than trusting the advice you received from this attorney, you didn't hear what you wanted to hear...