Noorah101

That's correct. If you ever overstay the allotted 90 days on the VWP, you are NEVER able to use the VWP program again, you would have to apply for a visitor visa. The penalty for overstaying the VWP is that you can't use it again in the future.

You've already overstayed past the 90 days, now just make sure you don't stay past 180 days and incur a ban from returning at all. Fatbrit's suggestion was a good one...get a power of attorney made for someone in the USA to handle things after you go.

Rene

Ozzidoc

People who have overstayed on the VWP need to apply for a B2 visa. Details at http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

scrubbedexpat099

Others have already pointed out that your VWP days are over.

Your chance of a B Visitor Visa would seem very limited.

I am not so sure of your chances of an E2. Sounds like you are assuming that you would apply through Canada? Is that on the basis that you soon to be wife would be the applicant and you are the trailing spouse? I assume thats the reason for the shotgun marriage.

I would assume the worst, have an exit strategy, assume you will not be returning.

Octang Frye

Here's my two cents worth:

It's good that you spoke with an attorney. Now plan for the worst but hope for the best.

In reality, in looks like you'll be going back. There are certain realities that need to be attended to; how to take care of your assets etc.

Next thing, I would say don't give up on your dream. Others, please feel free to correct me, but I would aver you're best option is to go back and reestablish your business in the UK.
The E2 isn't a great option for you because you wont be able to get a green card from it. Do some research on these forums and you'll most likely conclude the same. A big consideration for you should be what will happen to your children. If you get an E2, when they reach 21, they will "age-out" and have to return to the UK.

A better option would be to build up your business in the UK and then, if possible, apply for an L1 visa. That's an inter-company transfer and offers you a relatively quick chance at a green card. I'm not exactly sure in your circumstances how feasible this is but I'd say it is your best option, both for yourself and your kids.

Do some perusing of these boards for info on L1/L2 visas. Incidentally, what is it that you sell?

Good luck.

Octang

spiderv6

You're right, you need serious help.

I don't see that you have more than two options at this time.

1. Pack it all in the back of a U-Haul and drive to Canada and set up a business there legally with your wife (to-be).
2. Ship it back to the UK and re-establish your business (where presumably you already have contacts, a network, previous customers, a clue what you are doing etc.)

I guess there is also ebay........

Honestly, you are in such a hole as far as the US is concerned you really need to forget about it for the next few years and get yourself sorted out financially and legally.

With the current state of USCIS processing its unlikely they are going to look at your case this year. Anyway, you are already here ILLEGALLY so they are not exactly going to be smiling when they get to your case, are they? You can forget the idea of an L1, otherwise (as someone else said) every one-man-band ebay trader would be applying for one......not what it was designed for.

I think you really need to face the reality that you are in the wrong place and it can only get worse unless you make some quick and radical decisions.

Of course that is only my personal and unqualified opinion based on the likely 10% of the facts that I know......

ian-mstm

Once you overstay the VW, you can not use it again. You must now apply for a visa to enter the US. This, in itself, is tricky... you will likely have a difficult time getting a visa since you will already have a documented history of procedural abuse (whether you intended it or not... remeber what I said about USCIS not caring).

As for the kids, I respectfully suggest that they *not* come to the US until you have sorted out your own situation... all of it, mind you, not just what happens in this next month!

Ian

Ozzidoc

Is this a potential option for down the track?

http://britishexpats.com/articles/us...professionals/

Awesome Welles

Having read this utter train-wreck of a tale, this is the bit I just don't get.
Maybe it's me that's the complete dufus, but having presented a VWP I-94 at the point of entry and asked what the purpose of the visit is, the response is, "Starting a business and buying a home" - the immigration officer says, "Okey dokey, young fella - you are absolutely prohibited from using the VWP for that purpose, but, live and let live, eh?"

He also states that he's "usually" admitted. This suggests that occasionally he's denied entry - with all of the implications of that action.

The whole thing sounds pretty bogus to me, but then I think, "Why would anyone go to so much effort?"

Finally and at risk of rubbing salt in the wound, MCO is probably one of the worst POE and Virgin Atlantic, one of the most scrutinized carriers (measured in 'send-backs') that you could select, if your credentials are anything less than bullet-proof.

MaryC

I have a friend who was in the USA on L1a visa, extenssion was denied (company got dissolved while looking for extenssion) , he did the right thing and left on time but all his stuff is in storage and a car with friends. he tried to get a Masters soon after he left on advice from the lawyer from the USA, went to Dublin and they didn't give him visa saying he can't prove ties with the UK. Of course not as he was on L1 and he didn't have to keep anything in the UK when he left and the lawyer said officer was wrong not to give him F1 visa. This was a legitimate request as he was going to change profession and get a different job when he gets back (very highly educated person). But he was refused and now he has all the furniture, car etc there as he didn't have the time to dissolve it.

And he is sick worried to go there on VW as he doesn't want to lie, but the real reason is he wants to sell furniture, car, close bank accounts, return credit cards etc.

So I am going to the USA anyway and will try to do this for him, but it is terrible how people get scared and also very confused what to say or not to say on the POE.

I have no idea why he can't say he is going to sort out his afairs as he left when he got visa extenssion denied.

I am saying all this as the poster is rightly worried about the situation, but I still think that he doesn't see that he may have problems as he is trying to get back (and the kids) to the USA too fast.

I don't know, but I would look for second opinion. meaning, another lawyer just for one consultatio perhaps.

Also, I can't see how is it possible to apply for visa from Canada as another colleague of mine went as a tourist, got invited to teach for a year and he thought he is clever so went to Canada for visa stamping. Since he was on VW they just told him to go back to the UK and do it there. What a waste of time.

steUK

GUYS and GALS
i'm late so will post this short reply now, will answer you all later tonight. i did manage to talk to an officer at USCIS and she said i need to ask for some courtesy from US embassy in canada to grant me a B2 while this is all fixed, she says due to the complexity of the problems and time it will take to fix, she feels they are likely to help. whether they do or dont, its worth a shot.

i have NEVER ben denied entry, and i am only in this situation because of misleading advice. the last 2 times i came i told the POE officer i was finishing the statup to the biz, that we are doing conventions, trying to buy a home, showed him ALL the paperwork i had, and they let me in no problem, they were also told i was applying for a visa, and they let me in each time because im honest and showed them all the papers.

sounds to me like nothing is bullet proof, and i may have been lucky, but now is the time to push the right buttons and thats what im doing.
thanks

scrubbedexpat099

Things to investigate:

Will Canada let you in, you seem to have no ties to the UK and will have a Canadian Spouse.

Will the US Consulate in Canada deal with a B application for you, normally Consulates will only deal with Citizens and Residents of the country concerned.

Sounds like you got lucky, or unlucky depending on how you view it, with your VWP entries.

MsElui

just be careful of what the uscis telephone drones say - they are not always fully knowledgable and you cant use their advice as a defence if it turns to cack - which it has been known to do on more than one occasion. ie - i would ring your lawyer and run the canadian b1 visa idea passed him and only bother trying if HE gives the okay.

steUK

hi
we are applying for E2 now thuru the UK as usual, not canada, im marrying a canadian and will get citizenship at some point.....but that doesnt help our current situation at all, sadly. we planned to marry next year anyway and will still do the big wedding then anyways, we will shotgun now just so we can get our E2 applied-for together as husband and wife, lawyer said its better and easier.
we plan leaving before the 180 days are up, married, with the kids, hope to have our E2 in application, and will TRY to get assistance from the US embassy in Ottawa (i was told today by a very knowledgeavle worker at USCIS this is likely to help - the dumbass who answered the phone thought embassy was a branmd of cigarettes).
thanks !
J

steUK

been told kids a re a mnor concern, at the end of the day its just a holiday and there are xit flights for near future. we may well move he inbouce flight to canada IF we cant get help beforehand.

will be seeing the 1st idiot tomorrow, collecting entire file, and asking for a full refund as today i found out that he didnt sendmy papers in in-time andthe I194 hss subsequently been abandoned! so i will push himtomorrow.

thanks again,
John

tonrob

Eh???