kiahs_wife

ok so ima try and be brief here...here goes..

I enetered the US in 2005 for a vacation (VWP). met a guy, feel in love and married. He was about to deploy with the military and we were told to fill out the greencard paperwork and file when he got back as he would be needed for the interviews etc. When he returned, we were having major issues in that he was violent, cheating on me, drinking nd doing drugs. We didnt have the money for the paperwork and every time i saved it up he wold find it, go mental on me and sped it. I eventually left him in 2007 after i knew we werent going to work and the money would never get saved. To top it off i had just miscarried and he said suck it up and drive on! I flew back to the uk 9/11/07.
I got back in touchwith someone i had been friends with there. Anyways, I tried to go see him in June 09 but was told by immigration at JFK airport i needed a visa(tried to use VWP as didnt know i had violated that right). Came home (same day!) devestated and wrote to mp who was told the same thing in a letter from london embassy. The section of law referred to was turnaround. So i went to embassy and tried to get a visa but was refused (tld i could reapply when/if circumstances changed). I think the lady thought i wouldnt come back to the UK or something!
He came here dec 09 to marry me and now we are about to have visa interview on June 3rd. I will get my visa right?

thanks for any advice you can give...and if anyone knows what they will ask me there too that would be great! Just wanna be with my husband and be a normal couple!

meauxna

Eventually, probably!

Marocco

Wouldn't the OP have a 10 year ban if she overstayed on the VWP for more than a year between 2005 and 2007?

scrubbedexpat099

Sounds like she was in the US for at least 2 years so we would be looking at a 9b 10 year ban up in 2017.

They should give them the option of filing a waiver and whilst I generally favour DIY I do not think this is one of those cases.

Time to pony up for a good Immigration Lawyer familiar with Waiver cases through the London Consulate.

kiahs_wife

if its a ban as a result of an overstay, i didnt even know about all that and that was proved when !) i left of own accord after i knew the marriage wasnt going anywhere. up until then, i thought as long as we were trying to save for paperwork and had forms filled out ready to file we were ok and 2 when i tried to go back in 2009. I was turned around being told i needed a visa...i just thought it was coz i had stayed longer on vwp and given upmy privelageso had the inconvenience of getting a visa.

Asa for a lawyer...why would I need one? We cant afford one as this whole visa thing has cost thousands. Im an unemployed student about to graduate with no hoipe of getting a job so on gvt support (or will be) and hoping the pay me enough so i dont become homeless. My husband cant afford to help me out as $ into £ is pitiful and doesnt make any real difference so told him he may as well keep the money in savings for the bill for immigration which is growing. Even this money though does even come close to covering a lawyer. we looked at one before for doing visa paperwork and they wanted $3-5k!!!!! why you think i need one so bad...you make it sound like our case is hopeless without one. got me really scared now. this whole thing has been over 2 years and im so depressedwith the whole thing and now this! banned!?!?!

meauxna

What on earth have you been doing that this case cost you thousands and has taken 2 years already?

kiahs_wife

well it went to uscis for i130..they lost everything so had to be replaced. they took from may 2009-november 2009 to get it to nvc...where all of my stuff somehow got lost despite it being in the same folder. Then at nvc they made us send in and send in paerwork after paerwork telling me i needed a new police check so i couriered it in so it got there for usre only for them to say it was not right type so had to be done again...and courioured..then they said my divorce papers were not right and had to be from ediburgh office...they dont have them though so this was time and money spent. this went on til about 3 weeks ago when i got a number for london embassy who agreed to expedite the case for reasons we gave. the cost came from all the above plus my husband sending money to me so i could survive while here....im in debt anyways due to school expenses and now been landed with someone casually saying yup...ur banned for ten years..go get a lawyer! im freaking out and im at the end of my tether with this whole sodding mess! my health isnt great and has been made ten times worse by all of this! i am losing it...thought we were finally at the end of the loooong dark tunnell only to be told this!

you said id prolly get my visa which gave me hope...i dont know what to believe or what to expect!

meauxna

Wow. I mean this kindly, but it does sound like you could have used the professional guidance back at the start, and perhaps you would be done by now.

You notice that I said you'd get your visa, probably, *eventually*. I'm not up on the ban/waiver situation to comment from the top of my head, but what others have posted jibes with what I know. You overstayed your VWP admission by more than 6 months and have probably earned a ban on returning to the US. As Boiler posted, there is a waiver for it, but I also do not encourage you to do this yourself. You and your husband (no offense) have not shown yourselves to be good candidates for doing your case yourselves.

You should prepare yourself to not have your visa approved at this interview. I'm sorry I don't know what other advise to offer you.

kiahs_wife

like i said and if you had read it properly, we do not have the finances to use a lawyer. and what's more, it was US given the run around by USCIS and the NVC. We had all documents in place and it was THEM who lost them three times over and THEM who had us going back and forth asking for things that did not even exist. Perhaps, if they had done their job more efficiently, we may well have been done by now like you say. As it stands, we will have to do this on our own as it is that or not at all.

meauxna

You don't find it peculiar that out of the millions of cases per year they handle perfectly fine, that two different goverment agencies lost all of your paperwork?

If the ban applies now, it would have then so finishing earlier would still bring you to the point you are at now. You seem still to be completely unaware of the consequences of living in the US with no documentation or reason to be here.

We recommend lawyers for people who have complications. Maybe your husband can get a free legal evaluation for you from the US side.
I don't know what will happen at your interview. I suggest you be prepared for it to be something other than what you want. I don't know what you'll do from there.

kiahs_wife

Peculiar, no...annoying yes! regardless of whether we would still be at this point or not, at least it would have been done by now or at least at this point a lot ssoner and I would not be in the position I am now. I was unnaware but for that I make no apology. I came on here for advice and suport instead was made fun of and ridiculed! I do not appreciate the way you have spoken to me and do not find it helpful...maybe you are getting a kick out of this?!

Ray

of course you never noticed the I-94 which gave you day and date you had to leave the US by ...

You knew... you chose to ignore ..you now pay the piper ..

fun of and ridiculed no .. you got the truth ....

scrubbedexpat099

Not the piper - the lawyer.

I have heard good reports of this guy:

http://www.us-visa.co.uk/

Can it be done yourself, yes, but not a simple thing to do. I am not having a go but your past track record and style of posting suggest you would be very unwise to do it yourself.

meauxna

Well, you're not quite as dumb as you're making out, but keep talking, you're really winning friends here. I was just going to tell you that if you think you're being treated badly here, try visajourney. Of course your posts there show that you already know you have a 10 year ban and that you'll need a waiver and that you've know this for a year.

I understand why you're in the position you are. Good luck to you. Maybe there's some other marriage-based forums you can burn your bridges in.. oh wait, there really aren't.
pfft.

Wolfy

Nobody here gets a kick out of anyones misgivings, being new here once myself cam in asking questions without researching and expected to get answers and yes I was told in a constrctive way to find out for myself!

You on the other hand, have an unusual case, one that no one can give a definitive answer as there are multiple outcomes, outcomes that even a lawyer will tell you!

So if I was to tell you a lawyer could cost you £500 from start to finish you couldnt raise that somehow to get peice of mind knowing that the paperwork would be correct and present and that you have insight to outcomes and have waivers ready as back ups.

Being ridiculed your not, being told how it could be you are!