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Old Sep 14th 2010, 12:58 pm
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Default Off-Topic posts moved from Overstayed on VWP by 6 Years...thread.

Originally Posted by Songbird
I agree crg. I don't even know how we got on to the whole marriage issue ( oh yes because igotheesta suggested marriage to her now USC boyfriend would help??)

OK back on track. You're right a non-immigrant waiver (after a passage of time and the right 'home ties' ) may be a possibility especially given the separation of mother /daughter issue that could be utilized.
Songbird those sorts of home ties will take years to develop and won't cut into the ten year ban by much.

For me she should never have left the country in the first place not with a kid. She has been really badly advised on the adjustment of status thing. Why did you never suggest moving to England with your Husband and trying to make a life over there.
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Old Sep 14th 2010, 1:24 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
Songbird those sorts of home ties will take years to develop and won't cut into the ten year ban by much.

For me she should never have left the country in the first place not with a kid. She has been really badly advised on the adjustment of status thing. Why did you never suggest moving to England with your Husband and trying to make a life over there.
Why would OP want to move to England with Songbird's husband? Perhaps you should read more and post less.
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Old Sep 14th 2010, 1:29 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
Songbird those sorts of home ties will take years to develop and won't cut into the ten year ban by much.

For me she should never have left the country in the first place not with a kid. She has been really badly advised on the adjustment of status thing. Why did you never suggest moving to England with your Husband and trying to make a life over there.
What is done is done. As to how long it will take for the OP to establish those ties to the extent that it satisfies that she is not an immigrant risk - who knows. As it stands she has a 10 year ban and this is pretty much a salvage operation in the respect that anything short of that time is a good result.

@ OP,
Although it's probably much to early to be seeking a non-immigrant waiver I would still suggest an initial consult with a qualified brief to see what they advise. I am presuming also that you and your ex made alternate arrangements for you to see your daughter other than you traveling to the US? If not, you may want to start thinking about that. Maybe he could bring her to visit you in the UK ?
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Old Sep 14th 2010, 1:33 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by discoviking
Why would OP want to move to England with Songbird's husband? Perhaps you should read more and post less.
big typo error on my part I meant the OP can have her own boyfriend move to England if they intend to pursue marriage.
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Old Sep 14th 2010, 1:33 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
Your only hope is to perhaps get married to this guy from SC that you have met and get that green card you can get a waiver as spouse of a USC I do believe.
Your ignorance of the waiver process is surpassed only by your general ignorance of all things immigration!

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Old Sep 14th 2010, 1:45 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
big typo error on my part I meant the OP can have her own boyfriend move to England if they intend to pursue marriage.
While I believe your intentions are good, my suggestion to you about reading more and posting less still stands for now.
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Old Sep 14th 2010, 2:04 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by ian-mstm
Your ignorance of the waiver process is surpassed only by your general ignorance of all things immigration!

Ian
Why didn't she follow the advice this forum and adjust status based upon that marriage? I am almost certain that suggestion would have been put to her. Even I know you can do that or at least back then in 03 04 you could.
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Old Sep 14th 2010, 2:04 pm
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Default Re: Overstayed on VWP by 6 Years...

What is CIS?
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Old Sep 14th 2010, 2:07 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by discoviking
While I believe your intentions are good, my suggestion to you about reading more and posting less still stands for now.
I couldn't agree more!


@ igotheesta
with all due respect little more 12 days ago you were seeking advice on ESTA, now you are giving 'advice' on issues that you really are not informed enough to give. Sometimes the best advice is NO advice.
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Old Sep 14th 2010, 2:21 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by Songbird
I couldn't agree more!


@ igotheesta
with all due respect little more 12 days ago you were seeking advice on ESTA, now you are giving 'advice' on issues that you really are not informed enough to give. Sometimes the best advice is NO advice.
The best advice in this situation is never leave the country if you have a kid and you are illegal and you can't adjust status for whatever reason at least not while the kid is a kid. Leave when they are an adult ok. They will understand that decision not as a kid they won't they will just think you don't love them. If you come across this situation again in the future.... Give them that advice.

Last edited by igotheesta; Sep 14th 2010 at 2:26 pm.
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Old Sep 14th 2010, 2:25 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
Why didn't she follow the advice this forum and adjust status based upon that marriage? I am almost certain that suggestion would have been put to her. Even I know you can do that or at least back then in 03 04 you could.
How would we know the answer to that? We can only make suggestions, people have to make their own decision about whether or not they wish to follow the suggestions given to them. You are a good example of this phenomenon yourself, as a matter of fact.

Originally Posted by igotheesta
What is CIS?
http://tinyurl.com/yb8mdk8
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Old Sep 14th 2010, 2:25 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
The best advice in this is situation is never leave the country if you have a kid and you are illegal and you can't adjust status for whatever reason. you will probably never see that kid again if you do. And the kid won't understand why you went away. I would not have left I would have stuck it out so my kid would know who I was.
You are being - and have been through this entire thread - phenomenally insensitive at best, very smug, and possibly downright malicious, though I can't determine your motives. If you really want to help the OP, how about stopping rubbing her nose in what you think she should have done?
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Old Sep 14th 2010, 2:31 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by nettlebed
You are being - and have been through this entire thread - phenomenally insensitive at best, very smug, and possibly downright malicious, though I can't determine your motives. If you really want to help the OP, how about stopping rubbing her nose in what you think she should have done?
It is not my intention to be hurtful I have to wonder why the devil she didn't follow the advice of this forum 3 years ago and adjust legal status. Or failing that consider a move to England while they were still a couple? The best thing the OP can do now is try to provide for her daughter financially instead of wasting god knows how much on these lawyer fees and applications that will probably be rejected. Perhaps instead put that money towards college and a trust fund for her daughter. Try and work out an arrangement so the daughter can spend summers in England maybe and she can play as active a role as possible in her daughters life

Last edited by igotheesta; Sep 14th 2010 at 2:37 pm.
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Old Sep 14th 2010, 2:32 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
The best advice in this situation is never leave the country if you have a kid and you are illegal and you can't adjust status for whatever reason at least not while the kid is a kid. Leave when they are an adult ok. They will understand that decision not as a kid they won't they will just think you don't love them. If you come across this situation again in the future.... Give them that advice.
edit: sorry, more messages were posted by the time i wrote this!

bit late unfortunately once you already left though - it's always easy to see what should have been done with the application of hindsight.
Have no idea what i would have done in the same situation...

All anyone can do now is work forwards into the future and try and find a solution, whether that be now or in 10 years or whenever, gotta start along the path to getting somewhere at some point - and this time making absolutely sure you have the advice of someone who really knows what they are doing. No doubt there are some very knowledgeable people right here on this forum but i've found the 'experts' opinions differ widely and have a tendency to be generally very negative and hopeless in outlook - understandably so to protect oneself and avoid disappointment i guess... searching online one could easily be led to believe that it is near impossible to get a US visa for any reason at all nowadays or work around any problems at all. Not saying it will work out for OP i have no idea, but have to have a little hope and faith and push forward and try nevertheless, not much to lose in this case for sure. Hope OP finds someone well qualified to help.
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Old Sep 14th 2010, 2:51 pm
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Default Re: Overstayed on VWP by 6 Years...

Originally Posted by igotheesta
The best thing the OP can do now is try to provide for her daughter financially instead of wasting god knows how much on these lawyer fees and applications that will probably be rejected.
Have you considered that spending money on an attorney is, in the long-term, the best thing she can do to provide for her daughter? You really are an arse!

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