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Over Stay US Visa - Want to come home!

Over Stay US Visa - Want to come home!

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Old Oct 13th 2008, 7:44 pm
  #1  
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Default Over Stay US Visa - Want to come home!

Hey,

I have an overstay L1-A visa (by nearly 1.5 years).. i'm married to a us citizen and have started the ball rolling to change my status however i really want to leave this place (Nevada) for 6 months to a year..

My questions are:

1 - Will my wife have any problems entering the UK on a VWP and then applying for change of status once in the UK

2 - I know i'll get a 10 year bank from the USA if i leave without changing my status, are those bans easily lifted?


Just had enough of america and miss the UK badly...
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Old Oct 13th 2008, 9:19 pm
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Default Re: Over Stay US Visa - Want to come home!

1. Impossible, sorry. She needs to have spouse entry clearance before leaving the United States. http://www.ukvisas.gov.uk

2. Ask on a U.S. forum but as far as I am aware, it is not easy to get the ban overturned. It will probably be forgiven if you AOS to a green card and do not leave (for any reason) until green card is granted.
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Old Oct 13th 2008, 10:19 pm
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Default Re: Over Stay US Visa - Want to come home!

We looked the UK site for settlement visa information.

It wants:

passport - no problem
address - (we live in the states so dont have one there or can we just use familys?)
iteniary - why would we book flights without getting a green light...

or is this were we hit good old english paperwork!
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Old Oct 13th 2008, 10:24 pm
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Default Re: Over Stay US Visa - Want to come home!

Originally Posted by ukpilot101
We looked the UK site for settlement visa information.

It wants:

passport - no problem
address - (we live in the states so dont have one there or can we just use familys?)
iteniary - why would we book flights without getting a green light...

or is this were we hit good old english paperwork!
Best to ask U.K. immigration questions at http://www.immigrationboards.com but lots of people in a similar situation have sponsored spouses from overseas.

Be aware that if you leave the U.S. the ban is immediately imposed.
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Old Oct 14th 2008, 3:15 pm
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Default Re: Over Stay US Visa - Want to come home!

Originally Posted by ukpilot101
Hey,

I have an overstay L1-A visa (by nearly 1.5 years).. i'm married to a us citizen and have started the ball rolling to change my status however i really want to leave this place (Nevada) for 6 months to a year..

My questions are:

1 - Will my wife have any problems entering the UK on a VWP and then applying for change of status once in the UK

2 - I know i'll get a 10 year bank from the USA if i leave without changing my status, are those bans easily lifted?


Just had enough of america and miss the UK badly...
you need to apply for the visa in the us before leaving- your wife will no doubt be granted a visa quite easily and quickly. since you are in the US you use the US based consulates which would probably have a visa granted in less than a month. good luck
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Old Oct 14th 2008, 11:50 pm
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Default Re: Over Stay US Visa - Want to come home!

Originally Posted by Jess5377
you need to apply for the visa in the us before leaving- your wife will no doubt be granted a visa quite easily and quickly. since you are in the US you use the US based consulates which would probably have a visa granted in less than a month. good luck
I believe that the processing times in the US are quicker than other places, however, the OP and his spouse would still have to meet the requirements for the visa.

Which basically are..

Genuine relationship
Adequate accomodation in the UK
No recourse to public funds/adequate finances in the UK.

However, this doesn't help in the US immigration situation. I would go and talk to a lawyer asap, as this is a real minefield.
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Old Oct 15th 2008, 12:34 am
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Default Re: Over Stay US Visa - Want to come home!

DON'T LEAVE!!!

Those bans are a devil to overturn--basically impossible. Marriage to a USC is really the only 'golden ticket' out of those bans. Get your AOS done and completed to a Green Card and then go galavant around. Just don't leave the US until you do.

Talk to a lawyer (though they will tell you the same thing). Getting that ban can be a real pain.
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