kittie1823

I'm in a right mess and I was wondering if you can help me.

I was on a VWP in 2003 and I fully intended to come home again in two months time after spending the summer in the US. One thing led to another, I fell in love with a nice US citizen, we got married and had a child. Our daughter will be 6 years old next April. We're divorced now but were married for 4 years after trying to make a decent shot at it.

While I was there, I kept my nose clean, paid my taxes, never broke the law and never worked. I was a stay at home mom raising my daughter. My VWP ran out before she was born and I stayed a while longer in the US after me and my ex husband were divorced, kinda just bumming around at peoples houses and living off whatever they would give me. I've never worked a day during my time in the US and I was there for six years.

Eventually, I was tired of being broke and unable to support my daughter so I came to an agreaance with my ex that I'd talk to the UK embassy to try and get back home. My passport had expired in 2008...a year beforehand. The UK embassy helped me out with an emergency passport to get home again (albeit at a steep cost). They told me that this was the best thing for me to do rather than a straightforward deportation because it would mean that I would be able to re enter the US to see my daughter. Before then though, I fell for a nice man from SC and we've been together almost two years now.

I'd like to go back to the US for my daughter's sixth birthday in April and to see my boyfriend in the meantime. Am I subject to a 10 year ban or would I be okay because I was not deported or removed from the US? I'd really like to know before I start saving to leave in April. If I can't go, I'll just go on holiday somewhere else next year. I'd rather know before hand than risk it and lose money...

Thankyou very much for any advice you might have

nettlebed

You were subject to a 10-year ban the day you left the US. No point sugar coating it. Sorry.

Link back to OP thread from 2007, for background: http://britishexpats.com/forum/showthread.php?t=494778

kittie1823

Sigh. So the UK Embassy basically lied to me. Lovely. I may as well have just been deported...

fatbrit

You'll not be visiting the US in the foreseeable future.

kittie1823

Kinda wishing I'd just stayed and been homeless. Sigh, this sucks. Thanks anyway guys...I appreciate your help

crg

I wouldn't call them liars, because I wouldn't expect the UK embassy to be all that familiar with the intricacies of US immigration law.

E3only

Besides, who the hell in the embassy will ever give advice 'No problems, stay on until law catches up with you and you will be deported, easy'.

Not being insensitive about OP's situation but OP had a choice ....

AdobePinon

And I'm sure that getting out without US gubment involvement is still better in the long run than being deported, should the OP ever attempt to return.

igotheesta

Why did you never attempt to adjust status after you got married to your child's father? 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. Having a daughter in America won't cut you any slack on the 10 year ban in fact it might make it harder to get any kind of visa in the future.

igotheesta

Why didn't she get a full ten year passport because she was illegal at the time? I thought you didn't need proof of legal status to have a passport renewed?

kittie1823

I was told soon after our wedding by the local CIS office that because I was under the VWP, it wasn't possible because the terms and conditions of the waiver say that you're not allowed to adjust your status.

igotheesta

Others can comment on that, I think it was incorrect you should have been at least at that point in time been able to file adjustment of status based upon marriage to USC irrevelent of your overstay on VWP. My friends in NYC have meet people who done it as late as 2008. It is more tricky to do it know but I think it can still be done. That is irrelevent to your situation now. Your best bet realistically is marriage to this new guy you have met if it is going to go that way.

Songbird

Sorry but that is NOT 'realistically' her best path. Have you any idea whatsoever what is involved in obtaining a waiver? It is not granted solely on the basis of marriage to a USC. To obtain a waiver there has to be compelling evidence of undue hardship endured by the USC spouse caused by the separation - just being apart does not constitute 'unnecessary hardship' to USCIS.

igotheesta

An immigration lawyer would know how to get the waiver through. I think that is better than the chances for a B2 down the line isn't it? It is her only chance isn't it? No force on earth save marriage to a USC can attempt to challenge that ban can it? If you know of another option then fire it away?.

Songbird

Actually no in the absence of the necessary conditions that meet the criteria, an immigration lawyer would not 'know how to get the waiver through'. For sure a lawyer can help better prepare a submission etc but they still need something to work with and separation alone wont cut it. Have you any idea at all how many people are separated from their USC spouse due to inadmissibility issues, with probably far better waiver submissions than the OP could present? Just take a little visit to http://immigrate2us.net , it will educate you on the whole waiver issue. Marriage to a USC is not a magic wand that will make all the 'bad things' disappear. Like it or, sometimes the piper has to be paid, in this case it may well be that the OP will have to wait out the ban.

EDIT - clarification
There are two issues here that are getting confused. From my understanding the OP is talking about how to visit her daughter NOT how can she return to live in the USA. Your suggestion of marriage to her USC boyfriend and subsequent waiver submission would be for the OP to take up residency here, correct? Well I have read nothing in the OP posts that suggests that is what she wants to do. She merely wants to VISIT not stay here. Why are we even discussing marriage? The OP has a 10 year ban for overstaying the VWP. She has a 6 year old daughter she would like to visit, that is the issue here. If I were in the OP's position I would be using the money set aside for the holiday to engage the services of a competent and experienced brief and exploring what (if any) options may be open that could be pursued to achieve that end. Like I said it might well be that it is what it is but that's the way I would go.