JSL8610

Quite right. Shame on all of you for trying to educate him on a part of the law he previously knew nothing about. What were you thinking of, making him realize that he needed to file a US tax return?

scrubbedexpat099

What about your UK Business?

Trixie_b

You missed my point. I'm not going to call the original poster a troll, because I don't think he is, but he's pretty close to it. He doesn't care. If he was genuinely coming here to see how much trouble he was in, then yes, it'd be appropriate. But quite frankly, you're wasting your time.

JSL8610

Ah, I see. I completely misread your post. I do apologize. Carry on.

ian-mstm

For immigration purposes, yes... but not for annual IRS filings. You were in the US for 15 months, and that makes you liable to file a US tax return - and probably two. It doesn't matter that you didn't know. It doesn't matter that you don't have US-based income. It doesn't matter that you think it's not fair. You were in the US longer than the IRS' substantial presence threshhold.

By the way, US immigration will make bamboo shoots under your fingernails seem like a pleasant manicure when compared to the IRS!

Ian

Bob

I'm pretty sure most people here couldn't give a shit about what he does or if he cares.

They are how ever giving him information that is correct, whether he chooses to bother take it in or ignore it is entirely up to him.

It certainly won't affect anyone else over here.

crg

Okay.... and what are you doing? Frankly, the internet is the quintessential time waster of our time. Come and join the joyride. :P

Trixie_b

I hear ya.....

dasloss

Hi there,

I am in a similar situation - in 2003 I went to the US on a visa waiver, overstayed almost a year and returned, having married and American women. We have not been back to the USA since November 30th 2004 and, as my ESTA was granted, I had assumed that it was fine for me to return.

We are fully settled in the UK and only intend to spend the weekend in Washington (not that this matters, I guess).

What is the situation with my 3 year ban (that I have just learned about from this forum) - did it kick in in 2004 and is now expired? And in that case - will my ESTA get me through?

Help!

christmasoompa

If you've overstayed and/or had a ban then I thought you were ineligible to use the VWP ever again? So you'd need to apply for a visa. See post no's 4, 5 and 9 of this thread (there may be others too, but I only looked at the first page!).

dasloss

iHere's the thing - I was never told that I was banned, I just left the country and nothing was ever said. the guy didn't even take the green stub of my visa waiver. I know that I am being naive - but I just assumed that if my ESTA was approved then, well.. I was approved to enter the US.

JSL8610

It will have kicked in the day you left. If you received a 3 year ban, it should no longer be in effect.

Regards,
James

christmasoompa

Again, re-read the thread from the start - the ban is automatic, you don't get told about it, and despite the approved ESTA, you are not eligible to use the VWP ever again.

Sorry, but you'll need to apply for a visa.

JSL8610

It doesn't matter that you were never told. The responsibility is yours to find out, even if you had no idea that such bans were possible.

dasloss

Thank you. Most helpful.

So, for clarity: Once the 3 year ban, that I didn't know about, has lapsed (it'll have been gone for years now) - I will be eligible to apply for a tourist visa?