Noorah101

This doesn't address how an immigration official made you overstay, though...?

Rene

JSL8610

True, there's probably no arguing with them. It does rather beg the question of why they thought you were abusing the VWP though.

Ragnox

From the first visit to the US back in 09 until my overstay in 2011 I was coming to the US on VWP. I was staying for 3 months then going back to the UK for 2 months then coming back for 3 months and then going home for 2. I did this multiple times Until one day they detained me and interviewed me to find out why I was doing it.

They allowed me entry but said I wouldn't get permission to enter if I came again. They just didn't like the fact I was staying out for so little time. I had everything in order enough money for my visits but they still maintained it was abuse.

I mean why issue a visa that's valid for 2 years if your not allowed to re-enter so many times? I never read anything that said I couldn't re-enter I didn't see any information to say it was capped with a limit of visits. I haven't cost the US any money haven't worked here haven't committed crimes. Still as I said you cant argue with them.

Noorah101

Yep, this is usually considered abusing the VWP, since you end up spending more time inside the USA than outside.

But you didn't even have a visa. VWP = Visa Waiver Program, meaning no visa required. Perhaps you had a 2-year ESTA approval...that is not related to how often you can use the VWP.

Yep, there's nothing like that in writing. That's on purpose, to give the POE officers the authority to make the decision based on their own instincts.

I still fail to see how an Immigration Official caused you to overstay, though?

Rene

Ragnox

Well I suppose in a sense they didn't. From how the Immigration officer was at the time of my interview I just figured what do I have to lose by overstaying. He made it perfectly clear I wouldn't get to enter again if I tried.

Ragnox

Further more if I had a refusal of entry on my record that's no worse than a ban for the overstay anyway!

JSL8610

I can see their point. I sounds like you were in the US a lot more than somebody who was just visiting. They probably wondered what was in the US that kept you coming back so often. It's possible they thought you were working, given that you were spending up to 8 months a year there.

I'm confused about your comment on a 2 year visa. Were you on a visa or the VWP?

I also don't understand how that forced you to overstay. It sounds like you wanted to spend more time in the US than you were allowed to. You were told that and decided to stay anyway. I wonder if there were valid reasons you weren't able to leave, or if you just wanted to stay with your girlfriend.

Ragnox

VWP the ESTA thing. It's valid for two years! I just called it a visa in error I guess

Ragnox

There are multiple reasons she is one of the many factors that induced me to stay.

JSL8610

Ah right, I see. Thanks for clearing that up.

Bob

You over stayed, that is abuse of the VWP.

For an emergency, well you'd apply for a B2, get denied, then apply for a waiver. Either way, it is a matter of weeks if lucky, more likely months than a matter of days.

Unfortunately, that's just the way it is and part of the consequences of over staying the VWP by such a margin.

Bob

No, because likely they would let you leave voluntarily than be properly bounced at POE, so you wouldn't have gotten a ban from entry.

fatbrit

You seem to have been here in the US a lot.....but now you don't want to be here? At the moment you possibly have an opportunity to stay here, but this will become an awful lot harder after you leave.

Hopefully, she will not have an issue getting status in the UK. I hear the UK government is planning to raise the financial requirements to a ridiculously high level. More details on the MBTUK forum.

Ragnox

I have been here in the US an awful lot in recent years. I have business commitments in the UK so I have to return home to address them. I have heard the same thing with regards to settlement costs I believe these new fee's go live in April.

Hopefully by that time she will be fully established within the UK

As I have said on a few occasions I only posted here to see if anyone knew if there were to be any potential problems when my passport is swiped at Check in.

scrubbedexpat099

Check in to where?