Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Overstayed VWP - Which visa to apply for to visit USA again?

Overstayed VWP - Which visa to apply for to visit USA again?

Thread Tools
 
Old Feb 10th 2013, 7:33 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2008
Posts: 4
nesa is an unknown quantity at this point
Default Overstayed VWP - Which visa to apply for to visit USA again?

Hello everyone

I am a British citizen and my husband is a US citizen and is in the US Army

I really need to travel to USA as soon as possible to see my husband before they deploy him somewhere which is a strong possibility

I already made a thread about applying for a spouse visa, which I will do, but that will take a long time, so I want to visit first, and later I can apply for spouse visa

I overstayed my VWP by 3 months, when our daughter needed some tests done in the hospital

Please someone tell me ASAP what can I apply for to enter USA again the quickest way possible please

There must be a way to apply for a visitor visa which should be quicker hopefully a month or so?

Many thanks
nesa is offline  
Old Feb 10th 2013, 7:37 pm
  #2  
Lost in BE Cyberspace
 
Duncan Roberts's Avatar
 
Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Duncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond reputeDuncan Roberts has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Originally Posted by nesa
There must be a way to apply for a visitor visa which should be quicker hopefully a month or so?
If you can't use the VWP then probably not. The fact that you a) overstayed previously and b) are married to an American could make getting any sort of visitor visa a tricky task. Might be a good idea to talk to a lawyer to see if there are any other options for you.
Duncan Roberts is offline  
Old Feb 10th 2013, 7:43 pm
  #3  
BE Enthusiast
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Has your situation changed since you posted a few weeks back?: http://britishexpats.com/forum/showt...0#post10501820

In your previous thread you said you had overstayed by 2 months, now by 3. Are you currently still in the US and incurring more overstay time?
Apfelkuchen is offline  
Old Feb 10th 2013, 7:44 pm
  #4  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

You might want to have him contact JAG officers to see of they can do an expedited CR-1 visa you since he will likely be deployed soon.
Michael is offline  
Old Feb 10th 2013, 7:52 pm
  #5  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Originally Posted by nesa
I overstayed my VWP by 3 months, when our daughter needed some tests done in the hospital
As long as you didn't overstay more than 180 days, there shouldn't be a ban on returning to the USA, but you are right, you can never use the VWP again.

The only other option for visiting is to get a B-2 visa, but just be aware it could be denied. But that's your only option.

Otherwise, get started on the Immigrant Visa path ASAP, and if he's being deployed, I believe the process can be expedited somehow.

Rene
Noorah101 is offline  
Old Feb 10th 2013, 7:54 pm
  #6  
BE Enthusiast
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Originally Posted by nesa
There must be a way to apply for a visitor visa which should be quicker hopefully a month or so?
Ian deals with the B-2 Visitor's Visa and the difficulties you face in trying to obtain one in post #4 of your previous thread.
Apfelkuchen is offline  
Old Feb 10th 2013, 8:10 pm
  #7  
BE Enthusiast
 
Apfelkuchen's Avatar
 
Joined: Jul 2011
Location: Berlin, Germany
Posts: 588
Apfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond reputeApfelkuchen has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Originally Posted by nesa
I really need to travel to USA as soon as possible to see my husband before they deploy him somewhere which is a strong possibility
Am I right to surmise from this that he doesn't have orders in hand yet? I suspect getting the CR-1 process expedited without them is a long shot. As Michael suggests, though, you can check this out with a JAG lawyer. USCIS also has a military section on its website and a military hotline. The website contains very little that isn't applicable to all IV cases. I have never tried calling the hotline.
Apfelkuchen is offline  
Old Feb 10th 2013, 10:01 pm
  #8  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

Originally Posted by nesa
I want to visit first, and later I can apply for spouse visa
As you were told a few weeks ago, you'll need a B-2 visa... because you can never use the VWP again.


I overstayed my VWP by 3 months, when our daughter needed some tests done in the hospital
The US government isn't interested in why you overstayed, nor is it likely to be sympathetic to your current situation. The US government is not responsible for what happened. You made your choice and now you must live with the consequences of that decision.


Please someone tell me ASAP what can I apply for to enter USA again the quickest way possible please
There is no quick way... not any more.

Ian

Last edited by ian-mstm; Feb 10th 2013 at 10:08 pm.
ian-mstm is offline  
Old Feb 11th 2013, 1:13 pm
  #9  
Forum Regular
 
Joined: Aug 2011
Posts: 66
halfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nicehalfmoon is just really nice
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

From our experience, the USCIS military hotline is sadly not helpful or informative - you will get better advice from this forum.

If your husband is genuinely due to deploy, you would be eligible to apply for an expedite for a spouse visa. I read elsewhere that you shouldn't include your expedite request with your original paperwork as it won't be read - USCIS will just check that all relevant documents are there and then it joins the end of the queue. However, once your petition is accepted, you can then put in your request and it will be considered by the appropriate department. Only a view.

We were expedited but had already been waiting five months for our I-130 to be approved. We included a letter from my husband's commanding officer to confirm his deployment status.

Can your husband visit you? He should get block leave before he deploys.
halfmoon is offline  
Old Feb 11th 2013, 3:36 pm
  #10  
Forum Regular
 
Joined: Feb 2013
Posts: 46
Wolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond reputeWolfpit228 has a reputation beyond repute
Default Re: Overstayed VWP - Which visa to apply for to visit USA again?

I actually overstayed on the vwp incurring a 3 year bar. I applied for the spousal visa I the September, had an interview at the end of the November- received a denial so handed in my waiver and received an approval 3 weeks later. All expedited due to ill health grounds. So expediting is a good possibility.
Wolfpit228 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.