Overstayed VWP - Which visa to apply for to visit USA again?
#1
Just Joined
Thread Starter
Joined: Jan 2008
Posts: 4
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
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
#2
Re: Overstayed VWP - Which visa to apply for to visit USA again?
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.
#3
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?
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?
#4
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.
#5
Re: Overstayed VWP - Which visa to apply for to visit USA 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
#7
Re: Overstayed VWP - Which visa to apply for to visit USA again?
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.
#8
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Overstayed VWP - Which visa to apply for to visit USA again?
As you were told a few weeks ago, you'll need a B-2 visa... because you can never use the VWP again.
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.
There is no quick way... not any more.
Ian
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
Ian
Last edited by ian-mstm; Feb 10th 2013 at 10:08 pm.
#9
Forum Regular
Joined: Aug 2011
Posts: 66
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.
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.
#10
Forum Regular
Joined: Feb 2013
Posts: 46
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.