bubbleberry

Hi Guys,

I really need some advice on this one.

I had nearly completed the change of status application, had recieved my work visa, social security number etc. All we were waiting omn was the final interview.

Dues to an emergency both myself and my US wife returned to the UK, where we have been for nearly a year.

Obviously my wifes family are in the US, and we would like to be able to visit.

Given that I had overstayed my tourist visa, the got married, applied for change of status, and left the country, WHAT DO I DO NOW?

What sort of visa do we need, where do we apply for it and what are the chances of getting it?

I really need help on this one, my father in law is in his mid eightys, and if he were to pass I would like to be with my wife over there to support her.

Many thanks

Bub

Just Jenney

Well, your wife doesn't need a visa to go to the States, assuming she's a US citizen.

For you... Well, that I'm not so sure about. What visa were you on before, and how long did you overstay on that visa? You say you were on a "tourist visa" but most UK citizens come to the States on the VWP, not a tourist visa.

~ Jenney

Rete

How long was your overstay? The length of your overstay will determine if you have incurred a ban or not. If there was even one day of overstay before filing your AOS package you need to apply for a tourist visa through the US Consulate. Will you be approved for it? Hard to say. Bring tonnes of proof that you have no desire to remain in the US, i.e. mortgage, house deed, employment letter, etc.

adjudicator89

Big mess!!! YOU WERE NOT SUPPOSED TO LEFT THE COUNTRY WHEN YOU OVERSTAYED.That's what my attorney warned me about when I aplied for AOS (overstayed as well) She stated: DO NOT UNDER ANY CIRCUMSTANCES LEAVE THE USA, even if they issue AP. I never applied for AP anyways, since she said they might not give it to me since I overstayed but even if they do it's more like a trap LOL cause they wouldn't let me in. Again ,this is something I was told by my IA (Immigration Attorney) ,so I am not saying the same aplies to you. I think Mr.Folinsky would know better. If I was you I wouldn't leave , but that's too late saying that now. Best wishes Milan

adjudicator89

Well Rete to me it seems like he is saying he nearly completed the application, he got his I-765 (EAD) and said he is waiting for the interview which gives me the impression he did file for I-485. I don't know. Sir, could you be more specific please? Did you submited your I-485 (AOS) ? Thank you.

crg

We'd need some more dates to figure all of this out. Some of the time with the pending AOS may not count against him.

Did he have an actual visa, or did he mean VWP? The VWP is probably a really bad idea for this person. If he had an actual visa, it is likely void per 222(g) because he stayed past the expiration of his I-94 and never received the AOS.

Rete

That's not what I asked him. I asked him how long was his overstay before he filed for AOS.

Further, of course, he submitted it. He would not have an employment authorization document unless he had submitted the I-485 and I-765.

Noorah101

Do you mean you had submitted the I-485 Adjustment of Status package, and were just waiting for an interview?

Do you mean you had received the Employment Authorization Document (EAD)?

If your wife is a USC, she can return to the USA anytime.

Now you figure out how long you actually had overstayed in the USA. Depending on that piece of information, you'll know whether you have a ban in place or not.

Assuming you only want to VISIT the USA and not return to live there, you will need a B tourist visa (assuming you have no ban, or that the ban can be waived). You would apply at the US Embassy in London. No way of saying what the chances are of getting it, until we know more details.

Rene