Visa Waiver Program
Jun 6th 2019, 1:06 pm
#31
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visa Waiver Program
Still unclear what the emergency is.
Jun 6th 2019, 1:55 pm
#32
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: Visa Waiver Program
No, it is not. You should have arrived shortly prior to the birth, so that you could have most of your 90 days with the newborn, rather than having already used up the majority of your allotted time.
Jun 6th 2019, 2:40 pm
#33
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Visa Waiver Program
I can't think of anything that would qualify as an "emergency" that has a 40 week notice period. Except maybe a large asteroid strike.
The smart move here would be to use your remaining time to marry, return to the UK and start the process to move permanently to the US to reunite with your family.
Breaching US immigration law before you’ve barely got started is not a smart move. I would take a step back and seriously consider the long term consequences for you, your partner and your child.
Breaching US immigration law before you’ve barely got started is not a smart move. I would take a step back and seriously consider the long term consequences for you, your partner and your child.
Last edited by Pulaski; Jun 6th 2019 at 3:13 pm.
Jun 6th 2019, 3:06 pm
#34
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visa Waiver Program
One or both of them may be married to other people.
Jun 6th 2019, 3:18 pm
#35
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Jun 6th 2019, 3:20 pm
#36
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Visa Waiver Program
Emergency
noun
noun
- a serious, unexpected, and often dangerous situation requiring immediate action.
Jun 6th 2019, 3:32 pm
#38
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Visa Waiver Program
Back in October 2018 they both lived in Australia, with him on some sort of student visa (although he also had a sales job)
Jun 6th 2019, 3:35 pm
#39
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Visa Waiver Program
Either of them being married to someone else was not mentioned back in October 2018 when this whole situation started. Indeed the mother of this guy was posting about the situation then and agreed that as per advise given then the couple should get married and her son get back to the UK to start work in order to be able to obtain a visa for his girlfriend/wife.
Back in October 2018 they both lived in Australia, with him on some sort of student visa (although he also had a sales job)
Back in October 2018 they both lived in Australia, with him on some sort of student visa (although he also had a sales job)
Jun 6th 2019, 3:49 pm
#40
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: Visa Waiver Program
There's an argument to made that you could marry and adjust, since it appears your intention was never to stay, but in this instance you would be landlocked for a good amount of time.
I don't see any other way that you could remain in the US beyond the 90 day validity. You could return to the UK and then get on another flight to US in a couple days and try again, but that's likely to get you bounced, especially if you tell them what you told us.
I don't see any other way that you could remain in the US beyond the 90 day validity. You could return to the UK and then get on another flight to US in a couple days and try again, but that's likely to get you bounced, especially if you tell them what you told us.
Jun 6th 2019, 4:57 pm
#41
Forum Regular
Joined: Dec 2017
Posts: 226
Re: Visa Waiver Program
Sometime ago, there was a UK-based British member who posted about his travails with getting a US B visa. He has an American partner and one or more (US born ?) USC children. He stated he has a UK based business, property, cars etc. However, as I recall, they were not married. He had been traveling to the US for several years, probably under VWP, while retaining primary residence in UK. At some point he sought a business related B1 and had a refusal under 214b due to family ties to the US. This was basically insurmountable because family ties trumped any ties to UK he could demonstrate, and as such locked him out of the US.
Jun 6th 2019, 5:01 pm
#42
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Visa Waiver Program
Sometime ago, there was a UK-based British member who posted about his travails with getting a US B visa. He has an American partner and one or more (US born ?) USC children. He stated he has a UK based business, property, cars etc. However, as I recall, they were not married. He had been traveling to the US for several years, probably under VWP, while retaining primary residence in UK. At some point he sought a business related B1 and had a refusal under 214b due to family ties to the US. This was basically insurmountable because family ties trumped any ties to UK he could demonstrate, and as such locked him out of the US.
…. He could have married (if that option was legally available to him) and applied for a CR-1 spouse visa, but retaining permanent residence might have been challenging if he was mostly living and working in the UK, and his business interests in the UK would have make a pig's breakfast of his tax situation.
Last edited by Pulaski; Jun 6th 2019 at 5:14 pm.
Jun 6th 2019, 5:09 pm
#43
Forum Regular
Joined: Dec 2017
Posts: 226
Re: Visa Waiver Program
Thanks Pulaski! The marriage option was offered by someone in that conversation, but that poster rejected it for personal and probably tax reasons.
In OPs case, the above story is a cautionary one. Fatherhood - even a premature one - isn't necessarily an emergency from an immigration perspective. Overstaying VWP can not only eliminate the VWP option, but may lock out the B visa option if the couple remain unmarried.
In OPs case, the above story is a cautionary one. Fatherhood - even a premature one - isn't necessarily an emergency from an immigration perspective. Overstaying VWP can not only eliminate the VWP option, but may lock out the B visa option if the couple remain unmarried.
