Andrew33gal

I'll try to keep this short as possible

In 2002 I visited to US and stayed for a year and a half, well overstayed. I was there to meet someone and we left in 2003 to move back to the UK.

We got married in the UK and have 2 kids here.

We split up 6 years ago and my ex still lives here as a UK permanent resident.

I have now been with someone else for 4 years and still close with the kids and civil with the ex so everything is good but my partner wants to book a holiday to the US soon.

My question is what do I do about my overstay all these years ago and will I be allowed back in?

Olly_

As you overstayed for 18 months you will have triggered a 10 year ban when you left in 2003.

This ban has expired but you'll never be eligible to use the VWP so you'll have to apply for a visa and hope that they believe you won't overstay again...

Andrew33gal

What visa would I need to apply for?

And chances of getting a visa?

andyrebell

You will need to apply for a B2 tourist visa and attend the interview at the U.S embassy in due course. It will cost a sum of money which is non-refundable of course and dependent upon what part of the UK you live in you may also have to fork out money to travel the U.S embassy in London or Belfast and maybe even a hotel stay overnight as the embassy likes to start early in the morning. As for getting the visa your chance is 50/50 after all there are 2 potential outcomes. Either you will be granted the visa or you will not. The result cannot be appealed if you are denied. If you wish to apply again after denial you may do so but that is just sending good money after bad in my opinion.

Others will be able to provide a more in-depth breakdown of the application procedure for you and the evidence you should present to back up your application. There are a number of threads on this site whose posters have been successful in this obtaining this type of visa. And also postings were people have been denied.

Andrew33gal

Your reply is much appreciated

Thank you

shiversaint

The most significant thing you can bring to a visa interview is evidence of home ties. Home ownership/mortgage, a current job that you can prove will be expecting you back, evidence of an active bank account, any form of legal obligations that you have in the UK will demonstrate this (I'm sure you can produce something related to your children). The more the better.

A well defined itinerary within the US can help too, something that is realistic and shows clearly that you'll be coming home. Particularly important if you have a long trip planned.

We don't get many overstay cases here but it might be worth searching the forum to find any previous threads.

If this is a particularly important trip to you, it may be worth chatting to an immigration attorney to make sure you present your case as effectively as possible.

scrubbedexpat099

Do not book anything until you have visa in hand.

Do not expect anything you take in the way of documents to be looked at.

Andrew33gal

Getting documents to prove I have a settled life in the UK won't be a problem and i can show them if they ask, is there any other reasons they might deny a visa? We wont book anything until i know for sure

Noorah101

If the officer thinks you will overstay again, you could be denied. Other than that, it's the typical reasons of criminal history or contagious health issues.

Rene

scrubbedexpat099

Well it is the other way around, they need a reason to issue a visa. It is unusual for documents to be looked at, no harm taking them, in reality they is nothing much in the way of a document that really helps.

shiversaint

Even with the cases we've seen get denied for lack of evidence of home ties? It wouldn't be possible to provide anything in advance of an appointment.

I know when it comes to convictions and the like, the cases is generally decided in advance, but the kind of stuff that would lower someone's overstay risk isn't going to be openly available to the ConOffs before an interview.

scrubbedexpat099

Like what? A B interview is just a few minutes and anyway they do not have the time or ability to verify documents.

Andrew33gal

What can I do to prove that I wont overstay again? Other posters are saying that they would be unlikely to look at any proof or documents I bring.

Is it just a case of what the officers thoughts are on the day of the interview?

scrubbedexpat099

It is more the totality of circumstances, I have no idea how anybody could prove beyond reasonable doubt, especially as you have before.

Rete

The only viable thing I can think of is a letter from your employers (and your partner's) that you are scheduled for vacation from Fantasy 12, 2020 returning Fantastic 24, 2020