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Any chance of Xmas in US?

Any chance of Xmas in US?

Old Sep 9th 2012, 9:58 pm
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Question Any chance of Xmas in US?

Hello. I was wondering if anyone can give me some advice for my difficult situation.
I was married and living in a foreign country for over 15 years. Last year I got divorced and went to stay with my USC boyfriend. For medical reasons etc I overstayed my VWP by about 3 months. I hired a lawyer in the US to address the issue, but as it was taking so long I decided to come back to the UK.
As soon as I came back to the UK I went to the US Embassy to try and obtain a B2 visa (and show the embassy the fact that I had petitioned in the US). I was refused under 214(b). I tried again a couple of weeks later as I thought maybe I hadn't explained my situation properly but was refused a second time.
My boyfriend and I decided to apply for a K-1 visa as we want to be married, and he sent the I-129f to USCIS last week.
In the meantime I would like to visit him for Thanksgiving/Xmas. My problem is showing ties to the UK. I have been living overseas for such a long time and as I received no alimony am living with family at the moment. I have been out of the job market in the UK for a long time so have not yet found a job. I do not intend to overstay a B2 as I want to obtain a K-1 visa, and being illegal is too much stress. Is there any way I can get a B2 do you think?
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Old Sep 9th 2012, 10:44 pm
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Default Re: Any chance of Xmas in US?

Hello and welcome to BE.

I have moved your thread over to our US Marriage Based Visa forum as you will get a much better response in this forum.

If you have any other questions about the visa process...this is the forum to post them in.

I hope you enjoy being part of our cyber community and once again welcome.
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Old Sep 9th 2012, 10:47 pm
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Default Re: Any chance of Xmas in US?

It is very doubtful you will be able to get a B-2 visa. You clearly have immigrant intent, and you have zero ties to the UK.

You can certainly try, but already overstaying the VWP, already having been refused a B-2 twice, having a USC love interest with an I-129F in the works, and having zero ties to the UK all work against you. I see nothing that suggests you would be able to get a B-2.

Have your boyfriend visit you in the UK during the holidays, and then move to the USA when you get your K-1 visa (about 6 - 8 months after filing the I-129F).

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Old Sep 9th 2012, 10:51 pm
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
Is there any way I can get a B2 do you think?
When hell freezes over?

Time to concentrate on the K1 and forget the B2.
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Old Sep 9th 2012, 11:40 pm
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
I went to the US Embassy to try and obtain a B2 visa...
Bad move, as you've now discovered.


I tried again a couple of weeks later as I thought maybe I hadn't explained my situation properly but was refused a second time.
Worse move!


My boyfriend and I decided to apply for a K-1 visa as we want to be married, and he sent the I-129f to USCIS last week.
Great move!


I would like to visit him for Thanksgiving/Xmas.
Quite simply, that isn't going to happen. Have him visit you instead... or both of you meet up in some other country.


Is there any way I can get a B2 do you think?
No... and having overstayed on the VWP, you can never use it again. Don't even try to apply for ESTA.

Ian

Last edited by ian-mstm; Sep 9th 2012 at 11:46 pm.
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Old Sep 10th 2012, 12:21 am
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Default Re: Any chance of Xmas in US?

Thanks for the advice. I wish I hadn't spent so many years away form the UK with my foreign (ex) husband.
I thought it was OK to visit the US for a mini-holiday while the K-1 was being processed...
About the medical- I am on anti-depressants -will this be a problem? I registered with my UK GP last month.
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Old Sep 10th 2012, 12:39 am
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
I thought it was OK to visit the US for a mini-holiday while the K-1 was being processed...
In general, it IS allowed to visit the USA while the K-1 visa process is ongoing. Your problem is that you don't qualify for VWP travel, and you also don't qualify for a B-2 visa.

About the medical- I am on anti-depressants -will this be a problem? I registered with my UK GP last month.
Probably not, unless you are a risk for harming yourself or others.

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Old Sep 10th 2012, 12:44 am
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Default Re: Any chance of Xmas in US?

To address "the issue" how? The issue was that you were in the USA with your permission to stay having run out? What was it that the lawyer did that was taking so long?

Regards, JEff


Originally Posted by JRG67 View Post
For medical reasons etc I overstayed my VWP by about 3 months. I hired a lawyer in the US to address the issue, but as it was taking so long I decided to come back to the UK.
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Old Sep 10th 2012, 12:52 am
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Default Re: Any chance of Xmas in US?

I had extenuating circumstances for my overstay. My lawyer originally took me to Homeland Security to apply for an extension on the VW but as noone was helpful there he wrote a letter to the USCBP. This was taking time and I didn't like being on overstay so I returned to the UK after having my broken humerus fixed.
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Old Sep 10th 2012, 12:54 am
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
My lawyer originally took me to Homeland Security to apply for an extension on the VW
Does your lawyer specialize in immigration law?
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Old Sep 10th 2012, 1:05 am
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
I had extenuating circumstances for my overstay. My lawyer originally took me to Homeland Security to apply for an extension on the VW but as noone was helpful there he wrote a letter to the USCBP. This was taking time and I didn't like being on overstay so I returned to the UK after having my broken humerus fixed.
Wow! It's a good thing you didn't stick with that lawyer. There is no way to extend the VWP visit in the first place! He was barking up the wrong tree completely!

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Old Sep 10th 2012, 7:58 am
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Default Re: Any chance of Xmas in US?

He was an immigration lawyer but had no idea about the VWP!! In retrospect it was a good job I left when I did.
I will keep everyone posted on the K-1 situation. Thanks.
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Old Sep 10th 2012, 12:18 pm
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Default Re: Any chance of Xmas in US?

Originally Posted by JRG67 View Post
I had extenuating circumstances for my overstay.
Respectfully, US immigration doesn't care why you overstayed. They aren't known for their humanity or compassion.


In retrospect it was a good job I left when I did.
I daresay! Had you remained in the US for more than 6 months, you would have been immediately subject to a 3-year ban from the US the moment you left.

Ian
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Old Sep 10th 2012, 5:56 pm
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Default Re: Any chance of Xmas in US?

What branch of Homeland Security originally, I wonder? USCBP is a branch of Homeland Security.

Regards, JEff


Originally Posted by JRG67 View Post
I had extenuating circumstances for my overstay. My lawyer originally took me to Homeland Security to apply for an extension on the VW but as noone was helpful there he wrote a letter to the USCBP.
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Old Sep 10th 2012, 6:11 pm
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Default Re: Any chance of Xmas in US?

It was the one at Federal Plaza New York.
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