evanio1978

Good Morning,

I am a UK Citizen residing in the UK who is marrying a US citizen in Feb 2006. I am due to attend in two weeks my Interview at the American Embassy in London for my K1 Visa and would appreciate some advise.

In 2003 I overstayed a VWP by 1.5 months in 2003. Throughout my time in the US I was not aware of my overstay as I had lost my I-194 and I had been travelling the world in 2003 with multiple visits into the US (leaving the US visiting Mexico returning to the US going to New Zealand and then re entering the US). The stamp in my passport was not visible and I honestly thought that the maximum stay in the US in one year was six months (only recently found out that this period is for B2 Visa’s). To cut a long story short In 2004 I re visited the US to pick my fiancée up as she was moving to the UK for a year – I had no problems or issues at the border post over my previous overstay.

Only recently I became aware of my overstay in 2003 and declared it on my K1 the application (DS - 156). Whilst I’m aware that the actual overstay does not render me inadmissible to the US - Will the Consular Office consider my re entry into the US in 2004 as Visa fraud ? If I was aware of my overstay on my visit in 2004 I would not have even chanced crossing the border.

Reading an article recently - Congress has passed a bill giving INS and the State Department the authority to pass a one time parole for people with minor overstays – Will the Consular Officer take this into consideration and if not can I refer him to this bill ?

Thanks for your help

Regards,

A stressed out Brit....

Rete

I have copied and moved your thread to the marriage-based visa forum where you will probably get the most reliable answers to your post. This forum is for cultural experiences in the US.

Rete
Moderator

Manc

First of all. I commend you for declaring the overstay.

Never lie to the USCIS.

I don't know if it will have any effect.

Best Case Scenario - No harm no foul. slap on the wrist and you'll be ok.

Worst Case scenario - 3 year ban from entering the USA.

find a good immigration attorney.

evanio1978

Manc

Thanks for your reply mate. How comes a three year ban when it's under the threshold of 180 days overstay (3 year ban) and one year overstay (10 year ban)

Rete

You entered the US again after the fact under the VWP without having the right to do so.

Overstays are not the only way that one can obtain a ban from entering the US.

Rete

evanio1978

Thanks - If the consular officer sees this as visa fraud i'm in serious trouble (permenant ban)...

I honestly didn't relise what I was doing. Tough s***t now I suppose.... The thing is I was even told by an immigration lawyer to lie about my overstay as there is no way they can prove when I left. That to me is playing with fire.

Manc

I agree.
if you are banned, it isn't the end of the world.
There are 2 options left.

1) your fiance can file a waiver to help you. (I think it's called a waiver of inadmissibility, but could be wrong.)

2) she moves to the UK, get married there, live there for 3 years and then DCF back to the USA when the ban is over.

evanio1978

What's the consular officers like in London ?

My fiancee is attending the interview as she lives with me in London - hopefully they will turn a blind eye when a fellow US Citizen is actually present.

Here's hoping...

evanio1978

From people's opinions - if you not knowingly overstay a WVP and re enter on a VWP does that constitute visa fraud ?

Manc

yes, once you've overstayed, you are not allowed to use the VWP again.

evanio1978

http://www.usvisanews.com/articles/memo2309.shtml

this will help .

Duncan Roberts

Firstly, I didn't think that you could bring people with you unless they were applying for a visa as well, but I could be wrong.
The people who I spoke to in London were fine, I accidentally said a few things that were conflicting with what I had on my application, but they didn't say anything.
If you didn't stay contunually for more than 3 months, it might be OK. If you stayed for 4.5 months continually I don't know.
The fact that your application has it on and you have got this far, I would imagine is a good sign.

evanio1978

Duncan

Thanks for your help. Apprently US Citizens who live in the UK with thier partners have to attend the interview to have thier 1-134 signed by the consular officers.

I overstay 1.5 months so fingers crossed. Seriously s***ting myself at the moment.

evanio1978

sorry duncan misread your post - i did stay continually for 4.5 months.

AdobePinon

I'm envisioning great things for you, evanio. The immigration and state dept people are usually really good when you meet with them vis-a-vis outside of an airport. They tend to be quite understanding, so I think your chances are good as long as you're straight with them.

On one particular occasion when I applied in person for a new F visa in a third country (because you can't even get in the door at London), the Consular General even sat down with me to rearrange my 'life plan' to smooth over the potential (then future) immigration pitfalls. Made about ten years of my life much more pleasant. Very nice chap, but I guess he'll have to remain nameless.