now I'm worried

[gezvinda]

Been reading through some threads on here just to get a feel for stuff. We've submitted our I-130 and its in processing. My main concern is that I will be denied entry into the US as I travelled on a esta visa - I had a return ticket - and whilst we decided to get married there within that time - we did consult a lawyer in the US to ask the best way to proceed. As we had not intended to marry - we were led to believe that the best way to proceed was for the lawyer to apply for me to adjust status. Unfortunately due to my father's ill health I had to return to England - I think I was about 10 days over my visa. Has this jeapordised my chances of entry? I appreciate that there is a waiting time for the processing - but am anxious that we will be waiting for 6months or so only to be told that I am not longer able to enter the states. I'm so confused some people have said that I should be okay - others are saying I will definitely get refused. Please help - I know I've asked a similar question before - but am getting conflicting answers and terrified that I'm never going to be able to be with my husband in the states....

[Davis1]

Originally Posted by gezvinda

Been reading through some threads on here just to get a feel for stuff. We've submitted our I-130 and its in processing. My main concern is that I will be denied entry into the US as I travelled on a esta visa - I had a return ticket - and whilst we decided to get married there within that time - we did consult a lawyer in the US to ask the best way to proceed. As we had not intended to marry - we were led to believe that the best way to proceed was for the lawyer to apply for me to adjust status. Unfortunately due to my father's ill health I had to return to England - I think I was about 10 days over my visa. Has this jeapordised my chances of entry? I appreciate that there is a waiting time for the processing - but am anxious that we will be waiting for 6months or so only to be told that I am not longer able to enter the states. I'm so confused some people have said that I should be okay - others are saying I will definitely get refused. Please help - I know I've asked a similar question before - but am getting conflicting answers and terrified that I'm never going to be able to be with my husband in the states....

if you overstay a visa waiver you cannot use the visa waiver again ..ever
you would have to apply for a B-2 if its denieds you really are in trouble
better to file the CR1 and let it go thru as a spousal visa as it should have been originally
spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

these people are not to be played with ...a cautionary tale

Barbara Dixon and Richard Cross locked up in U.S. after visa blunder | Mail Online

[twostep]

Please correct me - you married spontaneously while in the US on VWP, an attorney filed your Adjustment of Status, the application was in process when you had to leave the US with nine days of overstay based on the original VWP entry?

[gezvinda]

Originally Posted by twostep

Please correct me - you married spontaneously while in the US on VWP, an attorney filed your Adjustment of Status, the application was in process when you had to leave the US with nine days of overstay based on the original VWP entry?

It was totally spontaneous - we aren't stupid enough (or perhaps too stupid) to think we could circumnavigate the US immigration system. We approached a lawyer as we didn't know the first thing about immigration - he seemed to give the impression it wouldn't be a problem - I did have reservations after speaking to him - but being a lawyer he obviously knew more than I. We paid our retainer and he sent us the appropriate forms to complete - prior to submitting anything - I returned to the UK having overstayed by about 9/10 days - Truth be told I would have been within the time frame for esta if I could have obtained a ticket at the right time - I really cocked up I think. So in answer to your question - no - the application was not in the process - All that happened is that we paid $1000.00 to a lawyer who saw us for a consultation and sent us one letter and a couple of information forms for us to complete. (nice work if you can get it!!)

We are now "in inital review" at Vermont Service Centre, having received our receipt (NOA1) on 5th July 2012... Just terrified I've ruined our lives before we even had chance to start them.

[twostep]

Originally Posted by gezvinda

It was totally spontaneous - we aren't stupid enough (or perhaps too stupid) to think we could circumnavigate the US immigration system. We approached a lawyer as we didn't know the first thing about immigration - he seemed to give the impression it wouldn't be a problem - I did have reservations after speaking to him - but being a lawyer he obviously knew more than I. We paid our retainer and he sent us the appropriate forms to complete - prior to submitting anything - I returned to the UK having overstayed by about 9/10 days - Truth be told I would have been within the time frame for esta if I could have obtained a ticket at the right time - I really cocked up I think. So in answer to your question - no - the application was not in the process - All that happened is that we paid $1000.00 to a lawyer who saw us for a consultation and sent us one letter and a couple of information forms for us to complete. (nice work if you can get it!!)

We are now "in inital review" at Vermont Service Centre, having received our receipt (NOA1) on 5th July 2012... Just terrified I've ruined our lives before we even had chance to start them.

Unless there is more to the story - quit worrying. It is extremely unlikely that such a short overstay which you have a good explanation for will have an impact. Pesonally I would not apply for B2 but sit things out in the UK. Enjoy the time you have there, visit with family, friends, places.

Does anyone have an official link stating overstay (under 180 days) voids ESTA/VWP priviliges permanently?Thank you.