USoverstayer but now living in the UK planning to visit US

My husband and I are planning a trip to the US in December to visit some family and friends I have living in the US. I am from outside of the EU and require a visa to visit the US. I currently switched from student status to further leave to remain as a spouse. The reason for our trip is so my friends and family meet my husband, as they haven't had a chance to yet and were unable to attend our wedding. I feel there are some problems that might get in the way of getting a tourist for myself, (my husband is British).

I am originally from Bolivia and my mother and I moved to the US when I was one or two. We got there on a 10 year visitor's visa and overstayed. My mother was a single mother at the time and needed support from family living in the US. They were overstayers at that point in time, but now my aunt is an US citizen and my grandmother is a US resident in the process of applying for her citizenship. My mother decided to move back to Bolivia when I was 11 and we lived in Bolivia for a year. My aunt, whom I mentioned before, got pregnant and needed help and support during her last trimester as her husband was shipping out to Korea for military duty. So my mother applied for another visitor's visa, but this time we were only given three months. So after the three months passed we stayed and continued living in the US. When I turned 18, I decided to leave and study in the UK. I left and have been living in the UK ever since. My husband and I have plans to continue living here as he is still studying at university, but we're eager to reunite with my family, as my mother and siblings are still in the US.

Now, I know I will need to apply for a visitor's visa soon, but I just want to know what are my chances of getting a visa. My aunt and uncle are willing to cover most, if not all, of our expenses. I am working at the moment, so I do have ties here in the UK. I just need advice on what declare on my application. I don't know how my overstayer past will affect this application.

How long after you turned 18 did you actually leave? Also how long ago is this? The way i understand it, minors do not accrue illegal presence until the day they turn 18. So apparantely the clock starts ticking when they turn 18. Whereas adults would be be banned as follows

Overstay for less than 180days - No ban
Overstay 180 days to a year - 3 years ban
More than a year - 10 year ban

So even if you are not 'banned' you will still need to satisfy the usual 'close ties to home' criteria. I think the Visa officer at the embassy may very well take into consideration the fact that you overstayed before so your overall evidence for showing your ties in the UK would need to be very strong.

Just on the side how long are you to go before you can get ILR / British Citizenship? and when did you want to go to the US?

f2k wrote:How long after you turned 18 did you actually leave? Also how long ago is this? The way i understand it, minors do not accrue illegal presence until the day they turn 18. So apparantely the clock starts ticking when they turn 18. Whereas adults would be be banned as follows

Overstay for less than 180days - No ban
Overstay 180 days to a year - 3 years ban
More than a year - 10 year ban

So even if you are not 'banned' you will still need to satisfy the usual 'close ties to home' criteria. I think the Visa officer at the embassy may very well take into consideration the fact that you overstayed before so your overall evidence for showing your ties in the UK would need to be very strong.

Just on the side how long are you to go before you can get ILR / British Citizenship? and when did you want to go to the US?

Thanks for the reply!

I left in August 2007, I think. It was stamped in my old passport before I got a new one in Bolivia. My 18th birthday was in December 2006. I had to wait until I graduated from high school in June. I arrived in Scotland in September 2007 for university.

I was just granted Further Leave to Remain as a spouse and begun my two year probation period. In two years, I can apply for ILR, which I will do because my husband and I intend to live in the UK for a long time. We want to go to the US around the 21st of December. I figured I would call for an appointment in October for later in the month or November. I am looking to start a new job soon working full-time. My ties within the UK are quite strong as I will my supporting my husband financially as he is currently studying and going off to university next year. What other ways could I prove strong ties?

it looks like the 3 year period has passed so you should be able to apply.

with regards to ties you are probably looking at permanent job, maybe property, family.

If i remember correctly on the forms you complete for the visa one of the questions is about the whereabouts of your immediate family which might be a problem for you