Returning to US after overstay, ex husband US citizen

[amber8]

Hi
Would be great to get some feedback. I went to the US in March 2004 fell in love with a US boy I met travelling, Due to extremely complicated reasons, I overstayed, we salvaged the relationship and married in Feb 05 and we both returned in earlly March 05 to start a life in the UK. When we returned he and I could have visited the US embassy and applied for a green card for me and pardon for my overstay. I only discovered this after we had split up and he had returned. Divorce is now ensuing. It has been over three years since I stepped foot in the country. My dillemma as I want to visit the states on a holiday in November is should I chance going on a visa waiver or go to the embassy and atttempt to get a visa and a waiver for my overstay and come clean??? Part of me feels that the latter will bring more trouble into my life. I am tied to the UK now and do not wish to ever live in the US

[Marco 72]

Would be great to get some feedback. I went to the US in March 2004 fell in love with a US boy I met travelling, Due to extremely complicated reasons, I overstayed, we salvaged the relationship and married in Feb 05 and we both returned in earlly March 05 to start a life in the UK. When we returned he and I could have visited the US embassy and applied for a green card for me and pardon for my overstay.

Actually it's not that simple.

It has been over three years since I stepped foot in the country. My dillemma as I want to visit the states on a holiday in November is should I chance going on a visa waiver or go to the embassy and atttempt to get a visa and a waiver for my overstay and come clean??? Part of me feels that the latter will bring more trouble into my life. I am tied to the UK now and do not wish to ever live in the US

It sounds like your overstay was shorter than a year, so there is no ban. However you are banned from using the VWP, so you'll have to apply for a visa in order to visit the US.

[amber8]

Thanks for your reply...If I apply for the visa on what grounds can I be refused. I did stay under the year. I know people who have ovestayed and returned to a different airport and not had any problems. I am woried that I will be refused a visa and if I had chanced returning on a waiver visa could havebeen succesful

[Marco 72]

Thanks for your reply...If I apply for the visa on what grounds can I be refused. I did stay under the year. I know people who have ovestayed and returned to a different airport and not had any problems. I am woried that I will be refused a visa and if I had chanced returning on a waiver visa could havebeen succesful

It could be that they don't spot your overstay on their screen, but do you really want to take the chance? Being denied entry means you could be detained, maybe handcuffed and taken to a detention center overnight, before being put on a flight back. It's not a pleasant experience, particularly after a long flight... And an expensive one as well.

A visa can be refused for any reason, but they'll be particularly interested in your connections to the UK. You overstayed in the past, which doesn't put you in a very good light, so you'll have to bring as much evidence as possible of your ties to the UK (letter from employer, rental/mortgage agreement, bank statements, etc).

[amber8]

What would you do? When I was going out I was questioned in an office as they found an old boarding pass mixed in with my documents and became suspicious. There was nothing to be suspicious about they were just doing their job. But does this mean that I maybe more likely to have been monitered and would have a lesser chance of getting through as I overstayed 8 months. I have a new passport since then as my old one was stolen since my return does this mean the numbers wont tally? I havent been fingerprinted or eye scanned either, ireally apreciate your replies by the way and thankyou