I overstayed in the States by 1001 days on the visa waiver program. I was immature at the time and I was about to marry my girlfriend who is a US citizen. Unfortunately my ex wife abandoned our disabled son and I had to return home to home and be a dad. My girlfriend and I stayed together, and we were just going to ride out the 10 years, we are still very much in love with each other. She's unable to visit Australia due to her situation and having a young child and I have the ban in place.

My question is, is there anything I can do to get back into the states for a 2 week visit, I miss my girlfriend a lot. I also have a dependant but he wouldn't be travelling with me.

Is there any chance of that happening?

  • How much time has actually passed? – Michael Hampton Jan 26 '20 at 8:15
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    2 years have passed since I left the states – Jeff Jan 26 '20 at 8:16
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    I am afraid you need to find a country that has some good family vacation spots that the girlfriend's child would enjoy, and easy entry for both your nationalities. – Patricia Shanahan Jan 26 '20 at 8:41
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    You're quite screwed. Even after the 10 years has passed the US will be reluctant to give you a visitor visa. If you intend to build a life with this person, she is going to have to travel. You might have had more options had you actually gotten married and wished to settle in the USA; if you still wish to do this, contact a US immigration lawyer. – Michael Hampton Jan 26 '20 at 9:14
  • Meet in Canada? – gerrit Jan 27 '20 at 8:42

You could try to apply for a B2 visitor visa, and if you were denied only due to the ban, and not due to immigrant intent, and if the visa officer recommends a waiver, you can apply for a nonimmigrant waiver for the ban. Unfortunately, you are very likely to be denied for immigrant intent (for which there is no waiver), both due to your past overstay, and due to you having a US citizen girlfriend living in the US whom you want to marry.

If you and your girlfriend want to marry and have you immigrate to the US, there are two options. If she can leave the US and you guys can meet up (doesn't matter if it's Australia or a third country), you guys can get married and then she can petition you and your child to immigrate. You would need to get an waiver to be able to immigrate before the ban is over; and an immigrant waiver for this ban would require you to show that your US citizen spouse would suffer "extreme hardship" if you can't be in the US.

Alternately, she could petition you for the K1 fiance visa; that way, you can get the K1 visa, and then marry in the US, and then apply for Adjustment of Status in the US. Getting the K1 would also require an immigrant waiver, which again would require you to show that your fiance would suffer "extreme hardship" if you can't be in the US. However, K1 requires that you and your fiance have met each other in person at least once in the 2 years before she petitions you, and it sounds like you guys don't meet that requirement as you left the US 2 years ago.

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    If OPs girlfriend is getting on OK now without him, then it will be very difficult to demonstrate "extreme hardship". – DJClayworth Jan 27 '20 at 1:14
  • Thank you for your reply, it seems I have a huge battle in front of me but at least there are options. It gives me a lot to research and even more to think about, I appreciate your replies very much. – Jeff Jan 27 '20 at 2:23
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    It has to be pointed out that these "options" are a) going to be very expensive and b) are very unlikely to succeed. Getting together in Australia is unquestionably your best option. – DJClayworth Jan 27 '20 at 4:23

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