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B2 Visa After VWP Overstay Due To Illness

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  • B2 Visa After VWP Overstay Due To Illness

    Hello,
    I am an Australian citizen engaged to a US citizen who I met on the internet in early 2012,I traveled to the US in August 2012 arriving at LAX on
    August 16,I was admitted under the VWP program and my departure date was set as November 13 2012,the time I spent with my new love was fantastic except for
    a couple of things,in early September she fell and broke a bone in her leg and was off work for 7 weeks ,unable to work and with little cash the situation was desperate and the stress of the situation led me to have a mild heart attack,the recovery process from this was slow and as a result I did not depart until January 5 2013 so I overstayed by about 53 days ,I returned to Australia and my relationship has developed to such an extent that I wish to marry my fiance ,and I wish to return to the US to do it,I should perhaps advise that at this point in time I don't want to immigrate,my fiance wants to come and live in Australia and we have started the process of applying for a partner visa for her,however I know that as I did the wrong thing with the VWP that I can never use that program again however my question is if I applied for a B2 visa to travel to the US for the wedding is there any chance that I would be approved or am I banned for 5 years,obviously this is a very serious matter because if I was refused then our wedding plans would have to be changed and we would have to marry here in Australia.
    I would appreciate any advice about my situation.
    Cheers
    N'oz
    Last edited by Nigelfromoz; 09-15-2014, 08:44 AM. Reason: Spelling

  • #2
    An overstay of less than 180 days does not incur a re-entry bar. They will not refuse you a visa on that technical issue but they will want to know why you overstayed. You should be able to
    prove illness with documents, that can take care of that. But more important second issue would be the purpose of visit. Visiting a US citizen fiancée can be a bad purpose for a visitor visa as it points to an immigrant intent.

    You can take a shot at a visitor visa application . If denied, you will have to change your plans.

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