worriedsomenow...

Hi I am new to this site (1st post for me) I have read LOTS of threads on my scenario, but am unsure of what to do..........
I met my "NOW" USC husband slightly more than 2years ago....I am a UKC......
I have travelled to USA several times (6 times), staying different lengths each time but for no longer than 90 days, he also came to UK twice for a similar amount of time....(no longer than 90 days) only because we didnt realise he could come for 6 months!!!!.
ANYWAY.....MY POINT IS..........(shaking as I type now) I entered on "VWP" again......and we got MARRIED on Monday .........I must stress this was NOT planned........We have completed the relevant papers, but I decided to check OP situations regarding the same......Neither of us wants to be parted AGAIN!! ........although I DO have a return ticket..... Any/All advice gratefully received

ian-mstm

It is perfectly legal to get married in the US while on the VWP.


No one ever wants to be parted... but US immigration doesn't always allow for what we want. If you haven't yet overstayed your 90 days, you've done nothing wrong.

The trick with VWP to AOS is proving to the interviewing officer that you didn't intend to stay in the US when you entered. He might believe you... he might not. If he believes you, great! If he doesn't believe you, you'll likely be detained on the spot and returned to the UK. At that point, your husband will need to file for a spouse visa for you.

Or... you could forego all the doubt and worry and return to the UK using your current ticket. Your husband can still file the I-130 before you leave, and in about 8-10 months, you'll have an immigrant visa and will be able to return to the US with no worries. You'll immediately become a US permanent resident (= green card) the day you enter the US with your immigrant visa.

During this 8-10 months, you can both visit each other... so you don't have to be separated as much as you might think.

This is the safe way! Of course, if you have a high risk tolerance for failure then you can pursue your current course.

Ian

Noorah101

Assuming there was no ban imposed, for having misrepresented herself at the POE.

And, if there is a ban, they will need to do a UK immigrant visa for her husband.

Rene

worriedsomenow...

So you are saying....Go back to UK?

You also say we can still visit each, maybe I am dumb, but would it not make more sense to stay together, rather than jet all over the place?

We met through curiosity and fell in love.
We just want to be together and it is not straight forward at all


With the relations between out 2 countries....why do they make it so difficult?

worriedsomenow...

Rene

What do you mean by misrepresenting myself at POE?

and UK immigrant visa for my husband??

Okay now I am really worried

Noorah101

The safest route would be for you to go back to the UK and do the Immigrant Visa process yes.

It might make sense to you, but USCIS is not known for making sense. Staying together and filing AOS has pitfalls. Returning to the UK and then visiting during the process does not.

Correct. US Immigration is not straightforward. It's a process, with many steps involved.

It's not difficult, really, just time consuming. And the relations between US and UK have nothing to do with it...the USA has certain immigration laws that apply to anyone outside the USA, from any country in the world, who wants to immigrate to the USA. It doesn't matter if you're from the UK, Canada, or Iran....the US Immigration process is exactly the same.

Rene

Noorah101

I'm saying that if you choose to file AOS right now, after your entry on the VWP, and the interviewing officer does not believe you had non-immigrant intent when you entered at the POE, they can deny your AOS. They can believe that you misrepresented yourself as a tourist, when actually you might have meant to immigrate.

I'm not saying that's how yours will go...no one can predict. I'm saying it's a possibility that you have to consider.

IF the officer denies your AOS, you will be removed from the USA, and a ban could be put in effect. In that case, if you still want to stay together, your husband would have to immigrate to the UK.

If you have a high risk tolerance, you can file AOS. If you do not, then you should do the Immigrant Visa process.

Rene

worriedsomenow...

Okay I understand they will interview me. I still have my house back in UK, surely if I was going to come with intent of staying I would have sold my property, told my friends etc etc

ian-mstm

I can't begin to tell you how many people wouldn't give that a second thought. Houses can be sold through an estate agent, friends can be updated via Skype or Facebook... and on and on. I'm just pointing out, that people do these things - so while you might think it'd be unusual for people to do that, all you need do is hang around this forum for a while!

Please understand, we're not trying to scare you or upset you. We want you to be successful in your journey. We're pointing out the VWP to AOS risks and giving you answers so that when you make a decision as to which route to travel, you'll be making an informed decision.

Ian

worriedsomenow...

Thankyou Ian and Rene I do appreciate the information I did think this would be the response, but wanted to ask anyway.
I will discuss it with my SO and update accordingly.

Any further information would be gratefully received

Noorah101

If you truly feel you had no immigrant intent at the POE, you can file AOS. A high percentage of folks who do this are successful.

We are just making you aware of what CAN happen IF the officer does not believe you had non-immigrant intent.

Rene

Noorah101

How much longer do you have on this VWP visit?

Rene

worriedsomenow...

I still have 39 days!!!

If I do go back to the UK...how long before I can turn round and come back?

Noorah101

If you decide to file AOS, make sure you do it before the 90 days is up.

Best rule of thumb for visiting on the VWP is to spend more time outside the USA than inside. So, if you are here for 50 days, spend 50+ days outside the USA before attempting another VWP visit. The longer outside the USA, the better your chances of visiting again.

Rene

worriedsomenow...

We will decide within the next few days whether AOS will be filed!!

Would I still enter on VWP if we do immigrant visa? I thought I could go back for say a week or so, sort things out and return?