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AOS from VWP.......advice needed please

AOS from VWP.......advice needed please

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Old Apr 18th 2012, 12:24 am
  #16  
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Default Re: AOS from VWP.......advice needed please

Originally Posted by 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?
Yes, you'd still use the VWP. One week back in the UK is not advisable.
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Old Apr 18th 2012, 12:33 am
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Default Re: AOS from VWP.......advice needed please

Originally Posted by 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?
With the amount of time you have spent in the US in the past two years (6 visits) plus your ability to go back now and return almost immediately , your ties to the UK appear tentative at best.

If you don't have a job to return to in the UK, your ability to marry and then be able to stay in the US is much easier and the "spur of the moment" ceremony less plausible.
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Old Apr 18th 2012, 9:49 am
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Default Re: AOS from VWP.......advice needed please

Originally Posted by SanDiegogirl
With the amount of time you have spent in the US in the past two years (6 visits) plus your ability to go back now and return almost immediately , your ties to the UK appear tentative at best.

If you don't have a job to return to in the UK, your ability to marry and then be able to stay in the US is much easier and the "spur of the moment" ceremony less plausible.
My ties to the UK are limited now, due to having the relationship with my now husband.
I don't have a job due to health reasons!!
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Old Apr 18th 2012, 9:56 am
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Default Re: AOS from VWP.......advice needed please

Originally Posted by worriedsomenow...
My ties to the UK are limited now, due to having the relationship with my now husband.
I don't have a job due to health reasons!!
In which case, I guess the question you have to ask your husband is would he be happy moving to the UK if your AOS is denied? If not, then there's your answer.

Good luck with whatever you decide (I'm another vote for the 'return to the UK and do it the 'proper' way to avoid risk' way btw).

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Old Apr 18th 2012, 12:42 pm
  #20  
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Default Re: AOS from VWP.......advice needed please

I see that this was not suggested to you and it is the best scenario for your situation:

Have a Consultation with an Immigrant Attorney.

Please do so before you rebook your flight to the UK, before you sign any papers and before you go for your medical. You claim to have married on the spur of the moment and if this is true then you need to get that consultation immediately as adjusting while here might be an option. Only an experienced immigration attorney can tell you if that is possible in your situation.

It is something you really need to do. While the information you have been given is correct, it is NOT the whole of it by a long shot. An immigration attorney can assist you by outlining 'everything' that will occur in the way of emigrating to the US as a spouse of a US Citizen.

Last edited by Rete; Apr 18th 2012 at 12:45 pm.
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Old Apr 18th 2012, 1:00 pm
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Default Re: AOS from VWP.......advice needed please

i agree with Rete about having a consultation with an immigration attorney. Keep in mind that many of them don't tell you what could happen if your AOS is denied, so if you get an attorney who says "sure, go ahead and AOS", then your very next question should be "what happens if it gets denied"?

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Old Apr 18th 2012, 1:10 pm
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Default Re: AOS from VWP.......advice needed please

Originally Posted by Rete
I see that this was not suggested to you and it is the best scenario for your situation:

Have a Consultation with an Immigrant Attorney.

Please do so before you rebook your flight to the UK, before you sign any papers and before you go for your medical. You claim to have married on the spur of the moment and if this is true then you need to get that consultation immediately as adjusting while here might be an option. Only an experienced immigration attorney can tell you if that is possible in your situation.

It is something you really need to do. While the information you have been given is correct, it is NOT the whole of it by a long shot. An immigration attorney can assist you by outlining 'everything' that will occur in the way of emigrating to the US as a spouse of a US Citizen.
Thank you, we have had a chat and we are going to go see an attorney
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Old Apr 18th 2012, 2:48 pm
  #23  
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Default Re: AOS from VWP.......advice needed please

Best post in the thread.

Regards, JEff


Originally Posted by Rete
I see that this was not suggested to you and it is the best scenario for your situation:

Have a Consultation with an Immigrant Attorney.

Please do so before you rebook your flight to the UK, before you sign any papers and before you go for your medical. You claim to have married on the spur of the moment and if this is true then you need to get that consultation immediately as adjusting while here might be an option. Only an experienced immigration attorney can tell you if that is possible in your situation.

It is something you really need to do. While the information you have been given is correct, it is NOT the whole of it by a long shot. An immigration attorney can assist you by outlining 'everything' that will occur in the way of emigrating to the US as a spouse of a US Citizen.
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Old Apr 19th 2012, 12:04 am
  #24  
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Default Re: AOS from VWP.......advice needed please

Originally Posted by worriedsomenow...
I don't have a job due to health reasons!!
Sorry, off-topic, but I wondered: if you move to the US permanently, will you have access to medical insurance that will treat a pre-existing condition so severe that you cannot work? I hope your husband has good coverage through his job.

And congratulations on your marriage!
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Old Apr 19th 2012, 12:36 am
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Default Re: AOS from VWP.......advice needed please

Originally Posted by MoshiMoshi
Sorry, off-topic, but I wondered: if you move to the US permanently, will you have access to medical insurance that will treat a pre-existing condition so severe that you cannot work? I hope your husband has good coverage through his job.

And congratulations on your marriage!
I was thinking this too.

Having lived here for a number of years with both Group and now Individual Insurance, there is no way that I would move to the US without guaranteed health cover. That really could lead to disaster.
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Old Apr 19th 2012, 12:38 am
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Default Re: AOS from VWP.......advice needed please

Originally Posted by MoshiMoshi
Sorry, off-topic, but I wondered: if you move to the US permanently, will you have access to medical insurance that will treat a pre-existing condition so severe that you cannot work? I hope your husband has good coverage through his job.

And congratulations on your marriage!
thank you for your concern, We have full coverage.

Also thank you for congrats we are both very happy and excited with our new journey.....

THANKYOU FOR ALL THE INPUT, WE APPRECIATE YOUR WISE WORDS, WHICH WE HAVE TAKEN ON BOARD THIS SITE IN A MIND OF INFORMATION
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Old Apr 19th 2012, 12:23 pm
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Default Re: AOS from VWP.......advice needed please

Originally Posted by worriedsomenow...
thank you for your concern, We have full coverage.

Also thank you for congrats we are both very happy and excited with our new journey.....

THANKYOU FOR ALL THE INPUT, WE APPRECIATE YOUR WISE WORDS, WHICH WE HAVE TAKEN ON BOARD THIS SITE IN A MIND OF INFORMATION
I did the same as you...married on the spur of the moment whilst visiting my other half on a VWP. Think I asked v similar questions to yours and decided best option (much as we hated to part) was to return home and do the CR1 route.
This was back at the beginning of October and I have visited my husband twice since (last time for 6 weeks) on the VWP.
Just yesterday got our case number at the NVC and looking at other timelines, am hoping this will mean Embassy interview mid July (if not sooner).
It does seem a long time to be apart but it's really not, in the big scheme of things, and I think it's best to do everything by the book. Gives you more peace of mind in the end! And with skype, cheap international calls (o2 to a fab bolt on!) and social network sites, the world really has become a smaller place and makes time apart a lot easier to bear.
People on this site have been so helpful and advice invaluable. I'm really glad I listened to their wise words and followed the CR1 route. Time has unbelievably passed quite quickly!!
Good luck to you and congratulations on your marriage!!
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Old Apr 21st 2012, 11:39 am
  #28  
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Default Re: AOS from VWP.......advice needed please

Another thing to note is that when AOS from VWP is denied, you do not have the right to appeal as you would if you had applied for AOS via the 'traditional' route.
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Old Apr 22nd 2012, 1:55 am
  #29  
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Default Re: AOS from VWP.......advice needed please

What is "AOS via the 'traditional' route."?

And what has tradition got to do with anything? We're dealing with law here, not with tradition.

Regards, JEff


Originally Posted by Peachbythebeach
Another thing to note is that when AOS from VWP is denied, you do not have the right to appeal as you would if you had applied for AOS via the 'traditional' route.
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Old Apr 22nd 2012, 4:08 am
  #30  
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Default Re: AOS from VWP.......advice needed please

Originally Posted by Peachbythebeach
Another thing to note is that when AOS from VWP is denied, you do not have the right to appeal as you would if you had applied for AOS via the 'traditional' route.
Instead of saying "traditional", I would say "if you had applied for AOS after arriving on a non-immigrant visa of some type".

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