British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   help (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/help-264999/)

carrieford Nov 7th 2004 4:51 pm

help
 
ok iam from the uk and my partner is from texas,When i last went to see him on the last day of my visit we got married we just love each other we didnt think hey do we need a visa but since then in the light of day we now have to deal with this i was only over on the visa waiver programme so question 1 did we break any laws god i hope and prey we didnt,
2 what can we do now what kind of visa can we go for so i can live with my husband in texas
we are such a mess if anyone can help or give advice we would deeply appreciate it thanks

MightBe Nov 7th 2004 5:02 pm

Re: help
 

Originally Posted by carrieford
ok iam from the uk and my partner is from texas,When i last went to see him on the last day of my visit we got married we just love each other we didnt think hey do we need a visa but since then in the light of day we now have to deal with this i was only over on the visa waiver programme so question 1 did we break any laws god i hope and prey we didnt,
2 what can we do now what kind of visa can we go for so i can live with my husband in texas
we are such a mess if anyone can help or give advice we would deeply appreciate it thanks

Should have stayed and filed .
You will need a K-3 visa. go read here
http://www.visajourney.com/faq/k1faq.htm

carrieford Nov 7th 2004 5:23 pm

Re: help
 

Originally Posted by MightBe
Should have stayed and filed .
You will need a K-3 visa. go read here
http://www.visajourney.com/faq/k1faq.htm

so i cant go over and do that now

MightBe Nov 7th 2004 5:36 pm

Re: help
 

Originally Posted by carrieford
so i cant go over and do that now

nope too late now! has to be done following a spur of the moment marriage.

ian-mstm Nov 7th 2004 7:57 pm

Re: help
 

Originally Posted by carrieford
1 did we break any laws

No, as long as you didn't intend to get married when you entered the US.



2 what can we do now what kind of visa can we go for so i can live with my husband in texas
If you are still in the US, don't leave... it's much easier to adjust status if you're in the US. If you are back in the UK, you and hubby will need to go the K-3 route. Lots of paperperwork, and probably a long time apart, but at this point in time, it's really your only good option. Good luck.

Ian

carrieford Nov 7th 2004 9:21 pm

Re: help
 

Originally Posted by ian-mstm
No, as long as you didn't intend to get married when you entered the US.



If you are still in the US, don't leave... it's much easier to adjust status if you're in the US. If you are back in the UK, you and hubby will need to go the K-3 route. Lots of paperperwork, and probably a long time apart, but at this point in time, it's really your only good option. Good luck.

Ian

so if i go bk know i cant stay

MightBe Nov 7th 2004 9:24 pm

Re: help
 

Originally Posted by carrieford
so if i go bk know i cant stay

As you are now married to a US citizen you may have trouble in getting in
you will be assumed to be an intending immigrant without the proper visa
and be returned to the UK on the next plane .
Get hubby to start filing.

sphyrapicus Nov 7th 2004 9:27 pm

Re: help
 

Originally Posted by carrieford
so if i go bk know i cant stay

What does this mean?

MightBe Nov 7th 2004 9:29 pm

Re: help
 

Originally Posted by sphyrapicus
What does this mean?

Damn bird can't even read pigeon English.

carrieford Nov 7th 2004 9:54 pm

Re: help
 

Originally Posted by MightBe
Damn bird can't even read pigeon English.

sorry if i go back now cant i stay

sphyrapicus Nov 7th 2004 10:02 pm

Re: help
 

Originally Posted by carrieford
sorry if i go back now cant i stay


If I go back now, can't I stay?

The logic is escaping me. That's like saying:

"If I die now, can't I live?"

"If I get married, can't I be single?"

"If I get pregnant, can't I be a virgin?"

ian-mstm Nov 7th 2004 10:22 pm

Re: help
 

Originally Posted by carrieford
so if i go bk know i cant stay

As MightBe said, if you return to the US, the officer may assume (whether true or not) that since you are married to a US citizen, your "visit" is, in fact, an immigration and not a visit. Nothing you say will change his mind. You will likely be turned back at the border and put on the next plane back to the UK. Anyway, it won't look good on any papers that must subsequently be filed - and you really won't want to lie about it. That'll just make things worse.

Alas, this is one of those situations where you really should have looked before you leaped!

Ian

Rete Nov 7th 2004 10:28 pm

Re: help
 
She didn't say "visit". She said "stay".

Sorry but you lost your one chance when you left the US to return to the UK. Now your choices are very limited. Husband has to file an I-130 for you at the Texas Service Center and then when he gets the receipt for that, he can file an I-129F at the Chicago address on the form for a K-3. After the I-129F is approved in about 3 to 6 months, you will start the processing for the K-3 at the US Consulate in London. You might be here in the US within 6 to 9 months.

Coming for a visit is iffy as Ian mentioned because you clearly have intent to migrate as you have a USC spouse.

Rete


Originally Posted by ian-mstm
As MightBe said, if you return to the US, the officer may assume (whether true or not) that since you are married to a US citizen, your "visit" is, in fact, an immigration and not a visit. Nothing you say will change his mind. You will likely be turned back at the border and put on the next plane back to the UK. Anyway, it won't look good on any papers that must subsequently be filed - and you really won't want to lie about it. That'll just make things worse.

Alas, this is one of those situations where you really should have looked before you leaped!

Ian


ian-mstm Nov 7th 2004 10:28 pm

Re: help
 

Originally Posted by MightBe
Damn bird can't even read pigeon English.

Snirk! Good one! :)

Ian

CaliforniaBride Nov 7th 2004 10:39 pm

Re: help
 

Originally Posted by carrieford
ok iam from the uk and my partner is from texas,When i last went to see him on the last day of my visit we got married we just love each other we didnt think hey do we need a visa but since then in the light of day we now have to deal with this i was only over on the visa waiver programme so question 1 did we break any laws god i hope and prey we didnt,
2 what can we do now what kind of visa can we go for so i can live with my husband in texas
we are such a mess if anyone can help or give advice we would deeply appreciate it thanks


MightBe has given you an excellent link.

You didn't break any laws. Now you have returned to the UK you will need to file for a spousal visa, a K3 visa.

If you had stayed in the US you could have stayed and filed for AOS (Adjustment of Status). BUT only if you had come on the VWP with NO intention of getting married.

If you come with intention to marry you must leave the US and return on a K3 visa.

Read up on K3 visas. It's a relatively straightforward process and this forum is a great resource.

Good luck with it.


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