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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

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

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so i cant go over and do that now

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

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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

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so if i go bk know i cant stay

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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.

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What does this mean?

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Damn bird can't even read pigeon English.

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sorry if i go back now cant i stay

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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?"

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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

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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

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Snirk! Good one! :)

Ian

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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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Oh, I didn't see where the OP said she was back in the UK...

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

So, she means, "Can I stay with my husband if I return to the United States"

I thought she was still in the U.S. asking about going back to the UK.

It's clear as mud now... ;)

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Hey there Carrie!

Welcome to the NG!!

I am sorry to tell you this but your husband is gonna have to file an I-130 for you at the service center in his jurisdiction (Texas), once he gets the receipt.. he will have to file the I-129.. to start the K3 process.
Here is a helpful link your husband and you can start reading:
http://www.visajourney.com/faq/index.htm#step%209
If you have any questions after reading the the FAQ come back and ask us!!:)
Have a nice day!!

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[QUOTE=CaliforniaBride]MightBe has given you an excellent link.

so i cant go back and stay this is so hard we just found out iam pregnant i feel so happy and yet so sad as we cant share it
do you ever think god would of said hey yeah fall in love but dont forget your visa lol i know it has to be done the right way but oh my its hard thanks for everyones help this website is the best

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[QUOTE=carrieford]If you are pregnant that is a reason to ask for your I-129F to be expedited. Your husband will include a letter from the doctor as to your medical condition and include it along with a letter asking for expedition of his I-129F for you.

But note something, carrrie. In the US healthcare is not nationalized. Your pregnancy might or might not be covered under his healthcare. If he is working and has healthcare under his employer, then he should have you placed on that asap. That might or might not be possible and depends on the healthcare provider.

If it is not possible, you might be far better off remaining in the UK for the birth of your child so that you get proper care during the next nine months. Your child will still be a US citizen given the fact that his father is.

Rete

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sorry so what does this mean what is I-129f and does this mean i can stay if i go back over or do i have to apply for a visa first

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For Christ sake..go to this web site and read up what you have to do for a K-3 visa to get you back here ...
http://www.visajourney.com/forums/index.php?pg=k3guide

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As rete just said, if your pregnant, it might be worth waiting till you've had your kid, because your not a permanant resident, you might not get covered, well, he needs to find out asap because there are often lot of clauses in the healthcare, and if your not covered, a ballpark figure for a straight forward birth is $30K plus.

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It is still possible for you to visit your husband while the K3 visa is being processed.

The K3 is a visa that allows you to live here for up to two years while your greencard application is being processed.

Previously spouses would have to live in the UK until they got their greencard.

But, you can still visit your spuse while your K3 is being processed. You are still entitled to use the VWP to visit while you are waiting.

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Yup, but the burden of proof is on you to prove that you won't stay, so letter of work back home, rent, things like that should be brought as proof that you'll head back, or your likely just to be turn back at poe.

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thanks so much for your help do you think i can go with my hubby when i visit to file for my k-3 visa

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As mentioned before, you really need to go read the link provided earlier to see how the whole visa thing works. No, you can't go with your husband to file for your K-3 visa here in the states, because that's not how the system works. Basically, HE will file a petition for you here in the states. When that petition is approved, the consulate will send you some paperwork for YOU to complete and send back to them. Then you go for an interview at your consulate and they determine whether you get a visa or not. Those are the basics. Depending on where he lives in the USA and the consular processing times, you're looking a several months waiting time before you'll get a visa in hand. OK?

Also, be careful about coming to visit him while your visa process is underway. You will have to prove that you are not going to stay in the USA. Being engaged and pregnant does not bode well for proving you won't stay. Bring LOTS of proof that you WILL return to your home country.

Best Wishes,
Rene

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I think you may need to hire an immigration attorney because if you cant understand when we tell you to read the link and do some research, then i think you are not going to be able to get thru the ins and outs of filing all the forms, etc.

Good luck to you!
:)Marnee

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Worse yet, they are married not engaged.

Rete

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Hi Carrie

Congratualtions on your marriage and pregnancy. While I was back in Ireland waiting on my K3 I thought I was pregnant (I know that sounds stupid but I did 3 home pregnancy tests which came out positive then went to the doctor to confirm - not pregnant)But when I thought I was I contacted my immigration attorney who then contacted the INS to see about the possibility of expediting my visa application, they sent back a letter saying that while they sympathised they know that people have babies all over the world every day and this would not be a reason for them to speed up my application. Also when I tried to go back to my husband on the VWP and was stopped in Dublin i was told that i was inelligable to enter until all visa issues had been resolved, I took this to mean that I was not allowed to visit America until my k3 application was approved. My husband came over nad lived with me in Ireland. America is not the only place to live, your husband will be welcomed into the Uk if he gets an EEA family permit (takes about 2 weeks and 50 quid or so) he will be able to work straight away and you will still have the national health service.
good luck, hope this helps and hasnt disheartned you too much, I know it is a very emotional time for you but if you read through the posts here carefull you will see peole have been answering your questions, but as you are obviously so upset you dont seemto be taking the time to read them.
Steph

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I've been following your situation with great interest. You seem fixated on returning to the US and staying - this isn't going to be possible for quite some time. You need to accept this. Good luck! Oh, the occasional punctuation mark will really help make your posts more readable! I understand you have many things on your mind, so I won't make as big a deal out of it as I usually would.

Ian

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That's unfortunate but incorrect.

I visited my husband in the US while my K3 was pending as did others on this forum. As was pointed out it is important to take proof of your intent to return. While filing for a K3 means you do eventually have immigrant intent the point is that at the time of entering on VWP you must not have immigrant intent, that is you must intend to leave at the end of your stay.

It is quite clear here...

http://www.usembassy.org.uk/cons_web...e.htm#thirteen

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What a good doggie!

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The first thing you need to do is to have your husband file the I-130 ASAP. You need to start to get things in motion if you hope to be in the US for the birth. In the mean time, have him prepare your I-129F application. If you plan on doing this without a lawyer, you both must do research to learn the process inside and out. Don't trust anything any one person tells you (you'll find that there is a lot of bad advice out there, especially from the USCIS helpline)- find as many sources as you can. Arm yourself with knowledge - that's the best way to get here as quickly as possible.

You can worry about trying to visit while the K-3 is being processed later.

Megan

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Oh yeah...K3...duh. LOL :)

Rene

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thanks for that i am grateful for all my replies everyone has been so nice sorry i feel so emotional

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ok thanks for the advice

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thankyou so so much for all your advice you are very kind