Dekka's Angel

I agree wholeheartedly, but rather than risk being labeled judgmental again since Rumple and Mrs. Stilskin seem confident they have matters well in hand in terms of their life choices, I shall not dispense any. Besides, as Rete said, they have exhausted the immigration advice, legal and practical, available from the NG. Nobody can truthfully give them the reassurance about their outcome they seek here because even with all the information the outcomes appear uncertain. So I'd recommend calling an immigration lawyer as before.

P.S. I admit I am still offended by Rumple's choice of words, all of which continue to scream that he believes he and his partner should be "above" suffering through a temporary separation if the alternative is honoring the spirit and intent of the immigration law (as opposed to just the letter of it; both are equally important to me although clearly not to everyone if it gets them what they want). And I'm still unsympathetic -- particularly after reading Mrs.' story in which it is clear that there is nothing whatsoever preventing her from moving to the UK (I am deeply sad for her for many other reasons, however -- but that comes into the Life Advice category so I will shut up). But then again Rumple's use of words like "bitter and twisted" to describe folks who didn't agree with what he wanted to hear and recommended a different course of action than he wanted to take tend to lead to those types of reactions in me.

P.P.S. I'd actually argue that that the time they lived together *would* normally count for I-134 purposes, but shouldn't count in this case. Folks live together all the time, "playing house" or no, sometimes for years at a time. And, during that time, they often commingle finances just like a married couple. If Rumple was allowed to be here unconditionally for the 6-month trigger period (i.e. he could legally be in the US for 6 continuous months or longer without having to exit) then I would argue strongly that BCIS regulations as written cannot exclude his income for affidavit of support purposes merely because he and Mrs. Rumple are unmarried. But, of course, the detail devil here is that Mr. Rumple cannot legally be in the US for 6 continuous months without exit, can he? So how can he possibly utilize his previous 6 months of income for affidavit purposes, without admitting to considering himself "living with" this woman in the US (which clearly he cannot do under he VWP, because he's supposed to be a *visitor*, not a resident)?

meauxna

Yeah, what DA said. Everything. BooHoo, sad story and all that. Somewhere up the thread in some ramblings, this link FROM the London Embassy website jumped to mind: http://www.usembassy.org.uk/cons_web...faq_spouse.htm
"Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified."

Dollars to doughnuts that Mr. R could not pass the 'residency' test from BCIS/DoS standards.

These 2 questions are also answered on the same page:
"If I cannot sponsor my fiancé(e) how can he/reside with me in the United States?
Your fiancé(e) will be required to qualify for a visa either in one of the employment based preference categories, or through the Diversity Visa Program commonly known as the lottery."

"Can my fiancé(e) work in the United States before we marry?
The BCIS may grant permission for the alien fiancé(e) to take up employment in the United States before the marriage takes place. To obtain employment authorization your fiancé(e) will need to file form I-765 with the BCIS Service Center which covers his or her place of residence in the U.S after his or her arrival there. Questions concerning employment should be directed to BCIS."

These 2 remind me of older versions of a couple from Atlanta that visited us briefly last year. Mudslinging started there too. With judgements like "bitter & twisted" being offered up, who is motivated to help these people in any way? Too bad, too. I, like DA (above) am all about using loopholes to my advantage. Anyone's who's followed my story knows it, too. So no, I'm not bitter, I'm off for a day out with my DAH, the Green Card holder who lives legally in the US. We won't fritter any money away today tho; we want to go to Greece this summer & have to prioritize.

grouchy

not to refrain on the life advice issue--but if you think college classes are boring, just try living a life without having your own accomplishments. That will take the cake in the boredom department.

I feel qualified to say this as I was once an 18 year old girl married to a UK guy and living in Scotland


Good luck

meauxna

You're absolutely right, Jenney. See my post above with the Embassy's response to this situation.
The DAH and I got to count our "playing house" time because we did it legally, with residence permits for the country we lived in.

bequibar

any updates on this?

Rete

On what?

Rete

bequibar

oh you know, our how the world turns in the us marriage-based-immigration-visa days of our lives saga...
just curious what rumpel and mrs stilskin are doing about the mess they're in.

it's my personal experience that ins doesn't like you residing in the usa regardless of whether or not you took a job. i can't relate to any of the rest of their story, but can empathise because we too played house. not as long as they did and not as blatantly obvious, but i realised the mistake and corrected it and now i'm curious how they're going through this.

is he still in the states?

she should wise up and take her life in her hands though, can't remain sheltered forever. i'm sure she could at least wait tables or something (no job that requires a resume and interview will ever hire a fresh-out-of highschool college dropout) or begin having a yard sale if they're moving to britain.

my 2 cents.

Aliluv

I feel the need to point out that if you get married and file for AOS now you will most likely have a hard time proving there was no intent to get married when you entered the U.S. becuase you already had a fiance visa in the works.

That may end up being a huge problem.

Also When I was 19 I dated a 30 year old and I thought all I wanted was to get married, I laugh when I think about it now.
You are young so you robably wont listen but I'm just sayin...

Rumplestiltskin

Update for all the good people out there (the rest of you know where to go).

We got married in July 2003 whilst still in the states and were planning to move back to UK.

Mrs Stiltskin got pregnant 3 days after getting married (what a fertile pair!).

Our intention then became to stay in US till baby was born so that he at least could travel between US and UK without the same restrictions posed upon his father.

The UK company I was working for went belly up in November 2003 making it impossible for us to stay in US till baby was born... unless...

We figured that our savings could last us till May 2004 giving us time for our son to be born over here and we also decided to file an AOS.

Received EAD last week after all the SP.

In 12 days(ish) our son will be born :-D

Should receive SSN by end of April hopefully allowing me to start work just before we go bankrupt!

Then it's the wait for the actual AOS interview some time around mid 2005.

FlyergirlUK

Wow! I was just perusing this thread and wondering why it had been resurrected, having noticed the dates of the posts. Certainly made for an interesting read! I was wondering what had become of you, the OP.

Congratulations, belatedly, on the marriage and also on the impending birth of your rug-rat!

Best wishes

Tam

Rumplestiltskin

Thank you very much Tam

Aliluv

Good luck to you both. I love it when things work out.

meauxna

Congrats on your impending bundle as it seems you're happy about it.
Your child will/would be an American Citizen regardless of where he births himself, so he would have no travel restriction. He'll also be eligible for UK citz should you register his birth with your local Consulate.
Glad to hear it's all coming up roses!

bequibar

Congratulations

GLAD TO KNOW IT WORKED OUT!

Just curious... what did you end up doing, did you marry under the visa waiver and afterwards aos-ed?

curlylocks

Just glanced through this old but interesting thread - and am curious myslef - what is the longer story?
Did you get a good immigration attorney? - or did u just marry on the VW?

Congrats by the way - am really glad it is all working out for you.
How's the wife and new baby?!