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Already married to usc, wanting to move now

Already married to usc, wanting to move now

Old Nov 12th 2015, 1:30 pm
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Default Already married to usc, wanting to move now

OK, i was in Vegas in April and married my wife who is an american citizen. Since then she has been to visit me in Ireland for a couple of weeks. Next job is for me to move over there for which we are currently saving our pennies.

Could i just go for another holiday and adjust my status? If so, what should/ shouldn't i do? I do for example have a few boxes of belongings to ship over as well as my dogs. Would it be best to ship them before or after my flight?

I understand that its best not to have anything in my bags that might indicate that i am planning on staying, which would include the i130 etc forms. How far should i go with this? Hiding my wedding ring for example?

Criminal history question: On one of the forms there is a question asking if i have ever been arrested that i provide official documents from the court. My problem is that it was 30 ish years ago and the court is now an old peoples home, i have tried calling neighbouring boroughs, the police, various councils and the crb people, all to no avail. Should i just say that iv never been arrested or should i tell them the above?

Thanks in advance, Kev
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Old Nov 12th 2015, 2:17 pm
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Default Re: Already married to usc, wanting to move now

It is illegal to represent yourself at the POE as a tourist if your real intent is to adjust status and remain in the USA.

Answer all questions honestly. If the question asks if you have ever been arrested, and you have, you must check yes.

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Old Nov 12th 2015, 4:06 pm
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Default Re: Already married to usc, wanting to move now

You need to get the spouse visa before you move.

What you are thinking of doing is illegal. If you enter the on the Visa Waiver Program and then apply to adjust status, the authorities may decide you intended to stay and adjust status when entering, refuse you the visa and you'll be back to Ireland on the next plane. NO appeal.

You wife needs to sponsor you.

Bringing Spouses to Live in the United States as Permanent Residents | USCIS
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Old Nov 12th 2015, 4:21 pm
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Default Re: Already married to usc, wanting to move now

Once you have started the process from Ireland it is perfectly OK to visit your wife in the US using the visa waiver program, but you will have to return to Ireland after no more than 90 days on each visit (you could visit multiple times during the visa process), and in any case for your medical and visa interview.

Please be aware if you were to try to adjust status from the VWP, if your (illegal) plan fails you could be banned from entering the US for three or more years, no matter that your wife is a USC living in the US.

Last edited by Pulaski; Nov 12th 2015 at 4:42 pm.
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Old Nov 12th 2015, 4:39 pm
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Default Re: Already married to usc, wanting to move now

General comment:

This has been discussed on immigration attorney chat boards [and one private FB group. ]

It might be a good idea for OP's US wife to have an in person consultation with an experienced immigration lawyer. The ethics rules will require an attorney to advise that the course of action is against the law; it will allow her to also advise what might happen if the advice is not followed.

Please note that such consultations are "privileged" and the attorney will be prohibited from disclosure. It may very well be a good idea not to publicly disclose the contents of the consultation.

Furthermore deponent sayeth not.
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Old Nov 12th 2015, 6:30 pm
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Default Re: Already married to usc, wanting to move now

So am I right in thinking that if we apply for a spouse visa I could move and stay? Or apply for the green card then do a series of visits until the green card is issued?
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Old Nov 12th 2015, 6:42 pm
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Default Re: Already married to usc, wanting to move now

Originally Posted by Kevrev View Post
So am I right in thinking that if we apply for a spouse visa I could move and stay? Or apply for the green card then do a series of visits until the green card is issued?
If you obtain the spouse visa then, yes, you move and stay.

Your spouse visa leads to the green card.

Your wife has to sponsor you so there are some financial requirements to follow. You can visit during the process.

Read the link I gave you.
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Old Nov 12th 2015, 6:50 pm
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Default Re: Already married to usc, wanting to move now

I didn't see that before, thank you 😊 I think that's what I'll do then as I'm anxious to get over there now. We've been apart to long. I will get to a computer tomorrow and Google the ins and outs of spouse visas
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Old Nov 12th 2015, 7:08 pm
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Default Re: Already married to usc, wanting to move now

You should be able to find all the info on this forum. Good luck with it!
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Old Nov 12th 2015, 7:29 pm
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Default Re: Already married to usc, wanting to move now

Originally Posted by Kevrev View Post
I didn't see that before, thank you 😊 I think that's what I'll do then as I'm anxious to get over there now. We've been apart to long.
It sounds as if you are misunderstanding -- applying for the spousal visa doesn't permit you to move immediately. You move when you have gone through the process and the visa is granted, although you are free to visit in the meantime.
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Old Nov 12th 2015, 7:36 pm
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Default Re: Already married to usc, wanting to move now

Originally Posted by Kevrev View Post
So am I right in thinking that if we apply for a spouse visa I could move and stay? Or apply for the green card then do a series of visits until the green card is issued?
Yes, once you have the immigrant visa in hand, you move to the USA and stay there. You receive your green card at the POE.

The whole immigrant visa process takes about 8 to 10 months. You can visit the USA while the process is going on.

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Old Nov 12th 2015, 7:38 pm
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Default Re: Already married to usc, wanting to move now

The way we both feel at the moment is that time is most important. It's been long enough already. Neither of us want to wait another 8+ months
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Old Nov 12th 2015, 7:41 pm
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Default Re: Already married to usc, wanting to move now

Originally Posted by Kevrev View Post
The way we both feel at the moment is that time is most important. It's been long enough already. Neither of us want to wait another 8+ months
Unfortunately that is the way the system works. Try to flout the system at your own risk.
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Old Nov 12th 2015, 7:46 pm
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Default Re: Already married to usc, wanting to move now

Oh I'm not going to do anything to put the future in any jeopardy
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Old Nov 12th 2015, 7:47 pm
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Default Re: Already married to usc, wanting to move now

Originally Posted by Kevrev View Post
The way we both feel at the moment is that time is most important. It's been long enough already. Neither of us want to wait another 8+ months
No choice I'm afraid if you want to live in the US legally.
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