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Can I stay in America whilst waiting for spouse visa?

Can I stay in America whilst waiting for spouse visa?

Old Apr 11th 2014, 2:43 am
  #16  
 
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by BunnyGirl
Pretty scary when you think about it isn't it?! When I move over we'll have spent a total of about 7 weeks together and the longest period was only 11 days. ......
You have about a week longer than Mrs P and I did. One of our six weeks was the week before we got married. Our timeline was about the same as Rene's, and just over 20 months "first contact" (of any sort) to marriage. First web site message June 12, 1998, first face to face September 12, 1998, future Mrs P visits London February 1999, (includes ring shopping), engaged Memorial Day weekend, May 1999, marriage February 19, 2000.

Last edited by Pulaski; Apr 11th 2014 at 3:08 am.
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Old Apr 11th 2014, 4:04 am
  #17  
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by Noorah101
YOU are correct. While waiting for an Immigrant Visa to be processed, you can only visit the USA as a visitor as you've been doing. Only when you have your immigrant visa in hand and use it to enter the USA, THEN you can remain in the USA.

As a matter of curiosity. Isn't this the 'ten foot pole' question that our expert talks about on occasion? In that normally you can get away with marrying while in the USA and then adjusting status on the VWP, but if this process goes wrong, it goes wrong spectacularly? Leaving the couple separated for a decade.

Obviously the OP should be careful and use the appropriate route.
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Old Apr 11th 2014, 5:41 am
  #18  
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by bewildering
As a matter of curiosity. Isn't this the 'ten foot pole' question that our expert talks about on occasion? In that normally you can get away with marrying while in the USA and then adjusting status on the VWP, but if this process goes wrong, it goes wrong spectacularly? Leaving the couple separated for a decade.

Obviously the OP should be careful and use the appropriate route.
I don't think anyone knows for sure. I suspect sometimes they can return to their country and an I-130 can be immediately filed but other times they could possibly be accused of misrepresentation and banned.
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Old Apr 11th 2014, 8:22 am
  #19  
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by Pulaski
You have about a week longer than Mrs P and I did. One of our six weeks was the week before we got married. Our timeline was about the same as Rene's, and just over 20 months "first contact" (of any sort) to marriage. First web site message June 12, 1998, first face to face September 12, 1998, future Mrs P visits London February 1999, (includes ring shopping), engaged Memorial Day weekend, May 1999, marriage February 19, 2000.
Awww, that's so fab We'll have spent a bit more time together by the time we get married - we're hoping I'll be over there for his birthday (end of September) and then the wedding's planned (I say 'planned' but we're just doing a quick run to the courthouse!) for 5th November - 3 years to the day since we first 'met' online
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Old Apr 11th 2014, 3:34 pm
  #20  
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by Noorah101
YOU are correct. While waiting for an Immigrant Visa to be processed, you can only visit the USA as a visitor as you've been doing. Only when you have your immigrant visa in hand and use it to enter the USA, THEN you can remain in the USA.
Originally Posted by bewildering
As a matter of curiosity. Isn't this the 'ten foot pole' question that our expert talks about on occasion?
No, not at all. The "ten-foot-pole" issue has to deal with someone who misrepresents themselves as a tourist at the POE with the real intention of remaining in the USA to adjust status to permanent resident. Nothing in my post above has anything to do with that topic. I am only talking about the Immigrant Visa process.

Rene
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Old Apr 14th 2014, 6:00 am
  #21  
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Default Re: Can I stay in America whilst waiting for spouse visa?

Originally Posted by hungryhorace
To be fair, what does two to three weeks really serve as? You need months really. But, good luck in any case!
My husband and I didn't spend months together before we got married. We got engaged after having spent two one week visits three months apart. We then had two more one week visits before he got his K1. We got married a year and a half after we met.
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Old Apr 15th 2014, 1:46 am
  #22  
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Default Re: Can I stay in America whilst waiting for spouse visa?

My husband and I spent a weekend together after six months Skyping twice a day, then we spent two months together with our wedding a bit more than halfway through that, then I came home and started the CR-1 process, and he spent a bit less than three months here visiting over the holidays before coming here for good. While we were apart he missed his twice-daily Skype exactly ONE time. We've been married slightly more than a year and a half now, and we're moving back together to Ireland, and we're doing quite well thank you in spite of my tendency to overplan things.

We're in our mid-40s though and we were just pretty confident about the whole thing. I wouldn't recommend it (marrying so soon) for the younger set, honestly.
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