Pulaski

True, but such cases certainly require the careful guidance of an experienced attorney, which can get expensive and drag on for months, or even years, and the outcome even then is not guaranteed.

Festus

Ok it's looks like matlock lied about the medical part too, hubby went to some clinic in town that he said does the immigration stuff( having it sealed etc, ) . He had a tb test done and it came back positive or raised then a X-ray it was negative, they said he must have been exposed as a child or it was the vaccination he had as a kid, it was 300 bucks . Then they gave us the sealed results and the lawyer has it to send off with the forms. So I guess we got worked over again! I got the nhs lecture from hubby about the whole thing. It's a good thing he has dimples Love them. The question was asked about children, I have a twenty two year old and my step son is 19 turns 20 in November. He is on the autistic spectrum. He doesn't want to come to the states right now to live because he is taking a business studies course at the local institute, he has his routine and it's very hard for him to adjust to changes. It's another reason we have been going back and forth for so long for him to grow and mature and make sure everybody is happy. I care for my elderly mother who lives with us. Family can be complicated and we have put everyone's needs before our own. We both lost parents over this long period of time ,had health issues and we keep plugging away. Two suckers lol

civilservant

You're going to seriously look at moving him over, because when he turns 21 it gets whole lot more difficult to do so without a significant (think years) time lag.

Pulaski

Well over a decade, right?

ian-mstm

Entering on the VWP and then attempting to adjust status in the US (which, it appears, is what the lawyer had in mind) is known in this forum as the "VWP express" and often invokes the "ten-foot pole" debate.

In a nutshell, it all boils down to his intent when he entered the US. If there was no intent to stay and adjust status when he entered the US, then there is a way forward... but it's not without risk - and it all boils down to what the immigration officer thinks on the day he goes for his adjustment interview. If the officer thinks he tried to get around the regulations (whether hubby did or not), then his adjustment will be denied and he'll need to leave the US... and usually with a ban on returning. If, however, hubby intended to stay to adjust status but told the officer he was just visiting... well - he lied to secure an immigration benefit, and if he gets caught, he faces a lifetime ban on returning. Either way, it all comes down to what happens at his interview. That said... many people do get away with it - but, as I mentioned, it's not without risk.

No one here wants to see either of you get into trouble... and all you've been going on so far is the advice of a grief-stricken attorney who may not be completely objective!


Yup - that's the truth!


While I'm thinking about it, if the lawyer's intent was to have your husband stay to adjust status, there are a lot of other forms that must be sent at the same time. You'd file an I-130, I-864, and G-325A. Your husband would concurrently file an I-485, I-131, I-765, and a G-325A. There also needs to be evidence for most of that stuff. If your lawyer was going to file only the I-130 then he's doing things incorrectly.

Ian

Festus

I am so glad your here! Hubby and I will let ya know what we do next, not going to keep the lawyer. We got an apt with another lawyer Wednesday 5pm, and if this guys is full of it we do it ourselves. Either way my hub is going back, not taking any chances. Xoxo

ChurchillButVincent

I married a US citizen too and now waiting for the visa interview and my comments are ;

Like most have commented you need a decent lawyer who will give the right advice if you are based in the Orange county area - I can recommend one for you who is handling my case and he is pretty good

Your partner is allowed to stay on after the 90 day period , IF the application for his change of status has been filed with the Immigration services. In fact I am in the same category right now.

Your lawyer will apply for a 'parole' thing which allows your partner to travel before he gets his green card if he wants to leave US and come back whilst the visa application is being processed - but many have advised me not to travel with that parole thing just yet and wait for the proper green card as they have heard some horror stories - though the lawyer says I can as I have the parole and the work permit now

My advice is not to go back to UK and apply for the change of status as it may take a long time as my ex wife who is also British made that mistake after getting married to a US citizen. She is still waiting for one thing or another to complete the process and its nearly a year since she applied

It is not illegal for someone to come to the US and marry someone and then ask to change their visa status - that can happen in real life and has happened - but you really need to prove that you two have been living together - that maybe tricky in your case - the lawyer can advise you better

Good luck and keep us posted !

Pulaski

So your advice is to "march through the minefield, hire a good guide", and apparently you still need "luck".

Most people find it preferable to avoid the minefield, and the not inconsiderable expense of the guide, on whose competence your application dangles, and take the prescribed route which is easy and straightforward for most people, unless they have a criminal record or drug habit.

sir_eccles

Mr Churchill seems to have made a minefield all of his own going by the somewhat dubious accuracy of the details in his post.

ian-mstm

No, you don't. You don't need a lawyer at all unless you have a criminal history or a visa overstay issue.


I suggest you get your terminology correct before you try to give advice to anyone.


The lawyer doesn't apply for anything. Please don't post anymore! You're making yourself look like an idiot with each comment.


Why? What did you do that was so wrong that you've decided not to use advance parole?


Your lawyer sounds like a fool. One is not connected to the other.


There's that terminology thing again.


It is if they enter the US as a visitor with the prior intent to stay.


No, you don't. You have never had to prove that. You're a fool. Please stop posting. Go to VisaJourney - they revel in your kind of idiocy.

Ian

civilservant

Oh dear.

You can adjust your status but you must prove that you're living together? Wrong.

The intent is the relevant factor, if you intend to stay upon entry, then it is illegal.

And you're not 'living' anywhere on a visitor visa, since you're a visitor. Furthermore it's not relevant where you have been staying while visiting. At all.