Husband to US quickly
Feb 23rd 2004, 12:08 pm
#46
Forum Regular
Joined: Feb 2004
Posts: 32
Re: Husband to US quickly
Originally posted by DCMark
Yes and in another post he tells how if the OP keeps it quiet, use of false SSN may not be noticed.
Yes and in another post he tells how if the OP keeps it quiet, use of false SSN may not be noticed.
Keep in mind that in the case you are talking abt, she jumped the border and probably has no resources to hire expensive lawyers.
Feb 23rd 2004, 12:42 pm
#47
Banned
Joined: Sep 2002
Location: United States
Posts: 3,825
Re: Husband to US quickly
Originally posted by immatchua
Oh I'm sorry for pointing out the obvious.
Keep in mind that in the case you are talking abt, she jumped the border and probably has no resources to hire expensive lawyers.
Oh I'm sorry for pointing out the obvious.
Keep in mind that in the case you are talking abt, she jumped the border and probably has no resources to hire expensive lawyers.
Feb 23rd 2004, 12:47 pm
#48
Guest
Posts: n/a
Re: Husband to US quickly
Adaminnit wrote:
>
> I posted before on the US Immigration board, but I should have posted
> here, I guess.
>
> My husband (British) and I (American) live near London
> but are planning on moving to the US the first of April 2004. I have
> printed off the I-129F and I-130.
You may be able to use the I-130 but discard the 129 form. Start here
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
> Since we leave in only a month, is
> there some other way we should apply or go to the consulate? We really
> don't have time to send things all over the place...so is there a way to
> get him some sort of visa so he won't have to enter the US visa waiver
> (within 2-3weeks?)
Unlikely, in my opinion. It is best for your husband not to try to enter
the US without the proper (spouse) visa. It is possible he could be
turned away at the border if the inspector decides he will try to stay
in the US permanently. I don't believe one can enter the US consulate
any more without an appointment letter of some kind. They don't have any
'walk in' visa service.
> Anyone who has had to speed everything up, please
> respond.
Filing directly in London will take 3-4 months. The best time I have
read recently was 69 days start to finish. You may be able to accomplish
this is you work ahead (such as applying for his UK police certificate
and sorting out his immunisation records now)
>
> I posted before on the US Immigration board, but I should have posted
> here, I guess.
>
> My husband (British) and I (American) live near London
> but are planning on moving to the US the first of April 2004. I have
> printed off the I-129F and I-130.
You may be able to use the I-130 but discard the 129 form. Start here
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
> Since we leave in only a month, is
> there some other way we should apply or go to the consulate? We really
> don't have time to send things all over the place...so is there a way to
> get him some sort of visa so he won't have to enter the US visa waiver
> (within 2-3weeks?)
Unlikely, in my opinion. It is best for your husband not to try to enter
the US without the proper (spouse) visa. It is possible he could be
turned away at the border if the inspector decides he will try to stay
in the US permanently. I don't believe one can enter the US consulate
any more without an appointment letter of some kind. They don't have any
'walk in' visa service.
> Anyone who has had to speed everything up, please
> respond.
Filing directly in London will take 3-4 months. The best time I have
read recently was 69 days start to finish. You may be able to accomplish
this is you work ahead (such as applying for his UK police certificate
and sorting out his immunisation records now)
Feb 23rd 2004, 1:00 pm
#49
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: Husband to US quickly
Originally posted by Matthew Udall
Not all attorneys charge expensive fees :-). Depending on her situation, she might even find an attorney to work for her for free. And I would think at a bare minimum, having a consultation with a qualified immigration attorney would not be that expensive and probably money well spent.
Not all attorneys charge expensive fees :-). Depending on her situation, she might even find an attorney to work for her for free. And I would think at a bare minimum, having a consultation with a qualified immigration attorney would not be that expensive and probably money well spent.
Or just facing the consequences without counsel......
Feb 23rd 2004, 8:22 pm
#50
Guest
Posts: n/a
Re: Husband to US quickly
In message <[email protected]>, NC Penguin
<member2310@british_expats.com> writes
>Your husband cannot enter in
>the US without an appropriate visa.
You probably mean "enter permanently" while he is in the midst of
applying for his Visa.
>He could go to the US in April on a
>Visa Waiver but he would be a visitor AND would have to RETURN to the UK
>in accordance with the Visa Waiver.
It would be wise to carry documents showing an intention to return to
the UK (to continue the Visa-earning exercise). Things like a letter
from his employer, and evidence of ongoing financial ties with the UK.
[And a return ticket, obviously, but that's a standard requirement of
VWP.]
--
Roland Perry
<member2310@british_expats.com> writes
>Your husband cannot enter in
>the US without an appropriate visa.
You probably mean "enter permanently" while he is in the midst of
applying for his Visa.
>He could go to the US in April on a
>Visa Waiver but he would be a visitor AND would have to RETURN to the UK
>in accordance with the Visa Waiver.
It would be wise to carry documents showing an intention to return to
the UK (to continue the Visa-earning exercise). Things like a letter
from his employer, and evidence of ongoing financial ties with the UK.
[And a return ticket, obviously, but that's a standard requirement of
VWP.]
--
Roland Perry
Feb 24th 2004, 1:09 am
#51
BE Forum Addict
Joined: Oct 2002
Posts: 1,228
Re: Husband to US quickly
Thanks Dave
Originally posted by Roland Perry
In message <[email protected]>, NC Penguin
<member2310@british_expats.com> writes
>Your husband cannot enter in
>the US without an appropriate visa.
You probably mean "enter permanently" while he is in the midst of
applying for his Visa.
>He could go to the US in April on a
>Visa Waiver but he would be a visitor AND would have to RETURN to the UK
>in accordance with the Visa Waiver.
It would be wise to carry documents showing an intention to return to
the UK (to continue the Visa-earning exercise). Things like a letter
from his employer, and evidence of ongoing financial ties with the UK.
[And a return ticket, obviously, but that's a standard requirement of
VWP.]
--
Roland Perry
In message <[email protected]>, NC Penguin
<member2310@british_expats.com> writes
>Your husband cannot enter in
>the US without an appropriate visa.
You probably mean "enter permanently" while he is in the midst of
applying for his Visa.
>He could go to the US in April on a
>Visa Waiver but he would be a visitor AND would have to RETURN to the UK
>in accordance with the Visa Waiver.
It would be wise to carry documents showing an intention to return to
the UK (to continue the Visa-earning exercise). Things like a letter
from his employer, and evidence of ongoing financial ties with the UK.
[And a return ticket, obviously, but that's a standard requirement of
VWP.]
--
Roland Perry
Feb 24th 2004, 1:33 am
#52
Concierge
Joined: Apr 2001
Posts: 46,476
Re: Husband to US quickly
Originally posted by immatchua
I've had to endure this misinformation long enough.
This is directly quoted from the USCIS page:
http://uscis.gov/graphics/howdoi/lpreligibility.htm
----------------------------
"If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
worked without permission,
remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
failed otherwise to maintain lawful status and with the proper immigration documentation, or
have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively). "
-----------------------------
If you all insist on chastising me, then I must insist u know what you are talking abt. All he needs is to enter the US legally and be inspected and paroled. Our knowledge of their intention is irrelevant as long as he can convince the person at the POE that he is not immigrating. What would they have done if they had wanted to visit the USA together b4 without him actually wanting to immigrate?
I've had to endure this misinformation long enough.
This is directly quoted from the USCIS page:
http://uscis.gov/graphics/howdoi/lpreligibility.htm
----------------------------
"If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
worked without permission,
remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
failed otherwise to maintain lawful status and with the proper immigration documentation, or
have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively). "
-----------------------------
If you all insist on chastising me, then I must insist u know what you are talking abt. All he needs is to enter the US legally and be inspected and paroled. Our knowledge of their intention is irrelevant as long as he can convince the person at the POE that he is not immigrating. What would they have done if they had wanted to visit the USA together b4 without him actually wanting to immigrate?
While all that is true and if one were to use the statistics that the USCIS puts out annually on type of visas adjusted from it would appear that the bulk is from just this type of entry.
However, and it is a big however, it is not foolproof. USCIS is not altogether stupid. Inefficient, understaffed, lackadasical but its examiners are not stupid. There are questions which can be asked during the interview in which the examiner will "know" that the intent of the foreign spouse at the time of entry was to marry and remain. They do not have to prove this but as long as they have their suspicions and they want to play hard ball, they can and will deny adjustment and send the foreign spouse back to where they came from.
So you might well have made a technically "clean" entry by not being asked and thereby not lying about your intent upon entry but there are other ways for them to hang you if they are so inclined.
As for chastisement, I would suggest that posters be given both the pros and the cons and a hardline suggestion that they at the very least consult with an immigration attorney before they embark on a venture that might negatively change the course of their lives.
Rete
Feb 24th 2004, 2:05 am
#53
Guest
Posts: n/a
Re: Husband to US quickly
"Rete" <member167@british_expats.com> wrote:
> the time of entry was to marry and remain. They do not have to prove
> this but as long as they have their suspicions and they want to play
> hard ball, they can and will deny adjustment and send the foreign spouse
> back to where they came from.
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
> the time of entry was to marry and remain. They do not have to prove
> this but as long as they have their suspicions and they want to play
> hard ball, they can and will deny adjustment and send the foreign spouse
> back to where they came from.
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
Feb 24th 2004, 3:33 am
#54
Concierge
Joined: Apr 2001
Posts: 46,476
Re: Husband to US quickly
Originally posted by Andy Platt
"Rete" <member167@british_expats.com> wrote:
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
"Rete" <member167@british_expats.com> wrote:
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
I grant you I don't know how the proceedings commence after USCIS denies adjustment based on fraudulent entry (if that is the term) and not even sure that you are given the opportunity to go to "court" on this for a reversal of denial.
As has been repeatedly said here, there is a risk involved. It is doable but again, there is a risk, and immatchua does not seem to want to accept that nor warn of this risk when posting.
Rete
Feb 24th 2004, 3:43 am
#55
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: Husband to US quickly
Originally posted by Andy Platt
"Rete" <member167@british_expats.com> wrote:
> the time of entry was to marry and remain. They do not have to prove
> this but as long as they have their suspicions and they want to play
> hard ball, they can and will deny adjustment and send the foreign spouse
> back to where they came from.
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
"Rete" <member167@british_expats.com> wrote:
> the time of entry was to marry and remain. They do not have to prove
> this but as long as they have their suspicions and they want to play
> hard ball, they can and will deny adjustment and send the foreign spouse
> back to where they came from.
Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
enough I'll go back home" they will get a chance to appeal any denial and,
eventually, get to plead their case in front of an immigration judge in
removal proceedings (though perhaps the use of AP may complicate this). And
that will have a higher standard of proof than "we think so"; previous
rulings would also come into play.
Andy.
--
I'm not really here, it's just your warped imagination
Feb 24th 2004, 4:06 am
#56
Guest
Posts: n/a
Re: Husband to US quickly
In message <[email protected]>, Andy Platt <[email protected]>
writes
>> the time of entry was to marry and remain. They do not have to prove
>> this but as long as they have their suspicions and they want to play
>> hard ball, they can and will deny adjustment and send the foreign spouse
>> back to where they came from.
>Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
>enough I'll go back home" they will get a chance to appeal any denial and,
>eventually, get to plead their case in front of an immigration judge in
>removal proceedings
Except for the minor detail that there are *no* appeals procedures at
all for VWP entrants.
--
Roland Perry
writes
>> the time of entry was to marry and remain. They do not have to prove
>> this but as long as they have their suspicions and they want to play
>> hard ball, they can and will deny adjustment and send the foreign spouse
>> back to where they came from.
>Perhaps. Assuming that the intending immigrant does not just say, "OK, fair
>enough I'll go back home" they will get a chance to appeal any denial and,
>eventually, get to plead their case in front of an immigration judge in
>removal proceedings
Except for the minor detail that there are *no* appeals procedures at
all for VWP entrants.
--
Roland Perry
Feb 24th 2004, 6:45 am
#57
Guest
Posts: n/a
Re: Husband to US quickly
"Roland Perry" <[email protected]> wrote in message
news:[email protected]...
> In message <[email protected]>, Andy Platt <[email protected]>
> writes
> >> the time of entry was to marry and remain. They do not have to prove
> >> this but as long as they have their suspicions and they want to play
> >> hard ball, they can and will deny adjustment and send the foreign
spouse
> >> back to where they came from.
> >
> >Perhaps. Assuming that the intending immigrant does not just say, "OK,
fair
> >enough I'll go back home" they will get a chance to appeal any denial
and,
> >eventually, get to plead their case in front of an immigration judge in
> >removal proceedings
> Except for the minor detail that there are *no* appeals procedures at
> all for VWP entrants.
I remember previous discussions debating whether this was actually true once
you had applied to adjust status (given that you are no longer in visitor
status but are in pending adjustment of status). I haven't seen any hard
evidence either way. There was also an interesting post back in '01 from
Paul Gani who had looked at the AP issue I mentioned and felt that that was
allowed - and, what's more, would supercede the visa waiver status if it
actually existed.
Of course, I wouldn't like to find myself in this position!
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
news:[email protected]...
> In message <[email protected]>, Andy Platt <[email protected]>
> writes
> >> the time of entry was to marry and remain. They do not have to prove
> >> this but as long as they have their suspicions and they want to play
> >> hard ball, they can and will deny adjustment and send the foreign
spouse
> >> back to where they came from.
> >
> >Perhaps. Assuming that the intending immigrant does not just say, "OK,
fair
> >enough I'll go back home" they will get a chance to appeal any denial
and,
> >eventually, get to plead their case in front of an immigration judge in
> >removal proceedings
> Except for the minor detail that there are *no* appeals procedures at
> all for VWP entrants.
I remember previous discussions debating whether this was actually true once
you had applied to adjust status (given that you are no longer in visitor
status but are in pending adjustment of status). I haven't seen any hard
evidence either way. There was also an interesting post back in '01 from
Paul Gani who had looked at the AP issue I mentioned and felt that that was
allowed - and, what's more, would supercede the visa waiver status if it
actually existed.
Of course, I wouldn't like to find myself in this position!
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
Feb 24th 2004, 7:22 am
#58
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: Husband to US quickly
Originally posted by Andy Platt
"Roland Perry" <[email protected]> wrote in message
news:[email protected]...
> In message <[email protected]>, Andy Platt <[email protected]>
> writes
> >> the time of entry was to marry and remain. They do not have to prove
> >> this but as long as they have their suspicions and they want to play
> >> hard ball, they can and will deny adjustment and send the foreign
spouse
> >> back to where they came from.
> >
> >Perhaps. Assuming that the intending immigrant does not just say, "OK,
fair
> >enough I'll go back home" they will get a chance to appeal any denial
and,
> >eventually, get to plead their case in front of an immigration judge in
> >removal proceedings
> Except for the minor detail that there are *no* appeals procedures at
> all for VWP entrants.
I remember previous discussions debating whether this was actually true once
you had applied to adjust status (given that you are no longer in visitor
status but are in pending adjustment of status). I haven't seen any hard
evidence either way. There was also an interesting post back in '01 from
Paul Gani who had looked at the AP issue I mentioned and felt that that was
allowed - and, what's more, would supercede the visa waiver status if it
actually existed.
Of course, I wouldn't like to find myself in this position!
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
"Roland Perry" <[email protected]> wrote in message
news:[email protected]...
> In message <[email protected]>, Andy Platt <[email protected]>
> writes
> >> the time of entry was to marry and remain. They do not have to prove
> >> this but as long as they have their suspicions and they want to play
> >> hard ball, they can and will deny adjustment and send the foreign
spouse
> >> back to where they came from.
> >
> >Perhaps. Assuming that the intending immigrant does not just say, "OK,
fair
> >enough I'll go back home" they will get a chance to appeal any denial
and,
> >eventually, get to plead their case in front of an immigration judge in
> >removal proceedings
> Except for the minor detail that there are *no* appeals procedures at
> all for VWP entrants.
I remember previous discussions debating whether this was actually true once
you had applied to adjust status (given that you are no longer in visitor
status but are in pending adjustment of status). I haven't seen any hard
evidence either way. There was also an interesting post back in '01 from
Paul Gani who had looked at the AP issue I mentioned and felt that that was
allowed - and, what's more, would supercede the visa waiver status if it
actually existed.
Of course, I wouldn't like to find myself in this position!
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
Applying for adjustment of status does not make you a pending adjustment applicant.
This status is only conferred once the application has been accepted.
I'll try to pull up the argument for you but it was my belief that a pending adjustment applicant was entitled to due process.
Another good description for the status I've heard is "Petitioning Resident".
Last edited by lairdside; Feb 24th 2004 at 7:26 am.
Feb 24th 2004, 8:17 pm
#59
Guest
Posts: n/a
Re: Husband to US quickly
In message <[email protected]>, Andy Platt <[email protected]>
writes
>> Except for the minor detail that there are *no* appeals procedures at
>> all for VWP entrants.
>I remember previous discussions debating whether this was actually true once
>you had applied to adjust status (given that you are no longer in visitor
>status but are in pending adjustment of status).
But can you file for adjustment of status if you are in the immigration
hall, with your VWP entry having been denied? It's that situation where
I don't think there's any "appeal".
--
Roland Perry
writes
>> Except for the minor detail that there are *no* appeals procedures at
>> all for VWP entrants.
>I remember previous discussions debating whether this was actually true once
>you had applied to adjust status (given that you are no longer in visitor
>status but are in pending adjustment of status).
But can you file for adjustment of status if you are in the immigration
hall, with your VWP entry having been denied? It's that situation where
I don't think there's any "appeal".
--
Roland Perry
Feb 24th 2004, 10:48 pm
#60
Guest
Posts: n/a
Re: Husband to US quickly
"Roland Perry" <[email protected]> wrote> But can you file for adjustment
of status if you are in the immigration
> hall, with your VWP entry having been denied? It's that situation where
> I don't think there's any "appeal".
No, the post I was responding to was definitely post-entry, for instance:
"So you might well have made a technically
"clean" entry by not being asked and thereby not lying about your intent
upon entry but there are other ways for them to hang you if they are so
inclined."
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
of status if you are in the immigration
> hall, with your VWP entry having been denied? It's that situation where
> I don't think there's any "appeal".
No, the post I was responding to was definitely post-entry, for instance:
"So you might well have made a technically
"clean" entry by not being asked and thereby not lying about your intent
upon entry but there are other ways for them to hang you if they are so
inclined."
Andy.
--
I'm not really here, it's just your warped imagination
> --
> Roland Perry
