forest2007

Hi,

If I married my girlfriend on a visa waiver then left America for a while would I be allowed back in on a visa waiver with her to visit her family for a few weeks here and there?

Would the immigration officers even have the information that shows that we are married?

Also if I left the USA for a few months and then we decided that we would like to live in USA how long is it likely to take before I would be allowed back in there as a resident and would I be able to visit her (if she had to go back) during the application?

Thanks.

Noorah101

Yes. Bring proof of your ties to your home country in case you are asked for them at the POE.

Possibly.

Is your girlfriend a USC? I'm a bit confused, it sounds like she lives with you in your home country at the moment...is that true? Depending on what country and how long she's been living there (and of course whether she's a USC), you could possibly file the I-130 directly at the US Consulate in your home country, would take about 4 to 6 months for you to get your Immigrant Visa so that you can live and work permanently in the USA.

Best Wishes,
Rene

forest2007

Thanks,

Yes she is a USC.

It's confusing. I'm currently here visiting in USA and we will be going to the UK for a few weeks in August. We will then be living in Canada until December. I will be on a working holiday visa there and she will be on a student visa.

We would love to marry here now and have been told that we are allowed by the local town hall but do not know where we would like to settle yet so things are unsure right now.

Once I make that application for Visa adjustment can I still visit on the VWP.

Could I file for the I-130 whilst in Canada through the US embassy there?

Thanks for the quick response.

Noorah101

Yes, you can get married in the USA on the VWP, no problem there. You just can't remain in the USA to adjust status to permenent resident, but it sounds like you don't want to do that anyway, as you have a job in Canada waiting for you. If you don't know where you want to settle yet, don't do anything about immigration yet. No sense spending all that money to get your Immigrant Visa if you then decide not to use it (in my opinion, anyway). Wait until a time closer to when you'll know where you guys want to end up living.

If you're thinking of the Immigrant Visa, it's not a visa adjustment. It's a whole new visa. And yes, you can visit the USA on the VWP while it's processing.

No, the I-130 would need to be filed in the USA, at the service center having jurisdiction over where the USC lives. You might be able to use the US Embassy in Montreal for your Immigrant Visa interview, though.

Part of the process entails your USC wife filing an I-864 affidavit of support on your behalf. If she doesn't meet the income requirements, you'd need a joint sponsor, so that's something to look into as well.

Rene

forest2007

Wow thanks very much,

One last question.....

If we ended up living in UK for a while (on a spouse VISA or alternative) would she have to go home to file for me or would we be able to apply jointly from the UK?

Thanks so so much for all the help, i'm feeling a little lighter on the situation now. I'm still hating the fact that we may end up spending time apart though!!

I guess I could always hang around in Canada and she could come visit if we choose the US!!!!!

Noorah101

If you end up married and living in the UK, and the USC ends up living in the UK more than 6 months, then at that time you can file the I-130 directly to London. That process is called DCF (Direct Consular Filing, not an official term), and usually is pretty speedy, because it cuts out the waiting at the US Service Center state-side). When I say speedy I mean perhaps 4 to 6 months. The USC would still have the same issue of being your sponsor on the I-864 Affidavit of Support, but if there is someone in the USA who can be a joint sponsor, you'll be fine.

Rene

Noorah101

I just wanted to say, perhaps you CAN file the I-130 directly to Montreal, if you are married and both are living in Canada more than 6 months at that time. I'm not 100% sure on that one. It might be possible.

Rene

danfan

When I got married on VWP, I was allowed to stay and wait for my change in status. Took 1 year for status change instead of several years if I waited in UK. I specifically went to the USCIS office to ask & was told it was fine, I just couldn't leave US while I waited for the change.

Noorah101

Dan...had you planned to go that route before you entered the USA on the VWP? Was your intent to enter on the VWP, marry, and adjust status, even before you came here? That might be the difference in these two scenarios.

Rene

J. J. Farrell

On Jul 4, 9:30 am, danfan <[email protected]> wrote:
> > Yes, you can get married in the USA on the VWP, no problem there. You
> > just can't remain in the USA to adjust status to permenent resident,
> > but it sounds like you don't want to do that anyway, as you have a job
> > in Canada waiting for you. If you don't know where you want to settle
> > yet, don't do anything about immigration yet. No sense spending all
> > that money to get your Immigrant Visa if you then decide not to use it
> > (in my opinion, anyway). Wait until a time closer to when you'll know
> > where you guys want to end up living.
>
> > If you're thinking of the Immigrant Visa, it's not a visa adjustment.
> > It's a whole new visa. And yes, you can visit the USA on the VWP
> > while it's processing.
>
> > No, the I-130 would need to be filed in the USA, at the service
> > center having jurisdiction over where the USC lives. You might be
> > able to use the US Embassy in Montreal for your Immigrant Visa
> > interview, though.
>
> > Part of the process entails your USC wife filing an I-864 affidavit of
> > support on your behalf. If she doesn't meet the income requirements,
> > you'd need a joint sponsor, so that's something to look into as well.
>
> > Rene
>
> When I got married on VWP, I was allowed to stay and wait for my change
> in status. Took 1 year for status change instead of several years if I
> waited in UK. I specifically went to the USCIS office to ask & was told
> it was fine, I just couldn't leave US while I waited for the change.

That's great for you, but this is a dodgy area. The problem is that it
is illegal to enter the USA on the visa waiver with the intention of
staying. If they suspect later on that you did this, it can cause all
sorts of issues and complications.

Coming to visit someone (or even meeting someone while in the USA) and
deciding on the spur of the moment to marry and settle in the USA is
fine. Even coming to marry someone with the intention of leaving again
afterwards then changing your plans once you're there is fine. Coming
on the visa waiver to marry and stay is illegal.

Even if you did not intend to stay when you entered the USA, the
burden of proof of that is on you. If the USCIS get the idea in their
heads that you entered with the intention to stay, you have to prove
that you didn't. That can be difficult.

Sir P.

You could have filed for an advanced parole.

Sir P.

-----Original Message-----
From: Noorah101 [mailto:Noorah101] On Behalf Of Noorah101
Posted At: Wednesday, July 04, 2007 1:41 PM
Posted To: misc.immigration.usa
Conversation: Leaving Ater Marriage
Subject: Re: Leaving Ater Marriage


> When I got married on VWP, I was allowed to stay and wait for my
> change in status. Took 1 year for status change instead of several
> years if I waited in UK. I specifically went to the USCIS office to
> ask & was told it was fine, I just couldn't leave US while I waited
> for the change.

Dan...had you planned to go that route before you entered the USA on the
VWP? Was your intent to enter on the VWP, marry, and adjust status,
even before you came here? That might be the difference in these two
scenarios.

Rene



No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.5.476 / Virus Database: 269.9.14/885 - Release Date: 7/3/2007
10:02 AM

no1englishmuffin

Hiya Everyone,
I entered the USA July last year on the vwp and was taken to see an officer there as they where worried about my intentions and i had no proof of living back home in the UK, Did not have a job back home in the UK either but after talking to the officer he did let me in on the understanding that i was leaving 90 days later, which with the trouble i had at the poe me and my now hubby decided to get married which we did 15 days before i was due to leave, i remained in the USA and did not file my forms till march this year went for the biometrics and then my interview in may and was told they where just waiting for my fbi checks to come back and would be given conditional permanant resident coz we had been married less than 2 years and i got my green card last thursday and now i am a resident, maybe i was lucky in with what had happened to me but i still am reeling a bit from how quick it took my application to be approved and to have my green card which only took me 3 months to get in total maybe it might be worth it for him to try what i did, you know we brits do say (you don't know unless you try it) just a thought there for you that in some cases it don't take as long as it does with other people.
Even though i had problems at the port of entry july 2006 and to let you know i had been coming back and forth on the vwp since october 2005 and had only been home to visit for less than 2 weeks at a time, it never hindered my application at all.
Hope this helps a little and is not to long winded if you need anymore info on this from me send me a message and i will go into some detail for you thanks Michelle

no1englishmuffin

Hiya after you post your application to change your status, you would have to apply for advanced leave before your application is approved for changing your status this they do emphazise on the forms you need this otherwise they can refuse you entry back into the USA and it also costs for the advanced leave form, hope this helps Michelle

ian-mstm

Y'know... they can refuse you entry to the US even if you *do* have advance parole. In fact, they can refuse you entry even if you have a green card.

Ian

TRPardoe

Similar with me. We had been married over 2 years when I came to the US one last time on the VWP. Wife applied for a Adjustment of Status. Work Permit came in 3 months. Could not leave for 18 months until we got the interview.