Marriage under the VWP, what will happen?
Jul 9th 2008, 4:11 pm
#31
Hydey
Thread Starter
Joined: Jul 2008
Location: London, England.
Posts: 228
Jul 9th 2008, 4:21 pm
#32
Septicity
Joined: May 2004
Posts: 23,762
Re: Marriage under the VWP, what will happen?
Jul 9th 2008, 9:59 pm
#34
Forum Regular
Joined: Jun 2006
Posts: 245
Re: Marriage under the VWP, what will happen?
same here 
Also once you had your vacc's ( or got your vac papers sent over from the UK ) the medical ( well if my experience is anything to go by ) is pretty basic. Mine consisted of the doc checking my immunisations record / TB / HIV results , my BP was taken the rest of it was a friendly chat about the UK and how I was enjoying the USA If you want to cut the costs of the medical you can get most of your immunisations re-done at your local public health dept for a nominal cost. Mine also did the HIV / syph test and the TB - I think they were actually free or cheap as 
After you got them taken care of phone around the list of local civil surgeons ( as stated by USCIS) and get a quote solely for the physical. Overall in total my 'medical' requirements came in at around the $250ish mark - almost half of what I had been getting quoted for the 'all-in' package 
Prices DO vary so make sure you phone around first and don't take the first one offered Good luck 
Also once you had your vacc's ( or got your vac papers sent over from the UK ) the medical ( well if my experience is anything to go by ) is pretty basic. Mine consisted of the doc checking my immunisations record / TB / HIV results , my BP was taken the rest of it was a friendly chat about the UK and how I was enjoying the USA If you want to cut the costs of the medical you can get most of your immunisations re-done at your local public health dept for a nominal cost. Mine also did the HIV / syph test and the TB - I think they were actually free or cheap as After you got them taken care of phone around the list of local civil surgeons ( as stated by USCIS) and get a quote solely for the physical. Overall in total my 'medical' requirements came in at around the $250ish mark - almost half of what I had been getting quoted for the 'all-in' package Prices DO vary so make sure you phone around first and don't take the first one offered Good luck Total cost was $195 from memory...HIV and Syphillis tests took about a week to come back and were an extra $30.
Jul 10th 2008, 12:30 am
#35
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Marriage under the VWP, what will happen?
Ian
Jul 10th 2008, 12:45 am
#36
Concierge
Joined: Apr 2001
Posts: 46,467
Re: Marriage under the VWP, what will happen?
Opinions ... they do vary don't they.
Jul 10th 2008, 3:57 am
#38
Professional Drama Queen
Joined: Dec 2007
Location: West Virginia
Posts: 1,061
Re: Marriage under the VWP, what will happen?
*IF* the scenario as presented by the OP is correct ( and we have no reason to presume it isn't) then the procedure *should* be relatively straightforward with a few provisos.
1 ) He entered with NO INTENTION to stay or adjust status on the VWP
He is able to marry on the VWP and remain in the USA and AOS or return to the UK and undergo the required process for entry as the spouse of a USC there. Of course if he does AOS in-country then the onus will be on HIM to prove / convince USCIS that he did not abuse the VWP ( ie entered with immigration intent) by proof of his ties to his home country. If they are not convinced then he would be removed ( which also would have consequences for any other future immigration / visits plans) Again based upon the OP's initial post there is no reason to assume that he wouldn't be able to prove his non-immigration intent to USCIS which ultimately is really what matters <---- proviso #1
2 ) His VWP ( 90 days) hasn't expired - so he is not yet an overstayer. Should this expire BEFORE he marries then YES this could well cause complications hence my advice to marry AND if possible get the AOS process underway before that happens. If that is NOT possible then he should be aware that should he come to the attention of ICE ( which can happen via even a routine traffic stop amongst other things) then he would be immediately placed in removal proceedings with no recourse to a court hearing / appeal etc - those rights are waived by VWP users. <-- proviso #2
3 ) If he is unable to marry and initiate the AOS procedure prior to his VWP expiry then this is not a deal-breaker as such as USCIS tends to 'forgive' overstays for spouses of USC's. HOWEVER should his and ICE's paths cross during that time then he WOULD be eligible for immediate removal USC spouse or not. He could also find himself facing a 3 or 10 year ban which would require a waiver to overcome ( a complicated, expensive procedure with no guarantee of success) depending upon the time of his overstay <---- proviso #3
4 ) Until such time as his AOS is complete ( which could be anything from 3 months to XXX months) then he would be advised NOT to leave the USA for ANY REASON. <---- proviso #4
Thats the situation as I understand it . Of course each case is different and ultimately the decision rests with how USCIS interpret it - in that respect then happen an element of 'luck' would feature into the whole scenario ( well it certainly wouldn't go amiss! ) as in VWP - Marriage - in-country AOS they are the ones that make the decision which is unchallengeable.
Bottom line YES it can be done ( and has been done by many, myself included) and when it all goes 'right' then it is relatively straight forward HOWEVER if for some reason it goes wrong then that will have both immediate and long-term immigration consequences for the OP. Thats really his choice to make. He can make that more of an 'informed' choice by a consult with a COMPETENT immigration brief who would be able to cover the pro's and possible cons in much more detail.
1 ) He entered with NO INTENTION to stay or adjust status on the VWP
He is able to marry on the VWP and remain in the USA and AOS or return to the UK and undergo the required process for entry as the spouse of a USC there. Of course if he does AOS in-country then the onus will be on HIM to prove / convince USCIS that he did not abuse the VWP ( ie entered with immigration intent) by proof of his ties to his home country. If they are not convinced then he would be removed ( which also would have consequences for any other future immigration / visits plans) Again based upon the OP's initial post there is no reason to assume that he wouldn't be able to prove his non-immigration intent to USCIS which ultimately is really what matters <---- proviso #1
2 ) His VWP ( 90 days) hasn't expired - so he is not yet an overstayer. Should this expire BEFORE he marries then YES this could well cause complications hence my advice to marry AND if possible get the AOS process underway before that happens. If that is NOT possible then he should be aware that should he come to the attention of ICE ( which can happen via even a routine traffic stop amongst other things) then he would be immediately placed in removal proceedings with no recourse to a court hearing / appeal etc - those rights are waived by VWP users. <-- proviso #2
3 ) If he is unable to marry and initiate the AOS procedure prior to his VWP expiry then this is not a deal-breaker as such as USCIS tends to 'forgive' overstays for spouses of USC's. HOWEVER should his and ICE's paths cross during that time then he WOULD be eligible for immediate removal USC spouse or not. He could also find himself facing a 3 or 10 year ban which would require a waiver to overcome ( a complicated, expensive procedure with no guarantee of success) depending upon the time of his overstay <---- proviso #3
4 ) Until such time as his AOS is complete ( which could be anything from 3 months to XXX months) then he would be advised NOT to leave the USA for ANY REASON. <---- proviso #4
Thats the situation as I understand it . Of course each case is different and ultimately the decision rests with how USCIS interpret it - in that respect then happen an element of 'luck' would feature into the whole scenario ( well it certainly wouldn't go amiss!
) as in VWP - Marriage - in-country AOS they are the ones that make the decision which is unchallengeable.Bottom line YES it can be done ( and has been done by many, myself included) and when it all goes 'right' then it is relatively straight forward HOWEVER if for some reason it goes wrong then that will have both immediate and long-term immigration consequences for the OP. Thats really his choice to make. He can make that more of an 'informed' choice by a consult with a COMPETENT immigration brief who would be able to cover the pro's and possible cons in much more detail.
Last edited by Songbird; Jul 10th 2008 at 4:03 am.
Jul 10th 2008, 4:10 am
#39
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Marriage under the VWP, what will happen?
*IF* the scenario as presented by the OP is correct ( and we have no reason to presume it isn't) then the procedure *should* be relatively straightforward with a few provisos.
1 ) He entered with NO INTENTION to stay or adjust status on the VWP
He is able to marry on the VWP and remain in the USA and AOS or return to the UK and undergo the required process for entry as the spouse of a USC there. Of course if he does AOS in-country then the onus will be on HIM to prove / convince USCIS that he did not abuse the VWP ( ie entered with immigration intent) by proof of his ties to his home country. If they are not convinced then he would be removed ( which also would have consequences for any other future immigration / visits plans) Again based upon the OP's initial post there is no reason to assume that he wouldn't be able to prove his non-immigration intent to USCIS which ultimately is really what matters <---- proviso #1
I would like to add I don't seem to of ever seen many if any denials for adjusting
2 ) His VWP ( 90 days) hasn't expired - so he is not yet an overstayer. Should this expire BEFORE he marries then YES this could well cause complications hence my advice to marry AND if possible get the AOS process underway before that happens. If that is NOT possible then he should be aware that should he come to the attention of ICE ( which can happen via even a routine traffic stop amongst other things) then he would be immediately placed in removal proceedings with no recourse to a court hearing / appeal etc - those rights are waived by VWP users. <-- proviso #2
3 ) If he is unable to marry and initiate the AOS procedure prior to his VWP expiry then this is not a deal-breaker as such as USCIS tends to 'forgive' overstays for spouses of USC's. HOWEVER should his and ICE's paths cross during that time then he WOULD be eligible for immediate removal USC spouse or not. He could also find himself facing a 3 or 10 year ban which would require a waiver to overcome ( a complicated, expensive procedure with no guarantee of success) depending upon the time of his overstay <---- proviso #3
4 ) Until such time as his AOS is complete ( which could be anything from 3 months to XXX months) then he would be advised NOT to leave the USA for ANY REASON. <---- proviso #4
Thats the situation as I understand it . Of course each case is different and ultimately the decision rests with how USCIS interpret it - in that respect then happen an element of 'luck' would feature into the whole scenario ( well it certainly wouldn't go amiss! ) as in VWP - Marriage - in-country AOS they are the ones that make the decision which is unchallengeable.
Bottom line YES it can be done ( and has been done by many, myself included) and when it all goes 'right' then it is relatively straight forward HOWEVER if for some reason it goes wrong then that will have both immediate and long-term immigration consequences for the OP. Thats really his choice to make. He can make that more of an 'informed' choice by a consult with a COMPETENT immigration brief who would be able to cover the pro's and possible cons in much more detail.
1 ) He entered with NO INTENTION to stay or adjust status on the VWP
He is able to marry on the VWP and remain in the USA and AOS or return to the UK and undergo the required process for entry as the spouse of a USC there. Of course if he does AOS in-country then the onus will be on HIM to prove / convince USCIS that he did not abuse the VWP ( ie entered with immigration intent) by proof of his ties to his home country. If they are not convinced then he would be removed ( which also would have consequences for any other future immigration / visits plans) Again based upon the OP's initial post there is no reason to assume that he wouldn't be able to prove his non-immigration intent to USCIS which ultimately is really what matters <---- proviso #1
I would like to add I don't seem to of ever seen many if any denials for adjusting
2 ) His VWP ( 90 days) hasn't expired - so he is not yet an overstayer. Should this expire BEFORE he marries then YES this could well cause complications hence my advice to marry AND if possible get the AOS process underway before that happens. If that is NOT possible then he should be aware that should he come to the attention of ICE ( which can happen via even a routine traffic stop amongst other things) then he would be immediately placed in removal proceedings with no recourse to a court hearing / appeal etc - those rights are waived by VWP users. <-- proviso #2
3 ) If he is unable to marry and initiate the AOS procedure prior to his VWP expiry then this is not a deal-breaker as such as USCIS tends to 'forgive' overstays for spouses of USC's. HOWEVER should his and ICE's paths cross during that time then he WOULD be eligible for immediate removal USC spouse or not. He could also find himself facing a 3 or 10 year ban which would require a waiver to overcome ( a complicated, expensive procedure with no guarantee of success) depending upon the time of his overstay <---- proviso #3
4 ) Until such time as his AOS is complete ( which could be anything from 3 months to XXX months) then he would be advised NOT to leave the USA for ANY REASON. <---- proviso #4
Thats the situation as I understand it . Of course each case is different and ultimately the decision rests with how USCIS interpret it - in that respect then happen an element of 'luck' would feature into the whole scenario ( well it certainly wouldn't go amiss!
) as in VWP - Marriage - in-country AOS they are the ones that make the decision which is unchallengeable.Bottom line YES it can be done ( and has been done by many, myself included) and when it all goes 'right' then it is relatively straight forward HOWEVER if for some reason it goes wrong then that will have both immediate and long-term immigration consequences for the OP. Thats really his choice to make. He can make that more of an 'informed' choice by a consult with a COMPETENT immigration brief who would be able to cover the pro's and possible cons in much more detail.
Totally agree with your thoughts and I might add that I don't remeber many if any folk that have been denied for adjusting on the VWP well not on expats!!
Jul 10th 2008, 4:13 am
#40
Joined: Mar 2003
Posts: 68,280
Re: Marriage under the VWP, what will happen?
so the plan was for me to come and accross and look after him....
Could be construed as working as a nurse ...
Jul 10th 2008, 4:22 am
#41
Professional Drama Queen
Joined: Dec 2007
Location: West Virginia
Posts: 1,061
Re: Marriage under the VWP, what will happen?
Jul 10th 2008, 4:54 am
#42
Professional Drama Queen
Joined: Dec 2007
Location: West Virginia
Posts: 1,061
Re: Marriage under the VWP, what will happen?
Jul 10th 2008, 11:05 am
#43
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage under the VWP, what will happen?
Your mileage may vary. Also, I have witnessed some tendencies [and based upon discussions at AILA Conference] that might very well lead to bad things happening.
I just tried a case in Alaska involving the K-2 age-out issue and this is an issue that broke out all over the country a few years back for unexplained reasons. The closest I've seen to a reason is that CIS does not consider the statute and case law "persuasive." In one district court case, now on appeal, a District Court judge ruled that since Congress did not issue a specific method of adjustment, it was "reasonable" for CIS to violate an express prohibition.
People exhibit a lot of certainty which IMHO may not be warranted.
I just finished a consultation which involved a recent change in interpretation of 212(a)(9)(C)(i) bar when a CHILD had been illegally in the US and was then carried out of and then back to the USA. This was one of the "hot" issues on inadmissiblity in the panel discussion I participated in [the other three lawyers on the panel with me were from Idaho, Nebraska and Florida]. And this was an issue in which ATTORNEYS all over the country relied on past practice and interpretation. AILA is putting out a "practice advisory" about what is happening.
My post on the "do you feel lucky" was on point [BTW, I did not post the second "do you feel lucky" scene from Dirty Harry. Perhaps I should have.].
Last edited by Folinskyinla; Jul 10th 2008 at 11:09 am.
Jul 10th 2008, 11:25 am
#44
Joined: Apr 2002
Posts: 35,082
Re: Marriage under the VWP, what will happen?
So, to recap, before this goes all over the place.
Original Question:Marriage under the VWP, what will happen?
Answer: No one can tell you.
Today, I am feeling for the OP. There's a long line of people asking me for large sums of money today for work that may or may not start in (plus or minus) 6 weeks from plans which have not yet been produced and may or may not pass inspection, allowing the work to even start. And I have to remove and replace a heating oil tank on good faith and hope I am not uncovering a $30K repair.
I feel sick.
I want guarantees too!!!
Original Question:Marriage under the VWP, what will happen?
Answer: No one can tell you.
Today, I am feeling for the OP. There's a long line of people asking me for large sums of money today for work that may or may not start in (plus or minus) 6 weeks from plans which have not yet been produced and may or may not pass inspection, allowing the work to even start. And I have to remove and replace a heating oil tank on good faith and hope I am not uncovering a $30K repair.
I feel sick.
I want guarantees too!!!
Jul 10th 2008, 11:36 am
#45
Septicity
Joined: May 2004
Posts: 23,762
Re: Marriage under the VWP, what will happen?
So, to recap, before this goes all over the place.
Original Question:Marriage under the VWP, what will happen?
Answer: No one can tell you.
Today, I am feeling for the OP. There's a long line of people asking me for large sums of money today for work that may or may not start in (plus or minus) 6 weeks from plans which have not yet been produced and may or may not pass inspection, allowing the work to even start. And I have to remove and replace a heating oil tank on good faith and hope I am not uncovering a $30K repair.
I feel sick.
I want guarantees too!!!
Original Question:Marriage under the VWP, what will happen?
Answer: No one can tell you.
Today, I am feeling for the OP. There's a long line of people asking me for large sums of money today for work that may or may not start in (plus or minus) 6 weeks from plans which have not yet been produced and may or may not pass inspection, allowing the work to even start. And I have to remove and replace a heating oil tank on good faith and hope I am not uncovering a $30K repair.
I feel sick.
I want guarantees too!!!
You hear of a few VWP->AOS rejections; you hear of a few big Power Ball winners.
I'd bet money on the OP having better chances of completing his quest than you of finding an honest plumber.
