Piptay

Can anyone help with a small question

I am a UK citizen and my girlfriend is American

what would be the outcome if im on a visitor visa waiver form and we got married in the USA would I be deported and if not what sort of approach would i have to follow to become a permanent resident ie paperwork etc

I have no reason to return to the UK so i wouldnt need a parole visa or anything as i have heard that someone got married here and then went home and now cant return i dont know how true that is either


Any help would be greatfully appreciated thx

S B

Piptay wrote:
    >
    > Can anyone help with a small question
    >
    > I am a UK citizen and my girlfriend is American
    >
    > what would be the outcome if im on a visitor visa waiver form and we got
    > married in the USA would I be deported and if not what sort of approach
    > would i have to follow to become a permanent resident ie paperwork etc
    >
    > I have no reason to return to the UK so i wouldnt need a parole visa or
    > anything as i have heard that someone got married here and then went
    > home and now cant return i dont know how true that is either

If you have no reason to return to the UK then you are illegally in the
US - a condition of your visa waiver entry was your intent to return
home.

That said, it is recognized that what you're proposing does happen, and
is actually permitted - you can expect intense scrutiny - this will look
like a marriage of convenience. Ever see the movie "Green Card" with
Andie McDowell and Gerard Depardieu ? If not I'd recommend you watch
it.

    > Any help would be greatfully appreciated thx

stevelisaw

pfffffft..........try looking at our site .....we married while Steve was here on a B1/B2 visa in 1998. Gee he's still here living with me, never spent a night alone. Before you get your knickers in a knot SB, we did after Steve asked me to marry him while in the US, call an immigration attorney in our city who told us NOT to have Steve go back to the UK, but just file AOS (adjustment of Status) after we marry.

If this person is already here in the US, didn't decide to marry until having been here a bit with his friend, he's not lied upon entry at the POE (Port of Entry).

So is this person on a B1/B2 (sometimes people call them visitors visas) or are they here on a visa waiver. Have they overstayed?

I think before you just throw out "Green Card" as an example you need to get a few more facts.

I would not suggest committing fraud, planning a wedding coming to the US with intent on marriage. But, if you are here already and decide to marry, that isn't committing fraud.

The best thing to do is if you are here in the US, contact an immigration lawyer and see what they tell you is in your best interest to do.

S B

stevelisaw wrote:
    >
    > Originally posted by S B
    > > Piptay wrote:
    > > >
    > > > Can anyone help with a small question
    > > >
    > > > I am a UK citizen and my girlfriend is American
    > > >
    > > > what would be the outcome if im on a visitor visa waiver form
    > > and we got
    > > > married in the USA would I be deported and if not what sort of
    > > approach
    > > > would i have to follow to become a permanent resident ie
    > > paperwork etc
    > > >
    > > > I have no reason to return to the UK so i wouldnt need a parole
    > > visa or
    > > > anything as i have heard that someone got married here and then
    > > went
    > > > home and now cant return i dont know how true that is
    > > either
    > >
    > > If you have no reason to return to the UK then you are
    > > illegally in the
    > > US - a condition of your visa waiver entry was your intent to return
    > > home.
    > >
    > > That said, it is recognized that what you're proposing does
    > > happen, and
    > > is actually permitted - you can expect intense scrutiny - this
    > > will look
    > > like a marriage of convenience. Ever see the movie "Green Card" with
    > > Andie McDowell and Gerard Depardieu ? If not I'd recommend you watch
    > > it.
    > >
    > > > Any help would be greatfully appreciated thx
    >
    > pfffffft..........try looking at our site .....we married while Steve
    > was here on a B1/B2 visa in 1998. Gee he's still here living with me,
    > never spent a night alone. Before you get your knickers in a knot SB,
    > we did after Steve asked me to marry him while in the US, call an
    > immigration attorney in our city who told us NOT to have Steve go back
    > to the UK, but just file AOS (adjustment of Status) after we marry.

You can pffffft all you like, but one of the conditions of entry on B1/2
or Visa Waiver is that you must not have immigrant intent. If you
display that intent *on entry*, you will be sent home and not be
admitted. Sure people don't tell the INS the full truth and do enter
with immigrant intent and do get married and work their way through the
loopholes of the law by doing just as you did.

    > If this person is already here in the US, didn't decide to marry until
    > having been here a bit with his friend, he's not lied upon entry at the
    > POE (Port of Entry).

That's what I said.

    > So is this person on a B1/B2 (sometimes people call them visitors visas)
    > or are they here on a visa waiver. Have they overstayed?
    >
    > I think before you just throw out "Green Card" as an example you need to
    > get a few more facts.

What I meant by that was as to an example of the kind of suspicion that
people can encounter when they get married.

    > I would not suggest committing fraud, planning a wedding coming to the
    > US with intent on marriage. But, if you are here already and decide to
    > marry, that isn't committing fraud.

It's taking advantage of a partially designed loophole in the law ...
but yes, it's legal.

    > The best thing to do is if you are here in the US, contact an
    > immigration lawyer and see what they tell you is in your best
    > interest to do.

Absolutely.

Just understand that I will not make postings that suggest that you can
be blasee in your attitude to the INS (CBS and BCIS now) because over
the years I have seen and heard far too many tales where things did not
go successfully as yours did. I'm not saying don't do something, unless
it's illegal, but rather to say that if you do do something that has the
potential for problems, here's what they are. You might consider that
negativity, but I call it responsible. I do NOT want to be responsible
for saying "Yeah, do it, the INS won't care 'cos people do it all the
time" and having the person experience all the wrath that the INS can
bring because he accidentally said the wrong thing at the wrong moment.
"I'm coming to the US to see my girlfriend" "Really? Are you planning a
wedding? (in a nice friendly, seemingly personally interested voce)"
"Not yet, we want to live together for a while to see if we're
compatible" BANG! Wrong answer.
It's too easy to mess up.

Stuart

Piptay

I have entered on a visa waiver form 1-94W and had no intent on getting married but when i say i have no reason to go back i mean that i have no house etc that needs to be sold or anything else stopping me from remaining here as all my stuff is at my parents (not much) but some

Thanks for the advice on getting a lawyer to sort things and this does seem to be the best course my main concern was that i didnt want to get married only to be thrown out and then not see my wife for a long time that would break both of our hearts

If anyone knows of a good lawyer here in california or more precise stockton that would also be appreciated

Thanks again

S B

Piptay wrote:
    >
    > I have entered on a visa waiver form 1-94W and had no intent on getting
    > married but when i say i have no reason to go back i mean that i have no
    > house etc that needs to be sold or anything else stopping me from
    > remaining here as all my stuff is at my parents (not much) but some

See how using the wrong words can cause you all kinds of problems ????
That's a perfect example. As to entry on the I-94W without home etc,
that's how people get refused on second close entry ... no way to prove
close ties outside the US

    > Thanks for the advice on getting a lawyer to sort things and this does
    > seem to be the best course my main concern was that i didnt want to get
    > married only to be thrown out and then not see my wife for a long time
    > that would break both of our hearts
    >
    > If anyone knows of a good lawyer here in california or more precise
    > stockton that would also be appreciated

Shusterman is well respected .... www.shusterman.com

With the internet, your lawyer doesn't need to be immediately to hand.

Piptay

I can also see how being obnoxious causes problems

<<See how using the wrong words can cause you all kinds of problems ????
That's a perfect example. As to entry on the I-94W without home etc,
that's how people get refused on second close entry ... no way to prove
close ties outside the US>>


As for not having a home causeing a problem well i have never owned one and travelled to 9 states in the USA and a further 14 countries around the world and never had a problem proving where i live in the UK just because im not a home owner

As for using the wrong words lol well i spose ill put it down to the fact im British and some Americans have a problem understanding English. Hence the fact that its a good move to get facts before making assumptions.

stevelisaw

ROFLMAO! I find Stuart an annoying git as well.

S B

Piptay wrote:
    >
    > I can also see how being obnoxious causes problems

Sorry you feel that way, but I tell things the way they are - I don't
want anyone coming in front of the INS and being humiliated and bullied
by INS people (as I've seen happen many times) because of my giving
blasee advice.

    > That's a perfect example.

What I was driving at by that comment was that the words you used, if
hinted at in front of an INS officer or Visa officer is going to land
you in trouble because if I can misinterpret them (which I actually
didn't by the way, I was trying to show how an INS officer might react)
then you can be sure that an INS officer could easily do so.

You have to remember that the INS (now CBS and BCIS) job is to keep
people out of the country as their PRIMARY duty. It's the foundation of
US immigration law that anyone who appears at a port of entry is an
intended immigrant and they must be kept out. The INS took that duty
over-zealously in my book, but that's the way it is.

As to entry on the I-94W without home etc,
    > that's how people get refused on second close entry ... no way to prove
    > close ties outside the US>>
    >
    > As for not having a home causeing a problem well i have never owned one
    > and travelled to 9 states in the USA and a further 14 countries around
    > the world and never had a problem proving where i live in the UK just
    > because im not a home owner

But too many trips to the USA in too short a time span will raise flags
and the fact that you can't show ties abroad can easily result in
refusals. Immigration attorneys get calls daily from people about to be
put back on airplanes abroad.

    > As for using the wrong words lol well i spose ill put it down to the
    > fact im British and some Americans have a problem understanding English.
    > Hence the fact that its a good move to get facts before making
    > assumptions.

That's not it at all ... It's that the INS look for words that to them
stand out like flags. I spent 7 years in the US on work visas ... I
would be asked "Where do you live?" My response was "Colorado". The
first time I replied like that "No you don't". I quickly amended my
answer to "Temporarily in Colorado under the terms of TN status". He
replied "Now that's the correct answer". The same applies to UK
immigration and customs ... they look for keywords in your replies.
Some of the INS officers I met clearly had their own agendas and chips
on their shoulders, which they could get away with under the law.

I'm not trying to be beligerant and awkward ... honest.

Stuart (a British ex-pat myself)

S B

stevelisaw wrote:
    >
    > Originally posted by Piptay
    > > I can also see how being obnoxious causes problems
    > >
    > >
    >
    > ROFLMAO! I find Stuart an annoying git as well.

And I can see that you don't give a tinkers cuss about being blasee in
your dealings with the INS ... and giving advice based on your success
with that attitude. Sadly it doesn't always work that way.

Stuart

btw ... what you think of me is none of my business. There are lots of
people who have been more than happy with my answers. It's usually the
people who treat the INS like they don't matter who find me an annoying
git.

Steve And Lisa

Oh geez you do have a bee up your arse don't you.

I've never taken the INS for granted and have always followed the rules. We
did what a LAWYER told us to you ignorant putz.

Being happy with your answers doesn't make you an INS guru, but rather
someone that thinks they know it all and sadly poor misguided souls will
listen to you.

So unless you are a US immigration attorney (which I doubt) then sod off
with your high and mighty holier than though attitude.

"S B" wrote in message
news:[email protected]...
    > stevelisaw wrote:
    > >
    > > Originally posted by Piptay
    > > > I can also see how being obnoxious causes problems
    > > >
    > > >
    > >
    > > ROFLMAO! I find Stuart an annoying git as well.
    > And I can see that you don't give a tinkers cuss about being blasee in
    > your dealings with the INS ... and giving advice based on your success
    > with that attitude. Sadly it doesn't always work that way.
    > Stuart
    > btw ... what you think of me is none of my business. There are lots of
    > people who have been more than happy with my answers. It's usually the
    > people who treat the INS like they don't matter who find me an annoying
    > git.

S B

Steve and Lisa wrote:
    >
    > Oh geez you do have a bee up your arse don't you.
    >
    > I've never taken the INS for granted and have always followed the rules. We
    > did what a LAWYER told us to you ignorant putz.
    >
    > Being happy with your answers doesn't make you an INS guru, but rather
    > someone that thinks they know it all and sadly poor misguided souls will
    > listen to you.
    >
    > So unless you are a US immigration attorney (which I doubt) then sod off
    > with your high and mighty holier than though attitude.

I reiterate ... what you think of me is none of my business ... You can
call me all the names you want ... That says more about you than it does
about me.

Seems to me that you're the one with the attitude problem.

I certainly don't "know it all" - I don't pretend to - which is why I
don't answer questions I don't know about or am uncertain about. I
answer the questions I do know about and I tell it like it is. You
don't like that, then that's your problem.

Steve And Lisa

I suppose having a battle of whits is pointless with you as you are unarmed
and unprepared. Obviously.

S B

Steve and Lisa wrote:
    >
    > I suppose having a battle of whits is pointless with you as you are unarmed
    > and unprepared. Obviously.

Your spello was appropriate ...

Whit ...

The least bit; an iota: doesn't give a whit what was said; not a whit
afraid.

As for what you really meant, this isn't about wits or battles. It's
about advice that can be counted on.

You used a lawyer, you were prepared, so you were less unlikely to face
the wrath of some INS inspector with a chip on his shoulder (and believe
me, there are plenty of them ... look up the history of Portland OR and
other Seattle area ports for starters).

Many people who come to the US are not so prepared. As I've said
before, I've seen people humiliated and verbally assaulted by the INS as
a result of not being careful about the words they use to an INS
officer. Some of the ideas expressed in this thread would raise red
flags to officers if expressed as they were here.

Sure you think I'm negative - fair enough, but calling me names and
verbally assaulting me isn't going to make me change that stance.
Clearly you've never been on the end of an INS officer's verbal
assault. You're lucky.

Stuart

Piptay

Instead of coming across like an A HOLE why didnt you suggest the obvious ??

<<You used a lawyer, you were prepared, so you were less unlikely to face
the wrath of some INS inspector with a chip on his shoulder>>

as for whit lol you have none and btw i like the typo also ...................

<<As for what you really meant, this isn't about wits or battles. It's
about advice that can be counted on.>>

and for goodness sakes you can really tell your from the UK this is a clasic example of the reason i hate the country to the core your attitude stinks

Sorry but given a choice id burn the living daylights out of my passport without a second thought (UK passport)

Steve and Lisa thank you again for your advice and the website you have it has been hugely appreciated by myself and my girlfriend and we are going to see a lawyer and see what progresses

thanks again