wishman

Hi all...

My first post here, so please be gentle! I'm wondering if anyone can offer advice on my situation.

OK, My girlfriend (US citizen) and I got married back in September. I was here on the visa waiver program, but we hadn't actually planned anything. I mean we'd talked about the possibility, but decided against it. Things changed thoug when I was there in September. Bags were packed, and we had a few hours before my flight home. We talked and decided that we'd rather be separated as husband and wife, so went down to the court house and got married before going to the airport for an even more teary farewell!

We had no idea about the legal aspect at the time (IE cost and so on). I've been told that what we did was not "usual", but also not illegal, because the decision was made totally in the moment. When I entered the country I was here for a holiday and so no lies were told.

Anyway, I got bac to the UK and looked into the process of me emigrating permanently to be with my new wife. We were kinda taken aback by the cost! She's not been able to afford much, so I've had to fund the majority myself. It's been hard which is why we hadn't filed the papers yet. We budgeted enough for me to visit now, and for her to visit me in the UK at the start of next year.

A bit of recent bad luck has been turned into a bit of good luck for us though. Basically my dad and I both ride motorbikes. I've tried since Setember to sell mine to raise the funds. I haven't been able to sell it, but my dad recently wrote his off. He's just bought mine off me (it was in his garage for storage while I'm here anyway), so now we can afford the fees.

I'm in the US at the moment, on VWP. What is the course of action? Do I need to leave the US and for her to file when I'm back home in a couple of weeks? Or can we file here and I just stay, since I'm in the country now anyway (albeit without visa)?

I found this bit of info which seems to suggest that I can just go for Adjustment Of Status, since I'm the spouse of an American, and I entered legally

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to permanent residence in the United States even if they:
Have 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 without maintaining lawful status and the proper immigration documentation.

Were 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).
So does this mean that I can stay and not go home? I can post my keys back to my parents to clear my flat out (it's only small anyway!), and I'll have to let work know I'm not coming back, but basically if I can stay and it's legal then I will! We don't want to be apart any longer than normal, and I'm sure anyone would agree!

Sorry for the essay, and sorry if I seem a dunce... this is a total minefield to me and I don't want to put a foot wrong

Thanks in advance,

L.

wishman

O and if it's any help to clarify, we got married, I left, came back for a holiday, and now this is where we're at.

I was told that it would have been a lot simpler if we'd just got married spur of the moment in September and I hadn't come back. But at the time we didn't know that, plus I'd spent all my travel money! It's taken until now to get the filing fee money anyhow...

Tracym

I would suggest you get a consultation with a good immigration attorney before you leave the country. Just a consultation wouldn't cost much, and you can explore all your options and what will be the best course of action for you to take. I've had a consultation with a local one for $100, and more than worth the money. Shop around is my suggestion.

ian-mstm

It's not that I doubt your story, but this seems strangely familiar. Didn't someone else recently post something almost exactly the same?


You broke no laws. It's perfectly legal to enter the US to get married, and then leave again.


Now you're in a very grey area. Consult an immigration attorney.

Ian

wishman

From what I gather, this happens to other people, but I don't know how often or what the outcome would be for our situation

What I'm thinking now, after more research/questions/etc is that if I don't go back in the next few days I can sort out a return flight for some time later in the 90 days I'm allowed. just need to find out if immigration will hold me to the 2 weeks I said I was coming for, or if its just at my discretion that I leave at some other time within 90 days, and if so if I need to tell anyone official.

That might be ideal because I could then maybe wait here until maybe Jan, kill a couple of months off the waiting time, then wait the rest in the UK which wouldn't be quite as hard to cope with

Obviously I'd prefer to spend the whole time with her though, so I'll try and find a decent lawyer to see what they say.

fatbrit

You have no idea what you are doing. Don't go anywhere or do anything until you have the full information. It's out there (or even in here!) somewhere.

tamms_1965

See an immigration attorney before you think about leaving! My UK husband almost left after we got married in your situation, but we saw an attorney ($80) and are thankful we did.

Noorah101

Number ONE priority for your situation, right now, is to use some of that motorbike money to have a 1-time consultation with an immigration attorney, before you leave the USA.

Best Wishes,
Rene

meauxna

This thread is re-opened

fatbrit

I'll have an Americano then, please.

Eric S

You're allowed to stay as long as it says on your I-94. I think they usually give you 90 days, even if you say you're only visiting for a couple of weeks.

- Eric S.