Married to a brit(please help!)
 

Hi everyone,

I just wrote a long post and then some how the webstie seemed to delete it, so I'm going to try this as a test first and then explain my story in bits and see if that works instead...

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I am new to this forum and am looking to see if anyonw can offer me some advice. I have situations similair to many of you, but in some ways it gets more complicated that the average. A few weeks ago I got married to a brit here in the US. We are planning on pursuing the spousal visa process as soon as he goes home, which is in a matter of days. It kills me to let him get on that plane without me, but I don't really have much of a choice. I may be able to go visit him for a short time while he is waiting things out in England, but that is about the extent of it. You see my father was recently diagnosed with ALS(one of the diseases of the MDA), which is a fatal disease of the nervous system and is going down hill very rapidly. This will probably be his last Christmas, so I feel like I'm going to have to stay here to spend time with him while I still can...

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This of course means that I'm not in all likelyhood going to be able to spend Christmas with my husdand which kiils me. Yet, I don't see myself as having very much choice with the K-3 process taking anywhere from 2-6 months most likely. Part of the reason we went and decided to get married spur of the moment though was so my father could do it while he is still capable mentally and phsically... so this is the situation we are left with. To top it off my own condition is being aggravated by all the stress and heartache(not to mention tears) that this is causing. I have a rare condition that has partially paralyzed my stomach and can cause me to be extremely physically ill when it isn't under control. I've battled it up and down for 2 1/2 years, but I've finally been in good health for the last 4-6 months. At the moment though it is taking everything I have to just to keep myself out of the hospital. Which you can imagine with a situation like that which can be aggravated by being stressed my husband being away and God forbid not here to support me when my father passes away.... I could petentionally become one very sick person(maybe not keep any food down for months, have to live off IV's). ... I don't mean to bore you anyone, but I'm jsut trying to explain that it isn't as easy for me as just stepping on a plane...

... though of course God knows I wish it was. We've been to lawyers and haven't been offered any other options than waiting out the K-3 process. Although I did read on these boards something about me getting a UK spousal visa and then turning around and applying for him to come to the US with me. At the moment I don't see that as an option, but despite that I would very much appreciate some more details about that and about how long it might take. I do apoligize for rambling back and forth, but thinking about all of this upsets me a great deal. What I'm also wondering is my Mom has asked if there is anyway that by writing about the circumstances of the situation to my Congreessman there might be anyway to expedite the process. I realize other people have gone through these types of situations here and that is why I have turned here for advice. In a way it seems like I'm having to choose my family over my husband, which is not something I ever pictured myself doing, and can be very hard for my husband to understand at times(though he tries his hardest, it can be tough to fight emotions). I have already put off finishing my degree for a semester or two to be with my father, but I also wish I could be with Phill(my husband)... If there is any help or advice anyone can offer about a way to speed up the proces or just experience with writing congressman and if there is anyway they can help... any advice on our istuation is greatly apprciated. Thank you so much for your time...

May god bless us all,
Katie

Since he is in the US and now married to you why don't you simply submit the AOS paperwork, apply for his permanent residency now and let him stay here.

If you are considering this he should not leave the US in a few days.

Given the crisis you are in it seems reasonable.

He could then apply for advance parole to return to the UK to sort things out in a few months.

I think you posted a few weeks/ months ago about your boyfriend's pending visit., I seem to recall details of your situatino.

Shannon

If he is in the country and you did really marry spur of the moment (I assume he entered on a visa waiver), you could apply for adjustment of status for him from within the US. He would be able to travel back to the UK using AP once he gets it, but can not leave before he does. I am not sure if that could be an option, but this way he gets to stay and you do not have to go the K3 or spousal visa way.

As to how long he is stuck in the US (before AP) depends on where in the US you are.

Tell us where you are and we could help you more.

Caroline

Well I know about the adjustment of status, but we are fearful of this. When Phill and I came home to the US in June he was questioned very heavily at immigartion due to his repeated visits to the states and was all msot sent home. So, because of this and the the immigration officers learning about our relationship(though in the end they let him through), I didn't really think that was an option to us... If there is some way that it can be I would be very intrested to know. For your information we are in Texas.

and yes he is on the VWP

That does not mean anything. If your marriage was truly spur of the moment as you say, he can stay in the US and adjust status. I'm assuming he has to settle things back in the UK and he should not do that until he has advance parole which he can file for when he files for AOS.

Read the following (Tourist Visa Adjustment)

http://k1.exit.com/

Note the fees are not correct but the processing remains the same. What BCIS district office would you be using in Texas? Perhaps you are able to file in person and that would cut the time frame for the wait on advance parole down a little. Of course that is assuming he has the ability to get his hands on the documentation needed for filing.

Rete

The immigration officer talked to me and found out that I was his fiancee and discussed with my husband applying for a fiancee visa, etc. We didn't have a date planned but it was in our minds as an eventuality and was just rushed up, maybe I worded it wrong, we decided to go ahead a have a wedding on short notice... maybe I didn't explaing myself well enough. The immigration officer accused him of intended immigration even though my husband did have the intention and still does of returning to the UK whether we were married or not. He told the immigration officer that he did eventually intend to marry me and immigrate eventually.... so in the eyes of the law if they keep record of that our chances aren't that good to adujst his status. Not in these days anyway... Although they did let him through with the belief he did intend to return home. I guess that complicates things further for us.

If he has been in the US since June, and genuinely had intention to return after his three month stay, I cannot see any problem with submitting AOS papers.

The only problem you may encounter when apply to adjust status is that the BCIS may suspect that you planned to marry all along. If you have not fraudulently planned this whole thing (And I don't think you did, since your post has him heading home) you should be able to convince the BCIs of this.

Perhaps, because of the stress you are already under you should use the servces of an immigration attorney to help you keep things moving.

Also, while it may mean nothing, avoid saying things like "when Phil and I came home to the US" which implies he considered this home and was residing here, not the UK".

Shannon

DONT LET HIM LEAVE!!!!!

It really sounds like your wedding was the spur of the moment. Even though he was questioned at immigration, it sounds like he truly did intend to return to the UK.

I can't find the link right now, but I will post it when I do, it was sent on a post I made by Lairdside. Having "immigration intent" when entering the US is not in itself a bar to adjusting status! If he stays and you adjust status and everything else is above board, you should have no trouble! The link is to the court case precedent for this.

I married my husband on visa waiver, as did several people here. The process has been much, much smoother than I really expected it to be. If youre really worried, hire an attorney. We've not had our interview yet, but others I have talked to who also married on visa waiver, have told me they were not even questioned on that during their interview. If your marriage is truly a "good faith" true love match, they dont seem too worried about you. Of course, there's always exceptions.

SERIOUSLY, DONT LET HIM LEAVE!!!!

Adjusting status is THE WAY to go!

Could anyone maybe recommend a lawyer then?? The lawyer we are working with doesn't seem to think it is an option for us and another has said that it would only be an option for us under a tourist visa(not VW). We don't really trust her though because she recommened to us(before we married) him going home to England and applying for a tourist visa and lying to them about coming over to travel the country with American friends.... so needless to say we don't deal with her anymore.

And yes ours is the real deal, we've known each other for over 2 years now and have visited back and forth. What scared us into going ahead and getting married was the fact that even though to our knowledge we weren't doing anything wrong(no lawyer had told us we were), the immigration officer didn't seem to see it that way. It was only after questioning me about my now husband that I think he softened his attitude. He told Phill that he I was a really nice girl who seemed to care a lot about him(I had told the immigration officer what he wanted to know while in tears because I was so worried). It was then that he spilled the whole story to the immigration officer about us... they delibirated and eventually told him it must be his lucky day.

oops he thought