I do have another worry though because the original lawyer we worked with had us persuing the travel visa and then adjustment of status(though we dropped that idea)... My fiancee applied for his police certificates although later we figured out it what she was trying to have us do was illegal not to mention dangerous... If they were to see a back date on these would that ruin our case.

I quote Folinskyinla, an immigration lawyer who often posts here.
He gave a prior poster some recommendations of good lawyers In Texas:

"Recommendations in Dallas:

Eugene Flynn
Steven Ladik
John Wheat Givson
Harry Joe
Karen Pennington
Barbara & Stewart Rabinowitz"

Hi,

Visit immigration.gov. They have all the convoluted rules about this. I think that with VWP, one can not, in general, adjust status, unless it is on the basis of being an immediate family of a US citizen, which includes spouses. I think you should adjust status while he's still in the country and apply for advanced parole, as most everyone has suggested.

Best of luck.

Actually, the police certificates are not needed for adjustment of status. Like I said before, I married on visa waiver and am almost to the interview portion. No form requires them, nor does the interview. The only reason I have one for my husband is I was worried there could be something on it, which there wasnt :).

Re: Married to a brit(please help!)
 

gbfankate <[email protected]> wrote in message news:<[email protected]>...
    > 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...

i also married a "Brit" here in the states and i know we were told for
a "fact" in person at the immigration office that he COULD NOT leave
until we went through the "AOS Process...aka: Adjustment of Status".
(which we finally did)

Re: Married to a brit(please help!)
 

gbfankate <[email protected]> wrote in message news:<[email protected]>...
    > 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.

my then UK (now husband) visited 4 times using the VWP and also was
questioned (POE Boston), the 4th visit he stayed and we married 'spur
of the moment'...then applied for the AOS, 8 months later got our
interview and all went well. i understand the heartache in your story
but if he leaves now your in for much MORE...he definatly should go
thru the AOS first, take my word for it...or you may stay seperated a
very long time!

Re: Married to a brit(please help!)
 

gbfankate <[email protected]> wrote in message news:<[email protected]>...
    > I do have another worry though because the original lawyer we worked
    > with had us persuing the travel visa and then adjustment of
    > status(though we dropped that idea)... My fiancee applied for his police
    > certificates although later we figured out it what she was trying to
    > have us do was illegal not to mention dangerous... If they were to see a
    > back date on these would that ruin our case.


your story is exactly the same my husband and i went through....wow,
we didnt even use a lawyer though, even though my (now) UK husband was
prevented once from returning to the USA while in the UK renewing his
VW the 2nd time. (he had a one-way ticket to come back to the states
and the Brit. officer over there told him to 'throw it out and buy a
round trip ticket or the BCIS wouldnt let him stay here in the states
once he arrived). which he did and came back no prob. Somewhere on
this board is our AOS experience and story, ect ect. if you look up
posts made by "ladiegrey39" i believe (seems ages ago)..ill try and
find them, then you can see what we went through also. my fingers are
crossed for you both but whatever you do, do NOT have him go back to
the UK before you apply for adjustment of status and advanced parole.

Re: Married to a brit(please help!)
 

jadm wrote:
    >
    > i also married a "Brit" here in the states and i know we were told for
    > a "fact" in person at the immigration office that he COULD NOT leave
    > until we went through the "AOS Process...aka: Adjustment of Status".
    > (which we finally did)

He is free to leave whenever he wishes, returning might take awhile
though. He could leave and then reenter on a K3 or IR/CR visa after
I-130 is filed and approved (and the interview)

Re: Married to a brit(please help!)
 

jadm wrote:
    >
    > your story is exactly the same my husband and i went through....wow,
    > we didnt even use a lawyer though, even though my (now) UK husband was
    > prevented once from returning to the USA while in the UK renewing his
    > VW the 2nd time.

What do you mean "renewing"?

(he had a one-way ticket to come back to the states
    > and the Brit. officer over there told him to 'throw it out and buy a
    > round trip ticket or the BCIS wouldnt let him stay here in the states
    > once he arrived).

This is true.. VWP generally requires a return ticket.

If you do marry "on the spur of the moment" and apply for AOS and get Advance Parole - do they have to let you back in to the US with the Advance Parole (even without the fiance visa in your passport)?

Re: Married to a brit(please help!)
 

On Thu, 11 Sep 2003 10:56:24 +0000, catswhiskers
<[email protected]> wrote:

    >If you do marry "on the spur of the moment" and apply for AOS and get
    >Advance Parole - do they have to let you back in to the US with the
    >Advance Parole (even without the fiance visa in your passport)?

Apparently they never "Have" to let you back in the USA but if there
are no suspicious circumstances you stand a pretty good chance
--
Denis

How do you tell when you run out of invisible ink?