Married on a Visa Waiver
#31
Re: Married on a Visa Waiver
Hi guys,
I've just got married to somebody I got to know on the internet 4 years ago. I finally went to visit and stayed with her, her brothers and her parents in their home for a month in March 2008 in California. We'd immediately connected on an emotional level, which made my departure really painful for both of us but at the time we were still considering ourselves only "friends". Ever since I'd been back home we talked every single day on Skype and been missing each other like crazy. So 6 months later I decided to go visit again for 3 months this time and try to see as much of the US as possible. We flew to San Francisco, rented a car and went on a joyride to Chicago among other stuff. Basically, what happened is that a couple of days after my arrival we declared our love for each other and two weeks ago we decided to get married. Her whole family has been so supportive of it and they love having me in their home. They literally have become my family now. It’s all such a crazy romance. I still feel like I’m in a movie. It’s wonderful.
I’ve been here for 74 days now and we just got married on Friday. I’m here on the 90 day Visa Waiver but don’t know how to proceed now about my immigrating. I think I need to apply for adjustment of status, is that correct? I am really scared about what to do because this was completely unplanned and our circumstances are really insane given we got to know each other on the internet, then I lived with her for a month without actually having previously met her and 6 months later I came back to stay for 3 months (90 days); I am really overwhelmed. Oh, and she is a US citizen. I’ve been reading on here and it seems some people suggest to leave the country and then apply for a K-Visa but I really don’t want to leave my wife and her family. I also read that I should submit my adjustment of status before my Visa Waiver expires!? And, how can I prove that I didn’t intend to stay in the US? Will my return ticket suffice? I also have a bank account back home.
I don’t know what to do.
Thank you so much for your help.
I've just got married to somebody I got to know on the internet 4 years ago. I finally went to visit and stayed with her, her brothers and her parents in their home for a month in March 2008 in California. We'd immediately connected on an emotional level, which made my departure really painful for both of us but at the time we were still considering ourselves only "friends". Ever since I'd been back home we talked every single day on Skype and been missing each other like crazy. So 6 months later I decided to go visit again for 3 months this time and try to see as much of the US as possible. We flew to San Francisco, rented a car and went on a joyride to Chicago among other stuff. Basically, what happened is that a couple of days after my arrival we declared our love for each other and two weeks ago we decided to get married. Her whole family has been so supportive of it and they love having me in their home. They literally have become my family now. It’s all such a crazy romance. I still feel like I’m in a movie. It’s wonderful.
I’ve been here for 74 days now and we just got married on Friday. I’m here on the 90 day Visa Waiver but don’t know how to proceed now about my immigrating. I think I need to apply for adjustment of status, is that correct? I am really scared about what to do because this was completely unplanned and our circumstances are really insane given we got to know each other on the internet, then I lived with her for a month without actually having previously met her and 6 months later I came back to stay for 3 months (90 days); I am really overwhelmed. Oh, and she is a US citizen. I’ve been reading on here and it seems some people suggest to leave the country and then apply for a K-Visa but I really don’t want to leave my wife and her family. I also read that I should submit my adjustment of status before my Visa Waiver expires!? And, how can I prove that I didn’t intend to stay in the US? Will my return ticket suffice? I also have a bank account back home.
I don’t know what to do.
Thank you so much for your help.
Personally, I stayed and done the AOS here in Dallas, didn't want to go back (had nothing to go back to really).
I understand your delimma, fine young lady, hoping plenty of intercourse)...welcoming family etc etc. BUT just be carefull, as your relationship progresses you will naturally go through a "culture shock"...it happens to pretty much everyone. YOU will go through a huge emotional rollercoaster ride with the INS, with your new wife and her family.
You won't be the only one that has done the AOS this way, and you won't be the last. Just don't do anything stupid...i.e. DWI or get into a fight etc and be VERY patient, take each day as it comes and enjoy yourself...the INS has bigger fish to fry, they won't be aiming for you or "trying to get you"...You'll be alright mate.
All the best.
Last edited by Yosser; Dec 24th 2008 at 5:20 pm.
#32
Re: Married on a Visa Waiver
I am NOT trying to disapprove the fact that i have changed my mind about staying in the country since I've got married. It's true. I want to stay here. I AM trying to prove that at the port of entry i did not intend to stay in the united states. In order to help prove that state-of-mind i mentioned my ties to the UK. I clearly have a full-time job and a rental agreement. The fact that i NOW value staying with my wife more than my ties in the UK should not have anything to do with my INTENT at the port of entry.
anyone disagree?
anyone disagree?
I mean, think about it. Common sense says that someone who has a full-time job, a rented apartment/house filled with furniture, clothes, TV, appliances, dishware, CDs/DVDs, photo albums, personal records, etc... utilities, bank accounts, a cell phone, bills to pay, etc can't just go on vacation and never come back. There are just too many loose ends to tie up. So the fact that you CAN just leave like that and never return doesn't make much sense to your average person -- which means it might not make sense to the USCIS officer deciding your case.
I'm just playing devil's advocate here, and in the process trying to show you how someone who doesn't know you from Adam could objectively look at your situation. I'm not saying that USCIS will sees it this way -- but they could, and that's just something you should be aware of and willing to accept.
~ Jenney
#34
Re: Married on a Visa Waiver
Just go down to the local INS office and get the paperwork and fill it out (easier said than done)...I spent a total of a dozen trips and about 50 hours stood in line just to get all paperwork done and questions asked (couldn't afford a attorney).
as soon as possible apply for a temp work visa, so your not blagging off the wife, and let the process unfold.
KEEP your u.k. bank account, that way family and friends can put cash into that account and you can withdraw the cash here in the states. (for a small ATM fee of course...Bank of america charges $2.50 per transaction and you will be charged a few quid at your other account in the u.k.).
Keep the missus sweet, enjoy the weather and the rest is gravy.
as soon as possible apply for a temp work visa, so your not blagging off the wife, and let the process unfold.
KEEP your u.k. bank account, that way family and friends can put cash into that account and you can withdraw the cash here in the states. (for a small ATM fee of course...Bank of america charges $2.50 per transaction and you will be charged a few quid at your other account in the u.k.).
Keep the missus sweet, enjoy the weather and the rest is gravy.
#35
Re: Married on a Visa Waiver
All the same, best of luck to the OP. I hope he keeps us filled in on how things go.
~ Jenney
#36
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Married on a Visa Waiver
Just go down to the local INS office and get the paperwork and fill it out (easier said than done)...I spent a total of a dozen trips and about 50 hours stood in line just to get all paperwork done and questions asked (couldn't afford a attorney).
as soon as possible apply for a temp work visa, so your not blagging off the wife, and let the process unfold.
KEEP your u.k. bank account, that way family and friends can put cash into that account and you can withdraw the cash here in the states. (for a small ATM fee of course...Bank of america charges $2.50 per transaction and you will be charged a few quid at your other account in the u.k.).
Keep the missus sweet, enjoy the weather and the rest is gravy.
as soon as possible apply for a temp work visa, so your not blagging off the wife, and let the process unfold.
KEEP your u.k. bank account, that way family and friends can put cash into that account and you can withdraw the cash here in the states. (for a small ATM fee of course...Bank of america charges $2.50 per transaction and you will be charged a few quid at your other account in the u.k.).
Keep the missus sweet, enjoy the weather and the rest is gravy.
It's not a "temp work visa" - it's the EAD. But same idea
#37
Re: Married on a Visa Waiver
http://www.uscis.gov
~ Jenney
#38
Re: Married on a Visa Waiver
Its been 10 years, I have forget all the proper names for the paperwork.
online eh? wish I had that option...but then again, I did enjoy standing in a mile long line, at 5am with half of Mexico.
#39
Re: Married on a Visa Waiver
That's quite unnecessary. All the forms and instructions are available online:
http://www.uscis.gov
~ Jenney
http://www.uscis.gov
~ Jenney
alright keep the hair on.
#40
Re: Married on a Visa Waiver
Plenty of time! Medical might not be possible, but you can always wait for the RFE for that. The important thing is to make sure the other stuff arrives before the 90 days are up.
#42
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Married on a Visa Waiver
I think its really unfair to say I am only trying to hear what i want to hear from the users on this message board.
I am NOT trying to disapprove the fact that i have changed my mind about staying in the country since I've got married. It's true. I want to stay here. I AM trying to prove that at the port of entry i did not intend to stay in the united states. In order to help prove that state-of-mind i mentioned my ties to the UK. I clearly have a full-time job and a rental agreement. The fact that i NOW value staying with my wife more than my ties in the UK should not have anything to do with my INTENT at the port of entry.
anyone disagree?
I am NOT trying to disapprove the fact that i have changed my mind about staying in the country since I've got married. It's true. I want to stay here. I AM trying to prove that at the port of entry i did not intend to stay in the united states. In order to help prove that state-of-mind i mentioned my ties to the UK. I clearly have a full-time job and a rental agreement. The fact that i NOW value staying with my wife more than my ties in the UK should not have anything to do with my INTENT at the port of entry.
anyone disagree?
Fine -- you've made up your mind. Do what you want to do. However, your thread raises issues way beyond your own case. People are cautious for CYA of themselves. No reason to be offended at that.
AOS off VWP [aka "visa express"] has been a topic of conversation for years. However, one of the problems is that this forum is not just on the "internet" -- but it is on the WorldWideWeb -- many people don't realize that the internet preceded the WWW.
OK, if I see you in my office here in the United States -- I can advise you of the pros and cons of your various options. However, I would not advise someone how to make a VWP entry in order to get married here. You say you are here -- how do we know that other than your statement. More troublesome is the fact that people who are outside of the US may use your case as a planning tool.
The criminal law of conspiracy and of "aiding and abetting" can be scary. In fact, the Federal aiding and abetting statute, 18 USC 2, has two subparagraphs -- (a) & (b). (a) is common law aiding and abetting. However, (b) is a huge expansion of that.
To be honest, asking people on the Internet to advise you is asking them to expose themselves to possible criminal liability. Has it happened? Not that I know in immigration -- but it has happened in recommending ways to commit tax evasion.
For years, VWP to AOS was no problem. However, in the last few years, there have been cases where the inherent risks have become very real.
Look, some dear friends of mine were unable to have a child as the woman's biological clock was ticking -- with extremely expensive medical assistance, she finally conceived and gave birth to a beautiful baby boy. They were happy to have the one child. Due to experience, they had ceased contraception. The twins were born 20 months after the birth of their first child.
Point is -- past experience may not be a valid indicator of what may happen in the future.
All we are saying is that there are risks in taking your course of action -- the liklihood of bad things happening may be low, but when they do happen -- the consequences are catastrophic. J Fong and I have a habit of referring to "janitorial work" -- cleaning up messes. But the possible adverse consequences of your course of action may be beyond what janitorial work can do. [Also, both J and I have been at this long enough to note that if something becomes popular because it works, the Dark Forces will often see this as a "circumvention of the law" and clamp down hard on it].
Do you what you want to do -- but don't expect validation on this forum.
Good luck.
Last edited by Folinskyinla; Dec 24th 2008 at 5:43 pm.
#43
Re: Married on a Visa Waiver
as soon as possible apply for a temp work visa
Rene
#44
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Married on a Visa Waiver
I know where you are coming from, but filing before the 90 days can be seen as a negative discretionary factor and "discretion" is immune from judicial review.
I know it makes no sense -- but this is immigration.
#45
Just Joined
Thread Starter
Joined: Dec 2008
Posts: 9
Re: Married on a Visa Waiver
thanks everyone!
you've been very helpful.
if i was to leave the states before my 90days and then apply from my country would i be able to visit my wife while we're waiting for the paper work to go through?
you've been very helpful.
if i was to leave the states before my 90days and then apply from my country would i be able to visit my wife while we're waiting for the paper work to go through?