PaulTheActor

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.

Noorah101

You basically have two choices:

1. Stay here and adjust your status (AOS). This comes with risks, as in if it gets denied, you have no way to appeal USCIS' decision. It's better if you submit your AOS paperwork before the 90 day VWP expires, yes. But it's still a risk. Basically it's illegal to come to the USA as a visitor with the intent to remain and adjust status, and the onus is on you to prove you did not have that intent when you came here. Also be aware you won't be able to work until you have your employment authorization (EAD) in hand, which takes about 90 days after filing AOS. You also won't be able to leave the USA (and safely return) until you have advance parole (AP) in hand, which comes about 60 days after filing AOS. So if you have any unfinished business back home, you won't be able to get to it for a few months. It can take anywhere from a few months to a year or so before you get your green card in hand.

2. Go back home and apply for a spouse Immigrant Visa. Yes, this involves a separation of about 8 to 10 months, but you guys can visit each other while waiting. This method is far more secure and does not carry the risks that AOS does. When you enter the USA using your Immigrant Visa, you become a US Permanent Resident right away (i.e., get your green card), with full right to live and work in the USA from Day 1.

In my mind, you've already spent all that time apart while dating long distance, what's another several months in comparison to a secure future together forever?

Rene

Noorah101

Forget about the K-3 visa, if that's the one you're thinking of. If you're going to go the Visa route, stick to just the Immigrant Visa. The K-3 is outdated and no longer serves a good purpose anymore. It takes just as long as the Immigrant visa, and you still have to AOS once you get to the USA using the K-3. Not worth it.

Judging from a few recently posts, it seems that it's much better to file AOS within the 90-day VWP time frame, yes.

No.

This does nothing for you. What about your job? School? Home? Apartment? What have you done with those?

Actually it sounds like you sort of understand your two options, you just need to decide which one to do...and that choice is solely yours to make.

Rene

scrubbedexpat099

I think I have seen this somewhere else!

PaulTheActor

Yes, you might have. I've posted it on a couple of boards @ Boiler

Noorah101:

ive been renting out a room and its still full with all my stuff as ive paid the rent up until the point i was supposed to return. I can get the landlord to confirm that.

My school and job can confirm that I've been attending and was supposed to come back.

And my cell phone contact is still running.

Is that going to help?

Noorah101

Oh, I wasn't thinking of it in terms of showing your intent. I was just wondering if you needed to get back home to anything, but sounds like you're prepared to abandon everything immediately.

Rene

Rete

Also guessing that acting is not a full time position with you and therefore, you have no job back in the UK to return to or that you resigned whatever job you had before you traveled.

Best advice, you are threading on quaking grounds, see an immigration attorney and take their advice.

jeffreyhy

PTA,

Since you are presently intending to not go back, despite these things, how can they help?

Things that require you to go back would help. But if you had any of those you would go back, wouldn't you.

Quite the conundrum. I second Rete - see an immigration attorney.

Regards, JEff

PaulTheActor

these things require me to go home but i just got married. ive got a full time job to resume but im not going to leave my wife.

the point is to prove that i didnt intend to stay at the port of entry. things have changed. and from what ive been told by the uscis i am allowed to adjust my status under the visa waiver as im married to a US citizen and thus an immediate relative. i woudlnt be allowed to had i married a legal permanent resident but its different with US citizens.

Rete

You are askings others to help pave your path to residency by giving you info that we have been chastised for over the years and told is the unauthorized practice of law. In fairness to us and yourself, invest in a consultation with an immigration attorney. I'm not going to answer your question for you as it appears that you already know the answers and are only looking for someone to confirm your thoughts.

scrubbedexpat099

The same one everybody else taking this route has, and bearing in mind its popularity, there have been how many reported refusals?

Not for me, different circumstances, but I know I was in the minority.

Just Jenney

You seem to only want people to tell you what you want to hear. The fact is that no one here can tell you that there are no risks to applying for AOS from the VWP. There ARE risks -- for one thing, if your application is denied, you have no right to appeal.

You may very well have had no immigration intent when you entered the US. However, your apparent ties to the UK simply aren't very strong. You yourself are admitting that you are completely willing to not return to tie up loose ends, such as formally resign from your job, etc. If regular folks like us can spot those kinds of holes, what do you think USCIS will think?

~ Jenney

scrubbedexpat099

From what I have seen, it usually never comes up.

jeffreyhy

PTA,

If you're required to go home then I guess you'll be going home. And if you're not going to leave your wife then I guess she'll be going home with you.

Listen to yourself as if it were someone else telling you these things. What would you think? You need to explain yourself to the USCIS without such contradictions in your arguments. So see an attorney. They're good at such things.

Regards, JEff

Noorah101

Hi Paul,

The decision is completely yours on how you want to proceed. It sounds to me as though you are prepared to abandon everything back in the UK in order to stay in the USA with your wife. Of course that's your choice and many people do that, and it works for them. There is no way we can predict if that will work for YOU. The risks are there when you AOS from VWP, if you are willing to take the risks, then so be it.

You will just have to answer honestly when you go for your AOS interview, if you are asked about your intent at the POE, and if the officer wants to see proof of anything, you will have to come up with it. I have no idea what the officer may or may not ask you at that time.

Bottom line is, adjusting status from the VWP has its risks. The question is, are you willing to take them? In your case, it seems like the answer is "yes". Once you've made up your mind that way, there's nothing else to be said, really...just file the AOS paperwork and go from there.

Rene

edit side note: I have a hard time understanding people who won't leave their spouse for the 6 or 8 months required to get the correct visa to make sure their life together forever is guaranteed to the best extent possible. In my mind, there should be a super good reason why someone won't leave their spouse in these cases, especially when you are able to still visit each other during the visa processing. I think the time apart is worth it to ensure that you can be together forever....6 months is nothing compared to the rest of your life together. You were living without your loved one (wife) all this time up until this trip....why all of a sudden did things change and you absolutely cannot bear to be apart for a few months? Yes, you're in love. Yes, she's newly your wife. But you will still be in love and she will still be your wife 6 or 8 or 10 months from now if you go back and get the proper visa. Sorry, Rant Over.