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Staying in the US as UKC

Staying in the US as UKC

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Old Jan 16th 2020, 5:00 pm
  #16  
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Default Re: Staying in the US as UKC

Originally Posted by SanDiegogirl
.... you could be correct here. Except that the OP has been married for almost 2 years! So has already been living apart for that length of time.... would have thought the question of living together would have come up much sooner than this..
So far I don't think it has been clearly stated what the 'before' situation was.

Originally Posted by Bukkus_elite98
We had no intent to stay when entering, it's actually very near the end of our trip that we're making this decision.
"We" and "our". Admittedly, the others could be, well, who? OP talks in the singular about wanting to stay but plural in terms of arrival and plans.
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Old Jan 16th 2020, 5:04 pm
  #17  
 
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Default Re: Staying in the US as UKC

Originally Posted by SanDiegogirl
.... there have been several posts on this forum recently which have, to say the least, made me wonder whether people have any common sense at all..... .
If I've learned one thing so far in life, it's that "common sense" is probably misnamed.
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Old Jan 16th 2020, 5:16 pm
  #18  
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Default Re: Staying in the US as UKC

Originally Posted by Pulaski
If I've learned one thing so far in life, it's that "common sense" is probably misnamed.

.... hey, it's good to have you back. Missed your ruthless derision.......
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Old Jan 16th 2020, 5:31 pm
  #19  
 
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Default Re: Staying in the US as UKC

Originally Posted by SanDiegogirl
.... hey, it's good to have you back. Missed your ruthless derision.......
Who, me?
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Old Jan 17th 2020, 8:51 am
  #20  
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Default Re: Staying in the US as UKC

Originally Posted by civilservant
You can try to adjust status but if it goes badly you can end up with a lifetime ban from the US. I guess it depends on how high your risk tolerance is.

Personally I don't believe a word of what you just posted. This isn't an impromptu marriage, this is 2 married people entering the US, one of them a USC, and then 'deciding' to change their minds near the end of your VWP stay.

One wonders if you knew the answer to this question before you asked it, and were seeking affirmation that it's a good idea. It isn't.
What would make it go badly, though? I know it sounds off but I'm genuine and I was super exhausted when I typed this up - I entered the US alone and she hasn't left the US in over a year. Originally I was going to stay 30 days, return home and then fill out the visa, however I stayed longer and we were curious about any other options, of course it's not something we will attempt if there's ANY chance of a US ban for myself as we want to spend our lives together and this would ruin everything. TLDR - I got my answer, 99% chance I'll just go home at the normal time and fill out the visa from UK.
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Old Jan 17th 2020, 9:00 am
  #21  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
What would make it go badly, though?
If the Officer believes that you entered the US with the intention to adjust status (which is illegal) then they will deny your application and place you in removal proceedings.

Then you get the (no doubt fun) experience of standing before an Immigration Judge and they will most likely order you deported and banned from the US.
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Old Jan 17th 2020, 8:37 pm
  #22  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
What would make it go badly, though? I know it sounds off but I'm genuine and I was super exhausted when I typed this up - I entered the US alone and she hasn't left the US in over a year. Originally I was going to stay 30 days, return home and then fill out the visa, however I stayed longer and we were curious about any other options, of course it's not something we will attempt if there's ANY chance of a US ban for myself as we want to spend our lives together and this would ruin everything. TLDR - I got my answer, 99% chance I'll just go home at the normal time and fill out the visa from UK.
its a shame, the best (answer) for all of this is, you should have filled out your visa application 2 years ago and you'd already be living in the U.S with your wife, as I've mentioned before done legally and planned, all documentation can be sought before the big day and filled out and posted straight after the big day, saves a lot of stress....
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Old Jan 17th 2020, 9:55 pm
  #23  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
What would make it go badly, though? I know it sounds off but I'm genuine and I was super exhausted when I typed this up - I entered the US alone and she hasn't left the US in over a year. Originally I was going to stay 30 days, return home and then fill out the visa, however I stayed longer and we were curious about any other options, of course it's not something we will attempt if there's ANY chance of a US ban for myself as we want to spend our lives together and this would ruin everything. TLDR - I got my answer, 99% chance I'll just go home at the normal time and fill out the visa from UK.
Your wife has to initiate the paperwork, not you, and she can get going on it immediately.
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Old Jan 18th 2020, 1:30 am
  #24  
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Default Re: Staying in the US as UKC

File and adjust is the obvious route sounds like you have not a lot requiring your return, could be 6 months before you get AP allowing you to leave and come back. Why do you anticipate.anything would go wrong? A criminal past?
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Old Jan 19th 2020, 4:30 am
  #25  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
File and adjust is the obvious route sounds like you have not a lot requiring your return, could be 6 months before you get AP allowing you to leave and come back. Why do you anticipate.anything would go wrong? A criminal past?
Completely clean past from both of us, I'm 21 she's 20 (Not sure if they're strict on younger marriages). I leave in 2 days though so even if I wanted to file and adjust I feel like I'm out of time. Any thoughts? Should I consider going to a lawyer?
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Old Jan 19th 2020, 4:40 am
  #26  
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Default Re: Staying in the US as UKC

You are not out of time, not sure what you expect a Lawyer to do, it is your call how you want to play this.
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Old Jan 19th 2020, 4:44 am
  #27  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
You are not out of time, not sure what you expect a Lawyer to do, it is your call how you want to play this.
Everyone elses responses lead me to believe that doing it this way (applying for adjustment of status whilst on an ESTA) is risky, dangerous and foolish. I still am thinking this way - should I not be?
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Old Jan 19th 2020, 4:58 am
  #28  
 
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
Completely clean past from both of us, I'm 21 she's 20 (Not sure if they're strict on younger marriages). I leave in 2 days though so even if I wanted to file and adjust I feel like I'm out of time. Any thoughts? Should I consider going to a lawyer?
A lawyer is likely to recommend a route that generates fee income. File for yourself using the recommended route and you don't need a lawyer, but if you want to roll the dice then using a lawyer would probably be advised.
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Old Jan 19th 2020, 5:00 am
  #29  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
Everyone elses responses lead me to believe that doing it this way (applying for adjustment of status whilst on an ESTA) is risky, dangerous and foolish. I still am thinking this way - should I not be?
Well you are not on ESTA, you are on the VWP.

Many marry and adjust have entered on a non immigrant visa or the VWP, you said you had no issues so not sure what the concern is.

I do not know your life details and what works best in your circumstance, adjustment is certainly a valid option.
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Old Jan 19th 2020, 5:15 am
  #30  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
Well you are not on ESTA, you are on the VWP.

Many marry and adjust have entered on a non immigrant visa or the VWP, you said you had no issues so not sure what the concern is.

I do not know your life details and what works best in your circumstance, adjustment is certainly a valid option.
If I were to apply for the adjustment with such little time left in my current trip, how would I know if I'm being given the okay to stay whilst it processes or not and how long would it take to get that information? Do I need to apply to adjust DURING my 90 day period or AFTER? Thanks again
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