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Staying in the US as UKC

Staying in the US as UKC

Old Jan 19th 2020, 5:24 am
  #31  
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Default Re: Staying in the US as UKC

ASAP but overstay are forgiven when adjusting through marriage to a USC. NOA after applying to adjust provides a document.
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Old Jan 19th 2020, 5:45 am
  #32  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
ASAP but overstay are forgiven when adjusting through marriage to a USC. NOA after applying to adjust provides a document.
I'm not saying that I don't trust your word, but why was everyone else so against the idea of doing it? Was it because of the way I came off?
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Old Jan 19th 2020, 5:49 am
  #33  
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Default Re: Staying in the US as UKC

I see a variety of opinions and certainly one statement that is wrong but this is open forum all are welcome to participate.
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Old Jan 19th 2020, 5:51 am
  #34  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
I see a variety of opinions and certainly one statement that is wrong but this is open forum all are welcome to participate.
Fair enough, thanks for your help.
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Old Jan 19th 2020, 1:41 pm
  #35  
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Default Re: Staying in the US as UKC

Yes, staying and applying to adjust status is an option. The crux is your intent at entry. Did you enter the US with the intent to remain and adjust status? If asked to prove that you didn't, do you have said proof? If not, you lost your boat's paddle and are sailing up the river at the whim of the river. And yes, there are ways to prove your intent but I'm not about to tell you what they are.

Do you have the documentation required to file? A long form birth certificate showing your parents' name and where they were living at the time of your birth is one such document. Can your wife afford financially to complete the I-864 affidavit of support or do you have enough savings to help bring her income and assets over the required amount? Do you have over $2,000 for the filing fees for the I-130 and I-485? Can you afford to be sitting in the US for 90 to 180 days without permission to leave the US and return and not being able to work until you get your employment authorization document/advance parole?

You have been married for two years. Go home, your wife can file the I-130 for the start of your visa and you can complete the visa process at the US Consulate in London. You can visit under the VWP just as you have been for the last two years and when the visa is approved at the US Consulate you can then enter the US with full permission to live, work, leave and enter as you will be legal permanent resident.

There is no guarantee that your application for adjustment of status, if you file while here and remaining, will be adjudicated successfully until the day of the interview which can be anywhere from 6 months to 18 months. Go home.
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Old Jan 19th 2020, 3:11 pm
  #36  
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Default Re: Staying in the US as UKC

Intent is determined at the PoE and the OP has been here nearly 90 days.

Multiple BIA court cases have upheld that intent cannot be the reason for denial of an I-485 for the IR of a USC.

Google Matter of Cavazos, Matter of Ibrahim, and Matter of Battista.
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Old Jan 19th 2020, 4:35 pm
  #37  
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Default Re: Staying in the US as UKC

Originally Posted by Boiler
Intent is determined at the PoE and the OP has been here nearly 90 days.

Multiple BIA court cases have upheld that intent cannot be the reason for denial of an I-485 for the IR of a USC.

Google Matter of Cavazos, Matter of Ibrahim, and Matter of Battista.
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
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Old Jan 19th 2020, 4:38 pm
  #38  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
As asked previously, do you not have a job, residence, car, etc. that you need to sort out in the U.K.?
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Old Jan 19th 2020, 4:40 pm
  #39  
 
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
Me and my wife were planning on me staying in England and filing for the i-130 without meeting up before hand, however our financial situation meant we had to wait for a few months which led us needing to see each other - this was the reason for the visit. I explained this at the PoE and the original visit was for 30 days. I 100% intended to go home and then we would finish filing the i-130. Her grandpa is our sponsor for the visa and is also where we are residing, he has enough income to cover us living here and is very understanding and supportive. I am really at a crossroad here where I cannot decide which road to go down, I know I'm not guilty of anything and our marriage is real but I still worry that we'd be unsuccessful for whatever reason.
It really comes down to whether you can afford to be unable to work for another six months. For most newly married couples being apart is undesirable but objectively speaking, being flat broke is worse. The choice is really up to you at this point.
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Last edited by Pulaski; Jan 19th 2020 at 4:50 pm.
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Old Jan 19th 2020, 4:42 pm
  #40  
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Default Re: Staying in the US as UKC

Originally Posted by Pulaski
It really comes down to whether you can afford to be unable to work for another six months. For most newly married couple being apart is undesirable but being flat broke is worse. The choice is really up to you at this point.
​​​
Our family (her family) would be able to take care of me for 6 months without me being a burden, I am confident of that. If I wanted to adjust what forms would I file first?
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Old Jan 19th 2020, 4:43 pm
  #41  
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Default Re: Staying in the US as UKC

Originally Posted by Nutmegger
As asked previously, do you not have a job, residence, car, etc. that you need to sort out in the U.K.?
I have a small business there but since being in the US it's been left not doing so well, nothing else would require me to go there.
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Old Jan 19th 2020, 5:02 pm
  #42  
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Default Re: Staying in the US as UKC

The OP says he is 21, she is 20 ... they've been married nearly 2 years ....... her grandpa is going to sponsor him

Anyone but me thinks this whole situation (if one believes it is genuine) is going to end badly ......
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Old Jan 19th 2020, 5:04 pm
  #43  
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Default Re: Staying in the US as UKC

Originally Posted by SanDiegogirl
The OP says he is 21, she is 20 ... they've been married nearly 2 years ....... her grandpa is going to sponsor him

Anyone but me thinks this whole situation (if one believes it is genuine) is going to end badly ......
What is this implying?
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Old Jan 19th 2020, 5:37 pm
  #44  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
What is this implying?
That your risk tolerate is significantly higher than mine.
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Old Jan 19th 2020, 5:42 pm
  #45  
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98
of course it's not something we will attempt if there's ANY chance of a US ban for myself
I think you’ve just answered your own conundrum then.

As you don’t have the usual things people would use to prove they intended to return (i.e. a job expecting you back etc), it’s a risk to overstay and try to adjust status. Your call though.
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