ATA

Hi hope im in the right forum here, if not please advise and move to the relivant forum . thanks

here goes

Im from the U.K and born and bread there

four month ago I met someone online from Reno. we have chatted and chatted and mailed and sms every day for hours on end without fail. And we have records kept of every message and mail....Though aint always good abseiling on very little sleep she is 48 and im 36 , age is just a number and we realy are happy and in love.
Im currently with her in Reno on a tourist visa , came over two week ago to vist and see her for the first time.. We are so happy and very much in love and she wants me to stay , she has even secured me a job if all goes well but that's a different matter for now.

she works full time and originally from L.A.

Any how she has prposed to me and im happy and said yes ..

our concern now is , what are our chances of getting a change in status?
being able to stay here without the wait for a fiancée visa?

I know to some this must seem rather quick and others may seem its irresponsible but we are realy happy and definetly in love , ive never felt anything like this my entire life >

What are our chances of things working out for us to stay together ?

thanks

dave

Noorah101

Hi and Welcome to BE.

Why do you have a tourist visa (B-2), rather than using the VWP?

The correct term is "adjustment of status" (AOS) (not "change"). If you truly had no intention of remaining in the USA to adjust status when you entered the USA, you are a good candidate for filing AOS. My advice is to have a 1-time consultation with an immigration attorney to discuss the process, and be sure to ask him what the risks are, and what would happen if your AOS gets denied.

I'd say your chances are good, if the AOS interviewing officer believes you entered the USA with no intent to remain.

That said, if you could please explain why you have a B-2 instead of using the VWP, there might be something in your history that could prevent your AOS. Perhaps you have a criminal history of some sort?

Rene

ATA

Hi and thanks for the reply

vwp is what I meant sorry , I thought it was the same , I should know I got stung at visaservice.org.uk for I think £30 but got one here https://esta.cbp.dhs.gov/esta/


hope this helps with any advice

Noorah101

It helps in that we now know you're thinking of adjusting status from the VWP.

Have a 1-time consultation with an immigration attorney to discuss the AOS process, and be sure to ask him what the risks are, and what would happen if your AOS gets denied. Especially now knowing you're in the USA on the VWP. If your AOS gets denied, you cannot appeal the decision. I admit most VWP ---> AOS cases get approved, but you need to think about the risks in case yours is not.

Rene

ATA

thank you so much for ur help... too much info on the internet saying different things its unreal.. glad weve got some real upto date answers

jeffreyhy

Really! White, rye, or some other kind? As Rene has written, have a consultation with an immigration attorney to discuss the details of your situation and the pros and cons of the options available to you. In any case, you will probably not want to go the way of a K-1 Fiance(e) visa. You will probably want to get married right away and then either return to the UK while your wife petitions for you and you then apply for an immigrant visa, or remain in the USA and apply to adjust status concurrent with your wife petitioning for you. Regards, JEff

ATA

lol just standard bred lmao didn't see that typo



thanks for all info and any advice is welcome

jeffreyhy

That's because there are no definitive, one-size-fits-all, answers to your questions. There are options and choices to be made depending on your specific circumstances, preferences, and risk tolerance.

Regards, JEff

Michael

If you apply for Adjustment of Status (AOS), you won't be able to immediately work. You'll likely have to wait for 60-90 days before your Employment Authorization Document (EAD) arrives allowing you to work.

ian-mstm

Right... and he can't apply for AOS until after he's married... so add on whatever time that takes.

Ian

Pulaski

They're in Nevada, ... so add a couple of hours!

ian-mstm

That's great... but you need to know that the US government doesn't really care whether love is part of the equation or not. It's not a requirement for immigration purposes, so stick to what's relevant.


I'm sure she does. You have 2 choices: 1) get married, your wife files an I-130 petition, and you return to the UK to apply for an immigrant visa; or 2) get married, and remain in the US to adjust your status. You need to know that if you follow #2 and if your adjustment is denied for any reason whatsoever (including the officer thinking you intended to stay when you entered the US... whether you did or not), you become immediately removable from the US. Having a USC wife will not make a difference. You signed away whatever rights you had when you entered the US on the VWP. Now, does that happen often? No... but it does happen - so you need to weigh your risk tolerance for failure.

Ian

ian-mstm

She's in Reno, so they can divorce even quicker than that!

Ian

ATA

thanks for all the info

Yer we understand that our feelings wont come into the equation , so then comes the coice of wether to go for adjust status or not .. Luck ive had over the years id be made a examp,le of and sent home

we think our major downfall or hurdle would be the fact that its our first visit to see each other and yes we know its only been a short period of time weve known each other

what are the factors that would be looked at in our situation ?



seriously though , no intention to marry upon arrival nor before arrival , just wanted to see each other and be on the same time zone for a change no t me going to work and she going to bed .
We want to marry definetly and need to decide best plans realy asap


p.s wont be needing the quick divorce time in Reno

ATA

Would also like to add , that does a previous marriage come into the equation and or children ?

I personally have never been married but my partner has , although unfortunately he died 7 year ago .

I have a daughter who is 17 and she is happy for me no matter where I am in the world, she has said she just wants me to be happy and were only a phone call or a flight away

thanks

dave