RuggedRascal

Hi everyone, i'm a new member so go easy on me...
I have a question that I guess you've heard a million times, but i'll ask anyway.
I met a gorgeous girl whilst I was on holiday in the US, stayed in touch and fell in love. Since then, I sold everything I own and moved in with her in Kentucky. I didn't even think about visas etc... Stupid I know! We ended up getting married by the Judge Executive in a small ceremony and now we are very very happy. Great you would think.... No! We now find ourselves in total confusion about how I can work. I'm not interested in citizenship right now, the main priority is to be able to work. We have been in touch with USCIS and got the very unhelpful recorded messages and touch-tone menus. Sadly you don't get to speak to anyone! I have read about a K-3 visa but am totally confused about what to do. If anyone has any advice or suggestions we would be incredibly grateful. As I said, i'm not interested in citizenship just yet, but I do need to work as my savings are fast becoming depleted.
Thanks in advance and I would just like to say what a great website this is!

Noorah101

You cannot get work authorization until you file for an adjustment of status to permanent resident (AOS). You have one strike against you already, though, and it is that you came to the USA as a visitor with the specific intent to reside in the USA permanently. This fact could very well get your AOS denied. If your AOS gets denied, you can be removed from the USA, with a ban from returning.

When did you enter the USA?
Did you have a visitor's visa, or did you use the VWP?
Can you afford to file AOS ($1,365 plus the cost of a full medical)?
Can your USC wife qualify for the I-864 Affidavit of Support, and if not, can you find a joint sponsor?

My advice...you NEED to speak to an immigration attorney. It's risky to file AOS after entering as you did as a visitor, but depending on how long you've now been in the USA, you might be facing a ban anyway if you've overstayed too long. You need a professional's advice on what to do.

Rene

p.s. - can a Mod move this to the US Marriage-based forum, please?

ian-mstm

Officially, you're visiting. Where in Kentucky are you?


Not only stupid, illegal. Why? Because your intent was to stay when you entered the US.


You are about to get a crash course in US immigration - and whether or not you like it, it's going to cost you... real money. I hope your wife is financially stable. Your wife needs to file form I-130, I-864, and G325A. You need to file form I-485, I-765, I-131, and G325A. Along with that you'll both need supporting documentation, copies of tax returns, proof of her US citizenship, photos, and more. You'll need to have a medical and vaccinations. All the forms are available free at www.uscis.gov... and it is going to cost you well over $1100. And if you entered on the Visa Waiver Program (VWP), you damn well need to file before your 90-days is up... or you'll be in worse shit than you're already in. Sorry... no time for niceness - you need a major wake-up call.

Ian

Noorah101

OK, I just read your other post which says you came to the USA on the VWP on April 24. You are getting close to your 90 days allows on the VWP.

I highly recommend that you do NOT overstay this trip. Go back home before your 90 days is up, and follow the process to obtain an Immigrant Visa so you can properly immigrate to the USA and use the correct visa for doing so.

You did nothing wrong by marrying on the VWP, but it is illegal to use the VWP with the intent to immigrate to the USA.

But....as I said before....have a consultation with an immigration attorney to explore all your options and risks.

Rene

RuggedRascal

Thanks all for the good news, I know i've been stupid but hey... love is! I did enter on the VWP and my 90 days is not yet up (July 28th).
@ Ian-mstm - I'm in Grant County which is about 30mins south of Cincinnati.
@ Noorah101 - If I was to go back to England, do you have any idea how long it would take to file and get an Immigration Visa?
Another thing, could I go back to England and then fly back the next day on the VWP? Would that give me another 90 days?

I did have a return airline ticket (which I obviously didn't use), would that count for anything?

ian-mstm

If your wife files form I-130 now, you'll have an immigrant visa about 8-10 months from now - which, I might add, is the fastest this thing is going to happen for you! The day you enter the US with your immigrant visa, you will immediately become a US permanent resident (read = green card) with the right to live/work in the US from day one!


If you are allowed to enter the US, you will get another 90 days. The operative word here is "IF". You could be denied entry due to two back-to-back trips... and having a USC wife does not work in your favor. Well, that and having sold everything you own, no job, no ties to the UK... You see where this is going, right?


Looking at it from the border officer's POV... you don't have a good track record with respect to return tickets!

Ian

RuggedRascal

I see very clearly where this going Ian and it doesn't look good. I do have an address, bank account etc. in the UK (my Dad's) and I am still registered as living there (technically). It was a precaution I took 'just in case'. Does that help my case at all?
Whilst the visa is going through for 8-10 months, would I be able to remain in the US do you think?

RuggedRascal

I see you're in Kentucky also Ian, where abouts are you?

ian-mstm

Sorry... but not really, no.


You can not apply for a visa while you are in the US. The I-130 (which your wife files to start the process) is not a visa... it's a petition. It lays the groundwork for you to (later) apply for the actual visa.

If you want to remain in the US right now... you need to file all the paperwork I listed in my earlier post, and file it all before your 90-day expires. If you do, you will be allowed to remain in the US under "color of law" until such time as the application for adjustment is adjudicated. Part of the paperwork includes permission to work which should arrive about 90 days after you apply.

Now, if the adjustment is approved, you'll get a "green card" and all will be well with the world. If your adjustment is denied, you will become immediately removable from the US with no right to appeal. This is the risk you take when adjusting from the VWP - you signed away your rights when you signed the green I-94W.


I'm about 2.5 hours east of you, in Ashland.

Ian

discoviking

Danger, Will Robinson. If you intend to return to the UK for an immigrant visa, you do NOT under any circumstance want to overstay the expiration day of your I-94W.

Once the I-94W date has passed, you are out of status, and start accruing unlawful presence. You also become ineligible to use the visa waiver program again, ever.

Unlawful presence of more than 6 months but less than a year, gets you a 3 year ban from re-entering the US. Unlawful presence of a year or more get you a 10 year ban from re-entering the US. The ban starts the day you leave US soil.

So, if you were to remain, file the paperwork for an immigrant visa and return to London for a visa interview in 10 months or so, you would find yourself banned from the US for 3 years. See where I am going with this?

If you are not going to return to the UK for an immigrant visa, you will need to file for Adjustment of Status here - as Ian has already explained. AOS from a VWP entry carries it's own risks - do a search for the term '10 foot pole' to see what can happen. Many AOS cases from VWP goes just fine, but when they go wrong they can go horribly wrong - and you may find yourself banned from the US in a worst case scenario.

So, go and consult with a qualified immigration attorney ASAP. Make your decision on what to do, but make it before the expiration date on your I-94W is up, and make sure you either leave or file your AOS paperwork on time.

In closing, should you decide to return to the UK for an immigrant visa, you are allowed to visit on the vwp while your visa application is being processed.

RuggedRascal

Ok, thanks Ian we're going to get stuck into that first thing in the morning. Really appreciate your help and advice on this and if we're ever in Ashland or you come to Dry Ridge, i'll buy you a beer or two.
Thanks again and enjoy the sun!

RuggedRascal

Thanks Discoviking, going to do just that

Rete

Moved

Congratulations on your marriage.

Now a few questions for you:

1. Has date on your I-94 passed? - answered
2. If so, how long are you out of status? - answered
3. Is your wife financially able to meet the requirement to be your financial sponsor on the I-864?
4. If not, does she have family or a friend willing to be your financial sponsor?
5. Do you have the funds available to file for adjustment of status? Figure on needing around $1600.
6. Do you have any type of criminal history, even as a teenager?
7. Can you afford to have at minimum a consultation with an immigration attorney?

Noorah told you about the AOS. For you it will not be a walk in the park and there is a very real possibility that you will be denied and be made to leave the US. Whether or not you had the intent to marry, you did have and clearly show that you had immigration intent by selling up and moving here. This is clearly in violation of the USCIS rules and regulations. If you are pass the date on your I-94, that will only mean that USCIS has more reason to deny your adjustment.

Also note that you live in Kentucky and in Kentucky the USCIS normally gives the Stoke interview. This interview means you will be separated from one another and interview and your answers compared.

Look forward to hearing your answers.

clarissageo

*waves from Boone County*

I came over on the CR1 Visa, so don't know much about AOS apart from what all these wonderful people have told others..... but DO listen to them and take their advice..... Its so good I felt confident enough to dispose of my lawyer half way through the immigration process and do it on my own

RuggedRascal

Hey Rete,

Thanks for the congratulations

Ok,
1 - No the date hasn't passed on my VWP (July 28th)
2 - N/A
3 - Yes she is able.
4 - N/A
5 - Yes I have the funds for an AOS
6 - No, I have no criminal record at all and I have documentation proving so as I held an airside pass in England for 8 years
7 - Yes I can afford to use an Attorney but am trying to avoid that if possible. If I have to then so be it.

Well the 'Stoke' interview will be no problem. My wife knows more about me than most people and vice versa. It's not a 'marriage of convenience' it is love. I have no fears about USCIS thinking it's just a way for me to get into the US. The only reason i'm here is because my lovely wife is from here