Unconventional help!

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Old Jun 23rd 2010, 12:14 am
  #16  
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Default Re: Unconventional help!

Hi Clarissageo, *Waves back from Grant County*

Yep, i'm definitely listening to these guys, they know their stuff and congrats on getting here. I go to Boone County quite often as Grant County is a 'Dry County'... No alcohol
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Old Jun 23rd 2010, 12:21 am
  #17  
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Default Re: Unconventional help!

Originally Posted by 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
So if I were you, I'd forget all this palaver about returning to London, file an I-130 and concurrent I-485 before your I-94 expires, and you'll be able to work in a few months if all goes well.

For the history of all this nonsense, search the forum for "10-foot pole". As an antidote, read this: http://www.peerallylaw.com/en/index2...o_pdf=1&id=562

Whatever you eventually decide to do, make sure you're as fully informed as possible before you have to decide which way to jump. And you need to make that decision in the next two or three weeks
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Old Jun 23rd 2010, 12:32 am
  #18  
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Default Re: Unconventional help!

Cheers Fatbrit,

I'm going to get as much info as possible and get a consultation with an immigration lawyer just to be safe and file all the forms needed.
Should it all go horribly wrong and I do get refused, then we'll just go back to the UK. I don't care where we live as long as we're together. Sounds sickly I know, but it is true
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Old Jun 23rd 2010, 3:23 am
  #19  
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Default Re: Unconventional help!

Originally Posted by RuggedRascal
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
It doesn't matter a bit if you love each other or not. All that matters is whether the marriage was entered into solely for the purpose of immigrating to the US. You could loathe each other with all the intensity in the world, but that wouldn't matter.
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Old Jun 23rd 2010, 8:01 pm
  #20  
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Default Re: Unconventional help!

Originally Posted by discoviking

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.
Is this strictly true? We were told it would be "difficult" (not impossible, but a risk) for me to enter the US once we started the immigration process.
This was after consultation with the Congressman's Office and was confirmed by the ConOff at my interview when I answered the question of how we had maintained the marriage and explained that my wife had twice been to visit me in the UK as it was "difficult" for me to visit the US.
I will be somewhat annoyed if this is not the case.
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Old Jun 23rd 2010, 8:12 pm
  #21  
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Default Re: Unconventional help!

Originally Posted by fromthemanorborn
Is this strictly true?
Not only strictly true... absolutely true.


We were told it would be "difficult" (not impossible, but a risk) for me to enter the US once we started the immigration process.
Bollocks! Whoever told you that is an idiot.

Ian
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Old Jun 23rd 2010, 8:17 pm
  #22  
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Default Re: Unconventional help!

Originally Posted by fromthemanorborn
Is this strictly true? We were told it would be "difficult" (not impossible, but a risk) for me to enter the US once we started the immigration process.
I was also concerned about visiting whilst my Visa was being processed, however I took all proof of ties to the UK (I never needed to use them,) and personally, I had a lot less trouble entering than I did when I was 'just' my now husbands girlfriend.
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Old Jun 23rd 2010, 8:41 pm
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Default Re: Unconventional help!

Originally Posted by ian-mstm
Not only strictly true... absolutely true.

Bollocks! Whoever told you that is an idiot.

Ian
I don't dispute you Ian, (or Discoviking)
If we were given wrong information then I am happy for that to be corrected here. As I say, it just annoys me that people (idiots?) in positions of so called authority don't seem to know their own rules and laws.
Makes FA difference now anyway.
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Old Jun 23rd 2010, 8:44 pm
  #24  
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Default Re: Unconventional help!

AS LONG AS you didn't intend to move here when you came over, you can stay and file for AOS.

I suggest you check the guides on www.visajourney.com.

And think very carefully.
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Old Jun 23rd 2010, 9:15 pm
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Default Re: Unconventional help!

Originally Posted by AlienUk
AS LONG AS you didn't intend to move here when you came over, you can stay and file for AOS.
Agreed, but selling up in the UK and shipping on out is the deal breaker here IMO.
But I wish you the best of luck whichever path you choose RR.
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Old Jun 23rd 2010, 10:22 pm
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Default Re: Unconventional help!

Originally Posted by AlienUk
AS LONG AS you didn't intend to move here when you came over, you can stay and file for AOS.

And think very carefully.
Which part of the OP gave you the impression of no intention?

I agree with the thinking carefully part, FWIW, and the guides originated here so ours are just as good.
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Old Jun 23rd 2010, 10:41 pm
  #27  
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Default Re: Unconventional help!

Speaking in terms of what one can do, if they did intend to move here they can also stay and file for AOS.

Speaking in terms of what one should do, to be in compliance with the law, you are correct.

Speaking in terms of practicality, it's the USCIS officer who processes the AOS application who decides what one intended. And that's what makes it a pointless distinction.

Regards, JEff


Originally Posted by AlienUk
AS LONG AS you didn't intend to move here when you came over, you can stay and file for AOS.
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Old Jun 23rd 2010, 11:37 pm
  #28  
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Default Re: Unconventional help!

Originally Posted by jeffreyhy
Speaking in terms of practicality, it's the USCIS officer who processes the AOS application who decides what one intended. And that's what makes it a pointless distinction.
Right. So it really comes down to how much risk tolerance OP has.
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Old Jun 24th 2010, 4:41 pm
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Default Re: Unconventional help!

Originally Posted by ian-mstm
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"
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Ian, could you briefly explain why 'color of law' works in this situation.
NOTE: I am not disputing this at all, just v curious
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Old Jun 24th 2010, 4:47 pm
  #30  
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Default Re: Unconventional help!

Originally Posted by goldenstate31
Ian, could you briefly explain why 'color of law' works in this situation.
NOTE: I am not disputing this at all, just v curious
Once AOS is applied for, you are allowed to stay in the USA until a decision is made on your AOS case, even though your curent visa / status might expire. This is sort of a "limbo" stage, where you don't have any real current status in the USA because your visa has expired...but you have applied for premission to become a permanent resident. So USCIS allows you to remain in the USA until they decide on the case. This is called "under color of law".

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