koogar

Hi all. I hope you don't mind me jumping in on your thread here, but I've just read through it and learned something I didn't know is possible.
A little background.
I'm from the UK and went to Canada to drive trucks in July last year. The job included cross border work into the US and in march this year, while in Cheyenne delivering a load, I met my girl. I saw her a couple of times after that when I was passing Cheyenne and in April, I drove down in a car for a weeks vacation and again for a week in August.
Anyway, I decided that 1 winter of trucking in Canada was enough so, at the beginning of September, I quit my job and came down to Cheyenne for a few weeks to spend time with her before I went back to the UK at the end of October for my 40th, at which point we'd file for a fiance visa. However, 2 weeks ago, Ash (my girl) decided she wanted us to get married before I left and instead file for the spouse visa while I was away (the time frame is around the same I believe). So, yesterday, we went down to the court house in Cheyenne, got married and had a great day.
So, the obvious question. As I entered on an I-94 (3 month, multiple entry for the truck) and, at the time, wasn't intending to get married, am I now better to go back to the UK (I'm due to leave next weekend) or stay and adjust my status which, until tonight, I didn't even realise was possible.
I know I'm really just repeating the original question, but I thought it might be easier to answer the question for me without the concern of appearing to encourage something illegal.
Thanks for reading my long-winded post and for any advice you might give me.

Manc

The winters in Cheyenne are no better!!!


I drive for JB Hunt. good luck.

I'd love to give you advice, but apparently It's wrong of me to tell you to go see an immigration attorney.

Noorah101

Going to see an immigration attorney is always the best advice.

In koogar's case, he is already in the USA, already married, and had no intent to stay upon entry. It would be different if he were outside the USA, contemplating marriage and looking for a way to remain in the USA directly after marriage.

koogar, just be aware that if you file AOS and remain in the USA, you won't be able to return to the UK (and subsequently be able to return to the USA) until you have an Advance Parole document in hand, which takes about 60 days from filing. So if you have any urgent business in the UK, you won't be able to attend to it for a couple to few months. Your intent can *always* be questioned by the officer during AOS, or at any point during your immigration.

Best Wishes,
Rene

Folinskyinla

Leanne:

I am sure your questions are asked in all innocence. Your desire to be together is understandable, but legally irrelevant.

However, there is a reason for the wishy-washy answers you are getting -- the attorneys who sometimes visit this list [including me] have warned of the dangers of answering your questions in a straightforward manner. The internet used to be LOADED with advice on how to dodge the law of entry. Your questions may be innocent, but giving the answers may NOT be innocent. Also, this list is available for PUBLIC examination. Also, the US Government has reacted quite badly in reaction to four terrorist events on September 11, 2001.

Look, I am currently litigating a case before the Court of Appeals -- the question is about a purported allegation of fraud on my client's part in 1987. [The year is NOT a typo -- yes -- this case is going on 20 years later]. The government has gone nuts on this case.

After many years, the Government has finally confirmed that the date of the purported misrepresentation is in question, and the truth of what she is purported to have said is in question, and even if she said what they accuse her of saying is in question -- the thing is that she did not voluntarily disclose facts even though she was not asked about them. The government is taking a position which is contrary to a line of cases dating back to 1942!

Now, if I had been consulted in 1987 I would not have told my client how to travel abroad, that it was safer to just stay here. I came into the picture in 1997 [my client's first attorney took the bench and no longer practices law].

Curiously, my client's hidden intent is being treated as fraud, while the Government doesn't really care about THEIR repeated fraud and deceit.

Go figure.

Good luck.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

koogar

Thanks for the advice. We'll speak to an attorney tomorrow and see what he/she has to say.
I'll let you know.

meauxna

Congratulations on your marriage!

To hitch hike off of what Rene posted, it's not just the UK.. if you file for AOS it will be a few months before you get the travel document you need for returning to the US, so Canada is out too. Sounds like you're done up there, buuuut..

Ray

Even better ..keep it to yourself ......and act upon it ...

ian-mstm

Actually... no, don't let us know. Better for you... better for us.

Ian

koogar

Thanks for the advice everyone and thanks for the congratulations.
If I have to go back to the UK for a few months, then so be it, but obviously I'd rather be with my new wife than away from her, but what will be, will be.
As I said earlier, I had always expected to have to return to the UK anyway for the fiance visa, so we wont have lost anything compared to what we thought up until yesterday anyway.
On the upside, I've gained a beautiful wife and a really good stepson, so it's all good.
Thanks again.

Rete

Just my opinion but consult with an attorney. I can imagine he/she would go in favor of staying and filing. When you get Advance Parole (about 90 days done the line) return to the UK for a 40th bash.

It's all in the intent, my friend, all in the intent.

PS Late into the frey. Sorry about that but was away for the weekend. Congratulations on the marriage. Wishing you a long and successful relationship.

koogar

Thanks Rete.
We'll see what the attorney says tomorrow. If they say it's possible not to have to leave Ash and Christopher (my stepson), then that would be great.
We've got plane tickets booked for next Sunday (21st), 2 tickets and a meal booked at Old Trafford for the 27th, a hotel booked for the night in Blackpool on the 24th and a meal booked in England for the whole family on the 26th (my 40th), so some people in England will be mad at me if I did stay, but I have to do what's best for my new family and I'm sure everyone over there would get over it eventually..... I hope.
We'll have to wait 'til tomorrow and see what they say.
Thanks for the good wishes.

khai ko

I just read this entire thread and noticed that no one has really mentioned exactly how one might get in trouble in their immigration process if he/she comes in the VWP with an intent to marry and then adjusts status. How does/would the USCIS check the intent and at what point? This doesn't apply to me but I am really curious and it might also help the OP to understand this.

Noorah101

My guess is the first time they will question it is at the AOS interview. If the officer deems fraud was involved, he can deny the AOS.

If the AOS gets approved, my guess would be the next time it will be questioned is during the removal of conditions, and then again when applying for citizenship.

Basically that question of initial intent can be questioned at any time during the entire immigration process, and the result can be termination of any status you have so far.

It's not something to be taken lightly, in my opinion. Not worth the risk involved and having to look over your shoulder all the time.

Rene

Folinskyinla

Hi:

Interesting way you have phrased the question -- you make certain assumptions. Note that to get here, the "alien" has to go through an inspection at the POE [and if not using VWP, perhaps a visa application]. What happens at the POE can create problem.

Okuda

We was going to do the K1 visa and went to a lawyer over here for advice and to discuss the process before I was due to travel home, and was very very jaw dropping surprised as to the advice she gave us, as I never knew the process she recommended even exsisted and this was after weeks of trawling the internet researching.

Could have kissed her right there and then! lol After a year of traveling back and forth and spending time apart it was nice to see light at the end of the tunnel!

Needless to say I'm still here and the process is going well