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Old Jun 16th 2010, 6:43 am
  #16  
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Default Re: VWP AOS

I have to agree with nutmegger. Something isn't right with your scenario/posts, jedi.

Yesterday you stated you just met and now you have met, became romantically involved, then sexually involved and she is pregnant but miscarrying the fetus and within the 10 weeks you have been here you already have decided that you don't want to return to the UK but marry here whenever she becomes legally able to re-marry and stay and file for adjustment of status.

I'm very glad that you have consulted with an immigration attorney on this matter. I don't know how thoroughly they have gone through all the paperwork with you, for example, can your almost fiancee (can't be a fiancee if she is still married to another) complete the affidavit of support for your adjustment? This alone is a big step because if she can't you need to find someone who can and that someone is on the hook as well as her if you need means tested benefits?
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Old Jun 16th 2010, 6:51 am
  #17  
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Default Re: VWP AOS

Originally Posted by Rete
I have to agree with nutmegger. Something isn't right with your scenario/posts, jedi.

Yesterday you stated you just met and now you have met, became romantically involved, then sexually involved and she is pregnant but miscarrying the fetus and within the 10 weeks you have been here you already have decided that you don't want to return to the UK but marry here whenever she becomes legally able to re-marry and stay and file for adjustment of status.

I'm very glad that you have consulted with an immigration attorney on this matter. I don't know how thoroughly they have gone through all the paperwork with you, for example, can your almost fiancee (can't be a fiancee if she is still married to another) complete the affidavit of support for your adjustment? This alone is a big step because if she can't you need to find someone who can and that someone is on the hook as well as her if you need means tested benefits?
Rete,
also in agreement with you. If you spot the discrepancies what will the IO do during the interview. From many post and also my interview I remember the question : How long do you know each other? My story was obviously good when I adjusted from VWP.

However this story would raise a red flag for me personally. Maybe the OP want to address this with his lawyer.

A responsible Immigration attorney will not only advise regarding risks -he/she will also deny a case if there is something wrong.

Jedi this may not apply for you but you are going a risky path already .Adding more risks doesn't really help.
Also some offices will conduct a "Stokes interview " initially. I don't know where you "live " but this hurdle may bite you.

There is also a good chance the IO will scrutinize your application and you shouldn't lie under any circumstances to the USCIS.

It's good to habe a Plan B in the pocket.

Good luck
CCR

Last edited by crosscountryrider; Jun 16th 2010 at 6:55 am.
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Old Jun 16th 2010, 7:34 am
  #18  
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Default Re: VWP AOS

Ok all, I will write my whole situation out here as it is has been from day one of arriving here in the US so you can all understand my situation fully, guess I'm getting confused and in so confusing all of you with helping me and direct me here.
just to make things clear Yes I have now contacted an immigration attorney but not yet seen and spoken to in person until Friday we have only spoken briefly over the phone today.....
I came to the US for a 12 week break and stayed with friends, during this time I had met a local lady and things happened and she became pregnant and sadly has just miscarried, all of this was not intentional but things like this happen we are only human. only yesterday did she have a operation to remove any thing else that was remaining from the miscarriage, please excuse me for not remembering the procedure a DMC I think.. so since we knew of this pregnancy a few weeks back we talked and decided that I would go back to the uk to sort out a few things with my business -bank and mail etc. etc. and then I would return on a 6 month visa and then we would go see about getting married and me having residancey here, I was on the assumption that I could go back arrange an interview with the US embassy in London and have a interview and get a six month visa... I thought it was that simple.... I have left all this this late because that is what I thought I could do, stupid of me to assume all of this but that's how I thought, now I have only 3 weeks left here I came accross this site one night looking to see how long it takes to arrange an interview and how I go about doing it.
By being on this site I have realized that what I assumed is not correct and as such I posted a thread to see exactly what I need to do next, the US Embassy site totaly confused me hence this is why I'm seeking help and guidance from all of you here 1st.
My USC partner and I have agreed to marry as we are deeply in love with each other, I'm not one to run away from something like this regardless of the pittfalls some things are worth fighting for.
Ok right now the situation is this, my USC partner is DIVORCED and she said to me her paper work was all with her lawyer ready for collection, so she had been informed by her lawyer firm, however as we have only just two days ago realized that me going back and getting a 6 month visa is out of the question and know knowing what we need to progress she contacted her lawyers for her papers to collect so we can go get married, the lawyers have indicated to her that they got things mixed up they expected them back weeks ago but apparently the clerk of the courts did not pick them up, this is what I am trying to tell you all, now the court clerk is coming tomorrow to collect and then submit to the court judge for completion, this could be by late next week when we have them in hand.
I have just sent off to the UK for my birth cert and this should be here within 5 days, hopefully near the same time as she has her divorce papers... then when they arrive we will get a marraige license then I think we file a K3 and add that to my AOS form, this is what I'm trying to put to you all here, is this right so far? I know I have an appoitment with an attorny of immigration in the next few days but from what I gathered some of them are cowboys and my time is running out to do all of this within my days VWP, this is all a last min decision and as you can tell I have been competley confused with all of this, I did not want to go back and then have to wait to get back here to be with her and the possibility of not being able to come back was not an option, I do not even want to have citizen ship here in the US I do not need to work or claim anything from this country just want to able to be here most of my time for her..
Thanks to all of you for your support and what you do for people like me on here, Many thanks and I wish you all a great life
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Old Jun 16th 2010, 7:46 am
  #19  
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Default Re: VWP AOS

Originally Posted by jedimark01978
Ok all, I will write my whole situation out here as it is has been from day one of arriving here in the US so you can all understand my situation fully, guess I'm getting confused and in so confusing all of you with helping me and direct me here.
just to make things clear Yes I have now contacted an immigration attorney but not yet seen and spoken to in person until Friday we have only spoken briefly over the phone today.....
I came to the US for a 12 week break and stayed with friends, during this time I had met a local lady and things happened and she became pregnant and sadly has just miscarried, all of this was not intentional but things like this happen we are only human. only yesterday did she have a operation to remove any thing else that was remaining from the miscarriage, please excuse me for not remembering the procedure a DMC I think.. so since we knew of this pregnancy a few weeks back we talked and decided that I would go back to the uk to sort out a few things with my business -bank and mail etc. etc. and then I would return on a 6 month visa and then we would go see about getting married and me having residancey here, I was on the assumption that I could go back arrange an interview with the US embassy in London and have a interview and get a six month visa... I thought it was that simple.... I have left all this this late because that is what I thought I could do, stupid of me to assume all of this but that's how I thought, now I have only 3 weeks left here I came accross this site one night looking to see how long it takes to arrange an interview and how I go about doing it.
By being on this site I have realized that what I assumed is not correct and as such I posted a thread to see exactly what I need to do next, the US Embassy site totaly confused me hence this is why I'm seeking help and guidance from all of you here 1st.
My USC partner and I have agreed to marry as we are deeply in love with each other, I'm not one to run away from something like this regardless of the pittfalls some things are worth fighting for.
Ok right now the situation is this, my USC partner is DIVORCED and she said to me her paper work was all with her lawyer ready for collection, so she had been informed by her lawyer firm, however as we have only just two days ago realized that me going back and getting a 6 month visa is out of the question and know knowing what we need to progress she contacted her lawyers for her papers to collect so we can go get married, the lawyers have indicated to her that they got things mixed up they expected them back weeks ago but apparently the clerk of the courts did not pick them up, this is what I am trying to tell you all, now the court clerk is coming tomorrow to collect and then submit to the court judge for completion, this could be by late next week when we have them in hand.
I have just sent off to the UK for my birth cert and this should be here within 5 days, hopefully near the same time as she has her divorce papers... then when they arrive we will get a marraige license then I think we file a K3 and add that to my AOS form, this is what I'm trying to put to you all here, is this right so far? I know I have an appoitment with an attorny of immigration in the next few days but from what I gathered some of them are cowboys and my time is running out to do all of this within my days VWP, this is all a last min decision and as you can tell I have been competley confused with all of this, I did not want to go back and then have to wait to get back here to be with her and the possibility of not being able to come back was not an option, I do not even want to have citizen ship here in the US I do not need to work or claim anything from this country just want to able to be here most of my time for her..
Thanks to all of you for your support and what you do for people like me on here, Many thanks and I wish you all a great life
Jedi ,
you will not file a K-3 . You will file a I-130 application and I-485.
Just as a hint for you (maybe you can verify with your lawyer). You can send your paperwork with Medical documentation and Marriage certificate initially. Once the USCIS has worked through paperwork they will send you a RFE requesting the missing documents.

This will buy you some time in case you will run late with your paperwork.

But under NO circumtance overstay your VWP .

Kind Regards
CCR
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Old Jun 16th 2010, 7:54 am
  #20  
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Default Re: VWP AOS

OK, thank you for posting your whole scenario. Normally I keep my posts dedicated to only immigration information, because what people choose to do with their personal lives is their own choice. But in this case, I'm going to make an exception.

You've known this girl approximately 9 weeks, maybe less. Although I am sure you guys have developed feelings for each other, I think you should give marriage more time, and not rush into it on this trip. During the course of the 9 weeks you've known her, you've gotten intimate, gotten pregnant, lost the baby, and she's still dealing with getting divorce papers (yes, I understand it's final, just lacking documentation). That's a LOT to go through in 9 short weeks.

I know immigration jargon is new to you, and you've spoken to a lawyer, which is wonderful. I commend you for that. But naturally you are still confused about the different immigration paths and the process (for example, if you stay here and AOS, there is no K-3). Your lawyer can explain more on Friday.

I am sorry to hear about the loss of the baby, that must be hard on you both emotionally. BUT, now that she is NOT pregnant, there is no dire need to stay in the USA to marry her so fast and help her through a pregnancy. She will recover emotionally from the loss, just as you will, with time.

My personal recommendation is that you no longer rush into marriage and AOS on the VWP. I don't see that as a wise choice at all, especially in light of a few more details you've provided. Why don't you go ahead and get back to the UK as planned, finish out your remaining couple of weeks here with her, with a solid plan to go about your immigration the correct way. Believe me, if your relationship is strong, spending some time apart is not going to change that...it will only make it stronger. Get back to your life in the UK, stay there for 3 or 4 months, and then come visit her again...or have her come visit you, to see what life you'd be giving up for her.

If, after your 2nd visit together, you guys still feel the relationship is true and you want to marry, go ahead and either start the K-1 fiance visa process, or get married and start the CR-1 spouse immigrant visa process.

In light of everything you said, I highly recommend NOT adjusting status on this trip.

Again, just my own personal recommendation. Go ahead and meet with the lawyer on Friday, see what he says about ALL your options, and go from there.

Good luck to you, whichever way you choose.
Rene

Last edited by Noorah101; Jun 16th 2010 at 7:57 am.
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Old Jun 16th 2010, 8:17 am
  #21  
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Default Re: VWP AOS

Thank you, Jedi for clarifying the situation. I know that it is really none of our business and I hate sounding like a bi**h posting in such a manner but if I, as a layperson, see something that might be questionable, then it is far easier to assume that the adjudicating officer will as well.

Rene and others have given you a little better grasp on the process and an attorney will be of great assistance.

What you might really want to do at this point is start determining what questions you want to put to the attorney during your consultation rather than winging it.

For example, time frame to be able to obtain employment authorization so that you can obtain a social security number and find employment; length of time it will take to get advance parole so that you can return to the UK to tie up ends; what proof you will need to submit with your petitions to show the validity of your marriage; what proof, if any, will you need to show that you entered without intent, etc.

Good luck to you.
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Old Jun 16th 2010, 9:49 am
  #22  
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Default Re: VWP AOS

Originally Posted by jedimark01978
... please excuse me for not remembering the procedure a DMC I think.
D&C.


... since we knew of this pregnancy a few weeks back we talked and decided that I would go back to the uk to sort out a few things with my business
IMHO, this is STILL your best option.


... then I would return on a 6 month visa
Substitute "90 day VWP" for "6 month visa" and you're on track.


My USC partner and I have agreed to marry...
Good... but take some time before you do the deed.


I'm not one to run away from something like this...
Something like what? Marriage is always an option... for the future.


... regardless of the pittfalls some things are worth fighting for.
I agree with you 100%. Be absolutely sure you know WHAT it is you're fighting for! At this point in time, I'm not sure you fully understand what you're doing - or why.

Ian

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Old Jun 16th 2010, 1:31 pm
  #23  
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Default Re: VWP AOS

Originally Posted by ian-mstm




Good... but take some time before you do the deed.


Ok, I said this earlier in the thread. If she does not have documentation that she is free to marry, she is not going to get a marriage license to marry the OP. They will ask if either of them has been married before, she will say yes, and they will ask for her divorce decree. Only then will they give them a license to get married.

NOTHING is going to happen without them shaking their lawyer's tree for her divorce decree. I find her situation odd, however. When I had my divorce trial, the judge signed the decree then and there, and I left the courthouse with a certified copy signed by him, my lawyer, and his lawyer. Of course, all states are different, but this is a matter of public record, and as the client, she should have immediate access to her records. Sometimes you have to make some noise to get what you are entitled to.

Please understand, I am not saying that these two should proceed with their plans. Just saying (AGAIN) that nothing is going to happen without her documents.

~SG
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Old Jun 16th 2010, 11:46 pm
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Default Re: VWP AOS

Originally Posted by SecretGarden
Ok, I said this earlier in the thread. If she does not have documentation that she is free to marry, she is not going to get a marriage license to marry the OP. They will ask if either of them has been married before, she will say yes, and they will ask for her divorce decree. Only then will they give them a license to get married.

NOTHING is going to happen without them shaking their lawyer's tree for her divorce decree. I find her situation odd, however. When I had my divorce trial, the judge signed the decree then and there, and I left the courthouse with a certified copy signed by him, my lawyer, and his lawyer. Of course, all states are different, but this is a matter of public record, and as the client, she should have immediate access to her records. Sometimes you have to make some noise to get what you are entitled to.

Please understand, I am not saying that these two should proceed with their plans. Just saying (AGAIN) that nothing is going to happen without her documents.

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Unless of course they go somewhere like say South Carolina for one.

"•No proof of divorce is required."


http://www.sciway.net/facts/marriagelicense.html

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Old Jun 17th 2010, 12:38 am
  #25  
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Default Re: VWP AOS

Originally Posted by Family_Guy
Unless of course they go somewhere like say South Carolina for one.

"•No proof of divorce is required."

The problem then is USCIS going to consider the marriage valid since they would have married before the final decree was signed by the judge and filed with the county clerk's office.
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Old Jun 17th 2010, 1:28 am
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Default Re: VWP AOS

We have had confirmation from her Lawyer that her divorce paperwork will be at hand on Tues morning to collect..... my birth cert is being sent today from the uk that too should be here by Tuesday and we are going to see the immigration attorney Fri to get all this in place ready...
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Old Jun 17th 2010, 1:43 am
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Default Re: VWP AOS

Despite all the good advice he's received, it seems that the guy is going to do whatever he wants anyway. I'm done with this thread.

Ian
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Old Jun 17th 2010, 1:46 am
  #28  
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Default Re: VWP AOS

My best wishes on your impending marriage. Arranged marriages more often than not work out and you have the advantage of knowing each other for a short while so in that respect the odds are in your favor.
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Old Jun 17th 2010, 3:33 am
  #29  
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Default Re: VWP AOS

Originally Posted by ian-mstm
Despite all the good advice he's received, it seems that the guy is going to do whatever he wants anyway. I'm done with this thread.

Ian
Come on Ian...it's his personal choice. Any personal "advice" we give on here, even though it sounds "right" to us, is just that...personal advice. He still has AOS as a valid option, even though WE collectively don't agree with that route....the OP has the right to choose it, if he wants to.

Whether it goes right or wrong for him remains to be seen.

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Old Jun 17th 2010, 3:34 am
  #30  
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Default Re: VWP AOS

@ Ian I am very grateful for all the good advice, but, a lot of what you are telling me is confusing one is saying one thing and another something else. what am I supossed to do? you tell me to go see an attorney of immigration which I am Tomorrow, all the other stuff like marriage cert and my birth certs are going to be required sooner or later and thats all I can do right now, thats what I have just explained here as an update on what I am doing right now, are you telling me that I should not be doing this then Ian? if you direct me to EXACTLY what I need to do Ill listen, but everyone seems to be giving different advice which is confusing me...
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