Noorah101

There are several different routes you can take, Mark. Everyone is going to have a different opinion of which one is best or right. It's up to you to undertand all your options and go with the one you feel is right "for you".

Personally, as I've said before, I would go back to the UK before your I-94W expires, and pursue the correct visa to return to the USA to immigrate, if that's still how I felt a few months from now, then maybe I'd do a fiance visa. I'd spend more time getting to know the other person. I wouldn't AOS from the VWP. But that's just me. Others will say go ahead and get married on this trip, but then return home for immigrant visa processing. Others will say what the heck, you're already here, go ahead and AOS even though there are risks. Everyone will tell you something different...it's up to you to make the choice.

After you talk to your lawyer Friday, you'll have a clearer picture of what your options are. Make sure you ask him about ALL your options, not just the AOS from VWP option.

Rene

jedimark01978

If the attorney tells me I need to go back to the Uk then fine that's what I'll do in 2.5 weeks time, if they think that filing a AOS is fine I'll do that, I'll do what ever is required, everyone is giving good advice here to me but too many different options which is totally confusing me, I have a good feeling about adjustment to my status it feels right somehow and well whatever is meant to be is meant to be..... I do understand if no-one wishes to give me anymore advice here does not help when I aint got a clue which way to go with this.....thank you all anyway...

jedimark01978

Thank you Noorah, you have been most helpful right from the start, will leave it at this for today and let you all know what the outcome with the attorney is tomorrow..... have a good day day all...

Nutmegger

Mark -- the attorney is not going to tell you what to do. He too will lay out the options -- it is your life, and you and your girlfriend must make the decisions.

Rene has spelled out your options in a wonderful post. As she said, there are just three to consider:

1. Return to the UK, and as your relationship moves ahead plan on returning to be married on a fiancee visa.

2. Get married now, but return to the UK before your VWP term expires to start plans for returning on a visa as the husband of a USC.

3. Get married now. but stay in the US and apply for adjustment of status. Now this is the riskiest of the options, as if you are not granted the adjustment, you have signed away your right to remain because you arrived on the VWP. Under such circumstances, would your girlfriend be happy to return to the UK to be with you?

Rete

Mark, I hope this tidbit helps to clarify things.

It is not illegal to AOS based on marriage while you have entered under the VWP. What is illegal is the intent to do so before you entered the US.

Some posters will argue the legality of AOS after marriage while on the VWP but they are not correct. It is the intent which is the problem area, not the act of marriage or filing for AOS afterwards, but the intent when you got on that plane and entered the US.

If the adjudicating officer feels that you had such an intent then you are going to have to work on disproving their thoughts at the time of the interview. The problem is that if you are denied AOS you cannot appeal the decision while you remain in the US. When you entered the US you signed away that right. Thus you would have to leave the US and start the process from abroad.

Noorah101

The attorney *might* tell you what to do...but it's ultimately your choice to understand and choose the path that's right for you. Spend time talking to the lawyer to understand EACH path, then take another few days to let it all sink in and then make a choice.

Part of your dilemma is that you are overwhelmed (with everything that's been happening to you during the past 2 months) and all of this immigration talk is new to you. Take a lot of deep breaths, try to understand the options you have before talking to the lawyer (so you won't feel so confused when he throws immigration jargon at you), and so you can ask intelligent questions of the attorney.

Here are some good questions to ask him:

1. What are ALL of my immigration options right now? (if he tells you AOS is your ONLY option, don't hire this lawyer...go talk to another one!)

2. If I stay and adjust status right now, if it gets denied, what happens to me? What are my options after that? (if he guarantees a successful AOS, don't hire this lawyer...go talk to another one!)

Rene

jedimark01978

Thank you Nuttmeger,
if I could have had this from you from the start like you have just wrote I would have seen all of this clearly, I'm not the brightest at the moment as you can all gather with this, looking at the three options here in black and white makes me understand all of this clearer... I do like the option 2 here and that's what I will do if the attorney thinks option 3 is too risky, from the initial telephone conversation with the attorney option 3 is not a bad idea but I will know more tomorrow after our consultation.. thank you once again for simplifying all my options here...cheers

ian-mstm

With respect, this is exactly why you should NOT be making any decisions right now. You are trying to decide a course of action that will affect your entire life - yes, and your girlfriend's - very likely for many years to come. You need to separate what your heart tells you, what your mind tells you, and what your hormones tell you. Right now, they are ALL in conflict... and you can only make a good decision when they are all in harmony.

Okay, I said I was done, but I guess I wasn't.

You are welcome to do what you want - it's your life, and I'm not in a position to tell you how to live it. My only concern here, is that you make an informed decision about the path you take - and it takes time to make such a decision. You seem to be both highly emotional and highly agitated at present - you have had a tumultuous and emotional few weeks. Immigration is hard enough when you're at your best... and, by your own admission, you're not at your best.

Don't get me wrong - I am very happy that you have found someone and I honestly hope things work out... but immigration is not for the faint of heart, and if either you or your girlfriend are not up for the struggle, it's best to postpone the struggle until you are better prepared.

Marriage, if you're not prepared, can be both emotionally and financially devastating. Getting married, out of fear of separation, is a bad idea... a really bad idea. Getting married, without a good handle on finances, is a bad idea.

Okay... now I'm done! I really, truly hope things work out well for you!

Ian

country_canuck

It should be noted that while adjusting while on vwp is highly risky, that risk compounds dramatically if you apply for the adjustment AFTER your vwp expires. Of course this seems counter productive as it emotionalizes the decision based on "time running out" rushing the decisions and clouding judgement further.

meauxna

I think the reason it is confusing to you is because you've got two essential questions: your immigration question, and your life question, and people are commenting on both.

I *can* legally eat as much ice cream as I can afford to buy.
However, this will have other consequences in the future.


Because the immediate need is no longer there, I personally recommend that you two do what I think of as 'the grown up thing' and give yourselves time to make an informed decision. The reason many of us here comment on the life part of your question is because we have read thousands of immigration love stories over the years and have seen some predictable outcomes.
You and your GF are not setting yourselves up for success, based on what you have written and IMO. That doesn't mean you're a guaranteed fail, it just means that is one person's informed opinion.

If you leave on time now, you are not barred from returning, so why not just do it 'right', legally and life wise?

SecretGarden

Listen, I said that requirements vary by state. But with the difficulty the OP is seeming to have even understanding the process, who knows where, how and when he is going to get married?

right back atcha. No need to get so damn testy.

~SG

Family_Guy

Oh please the last time I got testy was the 11 plus

What you actually said was

The state qualification you made appears to be in relation to State provisions concerning legal process and certainly NOT in relation to getting married without proof of divorce. For the avoidance of doubt you wrote

That is WRONG information. Regardless of what some or all of us may feel re the OP and the troll factor we need to bear in mind the search feature and that it is not helpful to post inaccurate information as fact.

If you follow the links within the link I posted you will see that there are several states that do NOT require proof of divorce to obtain a marriage licence.

That is the salient point.

Now lets have a salient kiss and make up :

SecretGarden

Dude, the point I mentioned regarding "all states being different" was in reference to their criteria that those involved show proof of divorce.

I have no idea what you mean by "11 plus". If it's a British reference, please keep in mind that not all of us are British here. You might want to explain the "salient point" for us American idiots here.

For Christ's sake, I was simply trying to point out to this seemingly clueless poster that he had potentially bigger problems than just what he needed to submit for adjustment of status. I have no idea where he is from, where he will apply for his marriage license, and I don't have the time to sit and research his posts to find out. The point stands: I would argue that most places will require proof of eligibility to marry (ie divorce decree in this instance) before a marriage license will be issued.

In my opinion, the caveat I offered was worthwhile. I don't think it's anyone's role here to be pedantic and pissy just for the sake of it. (Except perhaps JEff, whom I love and respect greatly.)

Piss off, peace out, FG.

~SG

Sally Redux

He's saying he hasn't taken a test since the age of 11 (11 Plus used to be used to select children for grammar school).

SecretGarden

Well, thank you so much for that Ms. Sally. Much appreciated. I guess that is kind of saying something like, "that joke is so old the last time I heard it, I fell off my dinosaur!"

I thank you.

~SG