ian-mstm

You don't have a visa.


No, you're not.

Ian

Rete

Really, you are placing yourself in a position where you are going to harm your chances of ever coming back to the US on either the relaxed VWP or even the formal B2 tourist visa.

All it takes is just one hour over the date stamped on your 94W (the 90 day permitted stay in the US) and you will again be allowed to enter the US using the VWP. You then will have to apply for a formal tourist visa from the US Consulate in London. Guess what? They are not going to give it to you. You have a gf in the US, you misused the VWP, you are young, you have no ties in the UK (otherwise you would have to be back there to work). So if you want to come back to the US you would need an immigration visa and that means lots of time away from each other and lots of headaches.

Stay over the date on the 94W by 181 days and you are banned from re-entry to the US for 3 years. The ban increases by the number of days over the 181th day. Get a ban and if you then decide to marry you have to not only get an immigration visa, which you won't immediately because you then have to file for a waiver of inadmissibility.

Have you ever said you were a USC to get a benefit, i.e. work,etc. then you banned without a waiver being available.

Somewhere along the path of life one learns you can't always have what you want when you want it. This appears to be your first lesson.

Good luck to you.

nickytuck

No I haven't! I work for a british web company remotely over here. I am just simply wanting to make this relationship work and want to know what to do to best move forward. I dont understand why it would ever be this complicated! Im 26, from a financially solid background and university educated. If I was to overstay would I be able to receive family visitors with ease?

nettlebed

If you overstay you are a 100%

You are playing with fire here.

I notice that you say you "work for a british web company remotely over here". You are really being a dumbass here. Seriously.

Why not take the advice from people here who are trying to help?

Noorah101

Rete wasn't suggesting you had. She was just saying that's another way to get banned.

You might not have known this, but you aren't supposed to be doing ANY work whatsoever while you are physically in the USA, without proper work authorization. You are not currently allowed to work.

I understand. It's pretty much a shock to everyone who starts down the US Immigration route. It is not easy, and it is a lengthy process. Just do your research and make your best decision on how you want to pursue it. There are non-risk ways, and a risky way. If you are a risk taker and you don't mind paying the consequences if it goes badly, then you have a clear path. Personally, I'm not a risk taker and would go with one of the two more guaranteed methods. (K-1 fiance or CR-1 spouse immigrant visa.)

Unfortunately, none of that means anything to USCIS with regard to your immigration.

If you overstay, there will be nothing to prohibit you from having visitors, no. Whether they are able to enter the USA with ease depends on their set of facts, not yours.

Rene

Jaxbar

I am starting to wonder why the good people on BE even bother any more.

Maybe we could create a list of phrases not allowed in relation to marriage based immigration.

We want to be together
Its not fair
But I'm British
What about the special relationship?
Can someone tell me how to make this work?
Why are you all so mean/negative/etc?

I do not apologize for hijacking, the OP is not listening to advice anyway, so what else should we add?

nettlebed

But of course, if there is any problem with them that draws attention to the OP, then things might become more difficult very quickly.

Rete

Do you know that working like that is illegal?

Do you know that there are the same laws for tourist/visitors going to the UK and living there illegally?

We are not part of the EU. Your education and your financial wherewithal doesn't mean squat unless you are applying for a work visa or and investment visa.

Noorah101

Your I-94W expires in one month. You don't have a visa. The best way forward is whatever works best for your own scenario and your own comfort level of risk. Personally, I would marry now and do a spouse immigrant visa. But that's just me.

You can overstay. You can get married this summer. If you do that, there won't be a visa involved. Your AOS is risky. It's up to you if you want to overstay and have that risk of being sent home and banned from returning.

As I mentioned above, in my layman's opinion, the best visa to apply for is the spouse Immigrant Visa. However, it will mean a period of separation...you cannot stay in the USA with her while the process is ongoing. You will need to leave before your I-94W expires, and will go back home to do the visa processing.

Many of us on here spent many months away from our fiance or spouse, and we survived just fine and are happy in our relationships. There's nothing wrong with spending some time apart so that you can have a safe lifetime together, without looking over your shoulder and wondering if your plan will backfire on you. What's a few months apart when you're comparing it to a lifetime together?

Rene

Rene

ian-mstm

The hallmark of maturity is delayed gratification. Yes, it's as simple as that. What you "want" doesn't enter into the immigration equation... you can only do that which is allowed. You can do things safely, or you can play with fire... your choice.

Ian

country_canuck

Feeling lucky? When it goes wrong, it goes horribly wrong. We generally only hear about those who successfully navigate the overstay/adjust status path.

I overstayed a work visa and did the AOS route. Unfortunately it went wrong and I was placed in removal proceedings and we have been struggling with the courts, huge legal bills, not allowed to work, can't leave the country or risk never reentering, haven't seen my family in years and I can't get a drivers licence. Luckily, my wife loves me and has my back, and I have become quite competent with the vacuum cleaner and frying pan. So, we are in a never ending (seemingly) state of unknown. Not a great way to start a life together, wouldn't you agree?

The problem is that once you start down this path your only remedy is to stick it out no matter how tough it gets. Be very certain that your marriage can withstand these added pressures and stressors should things go wrong...

My advice, from experience, marry, go home, do the cr1 or go home and do a k1. Save yourself the headaches brother.

Cheers!

nickytuck

Thank you,

Its a tricky decision but the one thing I cant work around is the percentages of probability? Sure its could great, and could go wrong. How do the American government track AOS, how long does it take them to be alerted to your case?

nettlebed

Laaa laaa laaa! I'm not listening, I can't hear you! I'm going to do what the hell I want to anyway!

Rete

I'm out of here. Not into giving away state secrets just because someone wants to live without rules.

Seek the advice of counsel.

country_canuck

Good idea!! Play the odds! Do get married and file for adjustment in Vegas, that way we can all play the odds along with you!

Does your gf know the risks and repercussions?

Your attorney is also playing the odds but he can't lose even if you do.