Rose5

Anybody who could help us:

I have been on here before and posted about my situation in london when i went to visit my then boyfriend. I was accused of wanting to live in the uk when i only wanted to visit. they held me for hours and wouldnt let me talk to anyone that could help me. to make matters worse i am partially deaf. so im sure i answered questions wrong. Anyways...my then bf came over this jan to visit me for a month, he is supposed to go home tomorrow.. we got to talking about london and everything we have been through and were worried since i cant fly over to him that there might be a possibility that we would be separated and never be together again. I know, i know big worry. Anywho we got married this past monday and are now worried that since we must file for AOS that we will be separated. We had absolutely NO intention to get married. it was on a whim that we did it. there is also a possibility i might be pregnant. which makes my worries even bigger as far as filing for AOS and us not being separated. im sure im worrying about nothing. we are also in the process of obtaining a lawyer. now with all that said...id appreaciate any more help or advice that could make my worries a lil smaller so to say. thanks for all your help.

Thanks so much,
rose

Steffi

I'm in no way an expert on this, but from what I gather from other cases like yours where you sporadically got married while he came to see you on the VWP your husband should be able to stay in the US and just file for AOS. Again, I didn't get married under the same circumstances you did and am not sure if I'm correct with what I'm saying, but I think that's how it might work. In which case your husband doesn't need to leave the country if he doesn't want to.

I hope someone that had the same situation as you will reply (and correct me if I just told you the wrong thing). Good luck!!

britchicknyc

Congratulations on your marriage! And the maybe baby.

As far as I know your husband can stay and you can file to adjust status. He just can't leave while this is happening, without AP.

Like the previous poster, this was not my situation - but I'm sure someone can help.

Congrats once again.

Steffi

Now that you mentioned that I'm thinking that it's actually possible that if you DON'T file for AOS and he leaves the country that you probably will be seperated for a while, because that would mean that you probably have to file for a K3 spouse visa through the embassy, and then it'll take several months before that is approved and you'd get the interview. On the other hand if you DO get the AOS started he can't leave the country probably, at least not until he gets the AP like britchicknyc mentioned.
So please be informed of what may happen if he does leave now!

Again, I hope someone that has done the same will reply because I'm not 100% sure if my answers are correct. But it sounds to me like you should do some, or rather A LOT of research before you hubby gets on that plane tomorrow!!

Rose5

hi this is rose's husband....i dont want to leave the country,but if i stay and we apply for the AOS...would that be illegal?i just dont want to leave her!!!!

SecretGarden

Hi,
You've asked for information on this issue before----

http://britishexpats.com/forum/showthread.php?t=280290

Seems that the responses in that thread were pretty comprehensive?

~SecretGarden

P.S. for a referral to a qualified immigration lawyer in your area, go to www.aila.org

tanaats

I'm curious. I wrote AILA and they said they have no requirements for membership. Any licensed lawyer can join whether they are competent in immigration or not. How much of a recommendation, actually, is AILA membership?

Joe

eggysbrain

hi rose,

your hubby can stay and file for AOS, or he can leave and you can apply for a K3 visa. As long as he had no intent to remain when he entered the country, there is nothing illegal about remaining and filing for AOS. He won't be allowed to leave the country without AP though, or they won't let him back in.

good luck

ian-mstm

If you did not intend to marry *and* stay in the US to adjust status *when you entered the US*... then you haven't done anything wrong. So, while I personally don't approve of what you've done - it's not illegal. So... go ahead and file the forms - do it now. And, whatever else you do, don't leave the US until you either adjust status or get advance parole.

Ian

Jonathan McNeil Wong

tanaats wrote:
    >>Hi,
    >>You've asked for information on this issue before----
    >>http://britishexpats.com/forum/showthread.php?t=280290
    >>Seems that the responses in that thread were pretty comprehensive?
    >>~SecretGarden
    >>P.S. for a referral to a qualified immigration lawyer in your area,
    >> go to www.aila.org
    >
    >
    > I'm curious. I wrote AILA and they said they have no requirements for
    > membership. Any licensed lawyer can join whether they are competent in
    > immigration or not. How much of a recommendation, actually, is AILA
    > membership?
    >
    > Joe
    >

I'm an AILA member, so bear that in mind when you evaluate the
credibility of this answer.

AILA is not a licensing body; it doesn't have any requirements other
than one must be licensed to practice law. AILA lawyers are subject to
election by their peers; if you want to join, your application is sent
to the local chapter and its members vote on your admission. So it's a
little more selective than just pay your money and get your card. (This
of course doesn't guarantee quality, just clubbiness. But, FWIW, the
AILA lawyers I know are really good lawyers. There is no substitute,
though, for a personal recommendation.)

AILA has a wealth of resources for the practicing immigration lawyer.
This doesn't mean that the lawyer will use them -- but AILA lawyers who
use the resources available to them through AILA are, in my opinion,
better informed on both legal issues and actual agency practices than
others might be.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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