Ryan

I am american, my wife is British, we met and married in England. Our
son was born there in Bristol last april and he's sorted with 2
passports. We ended up having to make an emergency move to the U.S.
but there wasn't enough time to get her a visa. She's travelling on
her passport as a tourist. When we went to London to try to get her
visa before we left, they said it takes 3 months, but don't worry, you
can do it once you get there. We got as far as having about ten
different forms sent to us, all with duplicates, but no explanation.
we're in Houston now, with family, but final destination is
Philadelphia. What forms do we fill out and where should we send them
and should we hold off until we move in January? She's already
overstayed her passport, its been since end of July. Bye the way,
we're poor and can't afford an immigration lawyer. Any help would be
much appreciated, as lost as we are!
thanks,
-ryan

Mrtravel

You need legal advice. That is the first point I want to make.

You stated you made "an emergency move"
Does this mean you knew before she entered the US on the visa waiver
that she was going to live in the US on that trip? You can not use a
visa waiver to avoid getting an immigrant visa. However, the INS will
have to show fraud to deny

What did INS at the airport ask her when she entered the US
How did she respond?

What kind of visa did you ask them about in London?
I would wait until the move in January to file. You will lose far more
time with INS filing now and getting a transfer.

By poor, what is your annual income for the family?
Can you get a cosponsor if your income isn't high enough?

One other important issue.. The 180 day overstay issue.
Did she arrive in July, or did the 90 days end in July?
If you overstay your visa or waiver by 180 days or more, you can face a
ban.



Ryan wrote:
    >
    > I am american, my wife is British, we met and married in England. Our
    > son was born there in Bristol last april and he's sorted with 2
    > passports. We ended up having to make an emergency move to the U.S.
    > but there wasn't enough time to get her a visa. She's travelling on
    > her passport as a tourist. When we went to London to try to get her
    > visa before we left, they said it takes 3 months, but don't worry, you
    > can do it once you get there. We got as far as having about ten
    > different forms sent to us, all with duplicates, but no explanation.
    > we're in Houston now, with family, but final destination is
    > Philadelphia. What forms do we fill out and where should we send them
    > and should we hold off until we move in January? She's already
    > overstayed her passport, its been since end of July. Bye the way,
    > we're poor and can't afford an immigration lawyer. Any help would be
    > much appreciated, as lost as we are!
    > thanks,
    > -ryan

Ryan

thanks for the quick response!

Yes, we knew that we were 'probably' going to live in the US for a
while, but not only were we not sure, but at the last minute, I got
accepted to a school in houston to start post baccalaueate education
studies. I though it was too late for this fall, then all of the
sudden, we had to get over there so I could attend classes. We bought
plane tickets, then got our son's passports and tried to get her a
visa or whatever it takes and they said it would be three months. My
visa to live in the UK only took one day to get. I was expecting
something like that and then there we were, screwed.

When we came into the country, we just said we were on holiday and she
had a return ticket. No one gave us any problems. We arrived July
26, 2002. I believe her time to return was given as october something.

I can't remember what type of visa we asked about in London. It was
informal to a woman working there and she told us that she shouldn't
tell us this, but that we could do it here, and enter the country as
tourists.

yes, we are very poor, thats why I had to come here. I'm trying to be
a teacher and I can't get certified in the UK yet (complicated) So
I've been in school and taking loans and help from parents and living
off savings, which are very limited. I have no job at the moment,
since we're moving soon, income is $0.00 per year. However, I almost
have a substitute teaching job lined up in Philly. I know that my
parents will cosponsor because they did it for me when I got my UK
visa.

Thanks for the advise,
Ryan



mrtravel wrote in message news:...
    > You need legal advice. That is the first point I want to make.
    >
    > You stated you made "an emergency move"
    > Does this mean you knew before she entered the US on the visa waiver
    > that she was going to live in the US on that trip? You can not use a
    > visa waiver to avoid getting an immigrant visa. However, the INS will
    > have to show fraud to deny
    >
    > What did INS at the airport ask her when she entered the US
    > How did she respond?
    >
    > What kind of visa did you ask them about in London?
    > I would wait until the move in January to file. You will lose far more
    > time with INS filing now and getting a transfer.
    >
    > By poor, what is your annual income for the family?
    > Can you get a cosponsor if your income isn't high enough?
    >
    > One other important issue.. The 180 day overstay issue.
    > Did she arrive in July, or did the 90 days end in July?
    > If you overstay your visa or waiver by 180 days or more, you can face a
    > ban.

Mrs_blackross

My opinion based on your statements below about your entry...you were not
screwed when you found out it takes longer than a day to get a visa to the
US, but you are definitely screwed now; however, it is your own fault. I
find it difficult to sympathize with people that deliberately ignore and
break the laws because it is not convenient fore them or does not fit their
timeline.
You deliberately lied to INS at the POE in order for her to gain entry.
This is called fraud and can get your wife a permanent ban from the US.
The three months timelinethey told you was probably for DCF from the UK and
would have been MUCH faster and easier than the timeline you now face. The
woman in London who told you to do it this way shouldn't have told you that
because it is illegal. While it is possible and perfectly legal to enter as
a visitor and file for AOS to stay (I did it), it is not legal to LIE on
entry (I didn't) and/or to enter as a visitor with the preconceived intent
to stay. What goes in your favour is that it would be difficult for INS to
prove fraud, however, you never know what they entered into their computer
when you arrived in the US.

RUN do not walk to a GOOD, EXPERIENCED immigration attorney!!




"Ryan" wrote in message
news:[email protected]...
    > thanks for the quick response!
    > Yes, we knew that we were 'probably' going to live in the US for a
    > while, but not only were we not sure, but at the last minute, I got
    > accepted to a school in houston to start post baccalaueate education
    > studies. I though it was too late for this fall, then all of the
    > sudden, we had to get over there so I could attend classes. We bought
    > plane tickets, then got our son's passports and tried to get her a
    > visa or whatever it takes and they said it would be three months. My
    > visa to live in the UK only took one day to get. I was expecting
    > something like that and then there we were, screwed.
    > When we came into the country, we just said we were on holiday and she
    > had a return ticket. No one gave us any problems. We arrived July
    > 26, 2002. I believe her time to return was given as october something.

    > I can't remember what type of visa we asked about in London. It was
    > informal to a woman working there and she told us that she shouldn't
    > tell us this, but that we could do it here, and enter the country as
    > tourists.

    > yes, we are very poor, thats why I had to come here. I'm trying to be
    > a teacher and I can't get certified in the UK yet (complicated) So
    > I've been in school and taking loans and help from parents and living
    > off savings, which are very limited. I have no job at the moment,
    > since we're moving soon, income is $0.00 per year. However, I almost
    > have a substitute teaching job lined up in Philly. I know that my
    > parents will cosponsor because they did it for me when I got my UK
    > visa.
    > Thanks for the advise,
    > Ryan
    > mrtravel wrote in message
news:...
    > > You need legal advice. That is the first point I want to make.
    > >
    > > You stated you made "an emergency move"
    > > Does this mean you knew before she entered the US on the visa waiver
    > > that she was going to live in the US on that trip? You can not use a
    > > visa waiver to avoid getting an immigrant visa. However, the INS will
    > > have to show fraud to deny
    > >
    > > What did INS at the airport ask her when she entered the US
    > > How did she respond?
    > >
    > > What kind of visa did you ask them about in London?
    > > I would wait until the move in January to file. You will lose far more
    > > time with INS filing now and getting a transfer.
    > >
    > > By poor, what is your annual income for the family?
    > > Can you get a cosponsor if your income isn't high enough?
    > >
    > > One other important issue.. The 180 day overstay issue.
    > > Did she arrive in July, or did the 90 days end in July?
    > > If you overstay your visa or waiver by 180 days or more, you can face a
    > > ban.
    > >

Christa

I'm an infrequent visitor to this newsgroup and don't reply much to posts.
This one causes me to say "get off your high horse", though. Here is a US
citizen who brings his wife to his home country. There is nothing illegal
about that, she can adjust status in the country. While the rules are the
rules, they can always be bent, and this is done with the knowledge of
authorities.
Maybe it's time to help the poster with his adjustment of status issues. Why
he needs to run to an immigration attorney, I have a hard time
understanding.



"Mrs_Blackross" wrote in message
news:[email protected]...
    > My opinion based on your statements below about your entry...you were not
    > screwed when you found out it takes longer than a day to get a visa to the
    > US, but you are definitely screwed now; however, it is your own fault. I
    > find it difficult to sympathize with people that deliberately ignore and
    > break the laws because it is not convenient fore them or does not fit
their
    > timeline.
    > You deliberately lied to INS at the POE in order for her to gain entry.
    > This is called fraud and can get your wife a permanent ban from the US.
    > The three months timelinethey told you was probably for DCF from the UK
and
    > would have been MUCH faster and easier than the timeline you now face.
The
    > woman in London who told you to do it this way shouldn't have told you
that
    > because it is illegal. While it is possible and perfectly legal to enter
as
    > a visitor and file for AOS to stay (I did it), it is not legal to LIE on
    > entry (I didn't) and/or to enter as a visitor with the preconceived intent
    > to stay. What goes in your favour is that it would be difficult for INS
to
    > prove fraud, however, you never know what they entered into their computer
    > when you arrived in the US.
    > RUN do not walk to a GOOD, EXPERIENCED immigration attorney!!
    > "Ryan" wrote in message
    > news:[email protected]...
    > > thanks for the quick response!
    > >
    > > Yes, we knew that we were 'probably' going to live in the US for a
    > > while, but not only were we not sure, but at the last minute, I got
    > > accepted to a school in houston to start post baccalaueate education
    > > studies. I though it was too late for this fall, then all of the
    > > sudden, we had to get over there so I could attend classes. We bought
    > > plane tickets, then got our son's passports and tried to get her a
    > > visa or whatever it takes and they said it would be three months. My
    > > visa to live in the UK only took one day to get. I was expecting
    > > something like that and then there we were, screwed.
    > >
    > > When we came into the country, we just said we were on holiday and she
    > > had a return ticket. No one gave us any problems. We arrived July
    > > 26, 2002. I believe her time to return was given as october something.
    > > I can't remember what type of visa we asked about in London. It was
    > > informal to a woman working there and she told us that she shouldn't
    > > tell us this, but that we could do it here, and enter the country as
    > > tourists.
    > >
    > > yes, we are very poor, thats why I had to come here. I'm trying to be
    > > a teacher and I can't get certified in the UK yet (complicated) So
    > > I've been in school and taking loans and help from parents and living
    > > off savings, which are very limited. I have no job at the moment,
    > > since we're moving soon, income is $0.00 per year. However, I almost
    > > have a substitute teaching job lined up in Philly. I know that my
    > > parents will cosponsor because they did it for me when I got my UK
    > > visa.
    > >
    > > Thanks for the advise,
    > > Ryan
    > >
    > >
    > >
    > > mrtravel wrote in message
    > news:...
    > > > You need legal advice. That is the first point I want to make.
    > > >
    > > > You stated you made "an emergency move"
    > > > Does this mean you knew before she entered the US on the visa waiver
    > > > that she was going to live in the US on that trip? You can not use a
    > > > visa waiver to avoid getting an immigrant visa. However, the INS will
    > > > have to show fraud to deny
    > > >
    > > > What did INS at the airport ask her when she entered the US
    > > > How did she respond?
    > > >
    > > > What kind of visa did you ask them about in London?
    > > > I would wait until the move in January to file. You will lose far more
    > > > time with INS filing now and getting a transfer.
    > > >
    > > > By poor, what is your annual income for the family?
    > > > Can you get a cosponsor if your income isn't high enough?
    > > >
    > > > One other important issue.. The 180 day overstay issue.
    > > > Did she arrive in July, or did the 90 days end in July?
    > > > If you overstay your visa or waiver by 180 days or more, you can face
a
    > > > ban.
    > > >

Mrs_blackross

adjusting status from within the US is fine, but LYING will get you banned.
LYING at the POE is FRAUD
what is there not to understand?


"Christa" wrote in message
news:[email protected]...
    > I'm an infrequent visitor to this newsgroup and don't reply much to posts.
    > This one causes me to say "get off your high horse", though. Here is a US
    > citizen who brings his wife to his home country. There is nothing illegal
    > about that, she can adjust status in the country. While the rules are the
    > rules, they can always be bent, and this is done with the knowledge of
    > authorities.
    > Maybe it's time to help the poster with his adjustment of status issues.
Why > he needs to run to an immigration attorney, I have a hard time
    > understanding.
    > "Mrs_Blackross" wrote in message
    > news:[email protected]...
    > >
    > > My opinion based on your statements below about your entry...you were
not
    > > screwed when you found out it takes longer than a day to get a visa to
the
    > > US, but you are definitely screwed now; however, it is your own fault.
I
    > > find it difficult to sympathize with people that deliberately ignore and
    > > break the laws because it is not convenient fore them or does not fit
    > their
    > > timeline.
    > > You deliberately lied to INS at the POE in order for her to gain entry.
    > > This is called fraud and can get your wife a permanent ban from the US.
    > > The three months timelinethey told you was probably for DCF from the UK
    > and
    > > would have been MUCH faster and easier than the timeline you now face.
    > The
    > > woman in London who told you to do it this way shouldn't have told you
    > that
    > > because it is illegal. While it is possible and perfectly legal to enter
    > as
    > > a visitor and file for AOS to stay (I did it), it is not legal to LIE on
    > > entry (I didn't) and/or to enter as a visitor with the preconceived
intent
    > > to stay. What goes in your favour is that it would be difficult for INS
    > to
    > > prove fraud, however, you never know what they entered into their
computer
    > > when you arrived in the US.
    > >
    > > RUN do not walk to a GOOD, EXPERIENCED immigration attorney!!
    > >
    > >
    > >
    > >
    > > "Ryan" wrote in message
    > > news:[email protected]...
    > > > thanks for the quick response!
    > > >
    > > > Yes, we knew that we were 'probably' going to live in the US for a
    > > > while, but not only were we not sure, but at the last minute, I got
    > > > accepted to a school in houston to start post baccalaueate education
    > > > studies. I though it was too late for this fall, then all of the
    > > > sudden, we had to get over there so I could attend classes. We bought
    > > > plane tickets, then got our son's passports and tried to get her a
    > > > visa or whatever it takes and they said it would be three months. My
    > > > visa to live in the UK only took one day to get. I was expecting
    > > > something like that and then there we were, screwed.
    > > >
    > > > When we came into the country, we just said we were on holiday and she
    > > > had a return ticket. No one gave us any problems. We arrived July
    > > > 26, 2002. I believe her time to return was given as october something.
    > >
    > > > I can't remember what type of visa we asked about in London. It was
    > > > informal to a woman working there and she told us that she shouldn't
    > > > tell us this, but that we could do it here, and enter the country as
    > > > tourists.
    > >
    > > >
    > > > yes, we are very poor, thats why I had to come here. I'm trying to be
    > > > a teacher and I can't get certified in the UK yet (complicated) So
    > > > I've been in school and taking loans and help from parents and living
    > > > off savings, which are very limited. I have no job at the moment,
    > > > since we're moving soon, income is $0.00 per year. However, I almost
    > > > have a substitute teaching job lined up in Philly. I know that my
    > > > parents will cosponsor because they did it for me when I got my UK
    > > > visa.
    > > >
    > > > Thanks for the advise,
    > > > Ryan
    > > >
    > > >
    > > >
    > > > mrtravel wrote in message
    > > news:...
    > > > > You need legal advice. That is the first point I want to make.
    > > > >
    > > > > You stated you made "an emergency move"
    > > > > Does this mean you knew before she entered the US on the visa waiver
    > > > > that she was going to live in the US on that trip? You can not use a
    > > > > visa waiver to avoid getting an immigrant visa. However, the INS
will
    > > > > have to show fraud to deny
    > > > >
    > > > > What did INS at the airport ask her when she entered the US
    > > > > How did she respond?
    > > > >
    > > > > What kind of visa did you ask them about in London?
    > > > > I would wait until the move in January to file. You will lose far
more
    > > > > time with INS filing now and getting a transfer.
    > > > >
    > > > > By poor, what is your annual income for the family?
    > > > > Can you get a cosponsor if your income isn't high enough?
    > > > >
    > > > > One other important issue.. The 180 day overstay issue.
    > > > > Did she arrive in July, or did the 90 days end in July?
    > > > > If you overstay your visa or waiver by 180 days or more, you can
face
    > a
    > > > > ban.
    > > > >
    > >
    > >
    > >

Rete

While what you say is all too true, as Mrs. Blackross and Mr. Travel have pointed out is that IF INS wanted to be hardnosed about this particular case, they are standing on a very solid leg at the moment.

This couple knew the circumstances surrounding their "visit" to the US. They knew they were moving here and if INS decided that they wanted to play hard ball with them, it would be all too easy for INS to see that the ball was in their court and that there are only 30 seconds on the clock for the petitioner to win the game.

First off, they lied at the POE. They most assuredly did not have a residence in England to return to. No job, no furniture, no clothing, no ties whatsoever. Can INS prove this? INS doesn't have to. The petitioner has to prove that they had all of the above.

Secondly, he returned to the US with family in tow with a well documented university enrollment in place. It is not like this was put in place after or during the visit, but arrangements had been made before the visit.

Third, he could have filed for AOS at the US Consulate in London. So they would have been apart for three months. They would not have survived?

But yes, if they waited until they moved in January to the Philadephia INS area and filed at that time, she will be a legal resident of the US inside of 8 months. INS will probably never blink an eye regarding their entry into the US.

The issue of an overstay for the wife is not really a problem unless they come into money and she wants to travel back to England for a visit. Then she might well run into trouble if she files for AOS on the 180 or more days into her overstay. A ban is only in effect after she leaves the country. If she remains inside of the US the ban is not activated and she can adjust status.

You must remember that this newsgroup is frequented by people who are for the most part trying to play by the rules INS has laid down. While they are apart from their loved ones sweating our long wait times, RFE from service centers, getting medicals and police clearances so they can be issued fiancee or spousal visas which will allow them to legally enter the US with INS blessings, it is frustrating to see a poster tell them how easy it was for them to bypass the rules and waltz into the US, file for adjustment and have it granted without a hitch.

There is a prescribed right way and wrong way. And with the adjustment of status based on marriage to a US Citizen, it is disheartening to see that the wrong way can be the easiest way to obtain the same results. All you have to do is successfully navigate the POE.

Rete

Just Jenney

This is the sort of attitude that I resent, because it is people who have this attitude who make it difficult for the rest of us who are trying to go about things the right way -- not "bending" the rules to suit our particular schedules and conveniences.

And, if all this "rule-bending" is done with the knowledge of authorities, then with this logic, the OP has nothing to worry about, right? Wrong. Because knowledge and acceptance are completely different things.

I would give anything to only be away from Mark for three months, if it meant we could be together legally. But I'll have to settle for around six months, because that's as long as it takes...

~ Jenney

Ranjini

Let those who choose to "bend" the rules, do it their way. It is the risk they are taking, not you you or me. We chose to do it the "right" way, because that's how we like to do things.
If there are ways to circumvent and " ease" the immigration jouney to be with loved ones, by all means. Why not? Just look at all the crap we deal with for several years of dealing with the INS. Don't all of us wish there was an easier way?? To each their own.

Christa

I need to correct you. I didn't have rule-bending this attitude for myself.
My husband and I were living on 2 continents for 4 years, the fiance visa
process took a bit over 5 months. We have chosen to do it the correct way,
my husband was allowed to work when he arrived in the US. The original
poster has chosen a different route and phases consequences for that, as
Rete has pointed out. To each his own.

Peace.

; "Mark" wrote in message
news:[email protected]...
    > Originally posted by Christa
    > > While the rules are the rules, they can always be bent, and this is
    > > done with the knowledge of authorities.
    > This is the sort of attitude that I resent, because it is people who
    > have this attitude who make it difficult for the rest of us who are
    > trying to go about things the right way -- not "bending" the rules to
    > suit our particular schedules and conveniences.
    > And, if all this "rule-bending" is done with the knowledge of
    > authorities, then with this logic, the OP has nothing to worry about,
    > right? Wrong. Because knowledge and acceptance are completely
    > different things.
    > I would give anything to only be away from Mark for three months, if it
    > meant we could be together legally. But I'll have to settle for around
    > six months, because that's as long as it takes...
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com

John McHugh

Agreed. There are two reasons that I can think of to adhere to the legality of the process. First, there's potentially a personal principle pertaining to the rule of law [visualizing readers rubbing the spit-mist off their displays]. It may not be universally true, but generally speaking I don't see a strong basis to criticize others on moral grounds for driving on the shoulder, so to speak. I base this on the strong and understandable contempt and frustration expressed on this group toward the arbitrary immigration policies as they exist today. I mean, c'mon, who really respects these policies in and of themselves?

The second reason to handle one's immigration issues strictly according to the applicable laws is the fear of consequences if caught not complying with the law. As we know, these consequences can be severe, including deportation or bans. For those with good jobs, stable families, and clean backgrounds, it's usually not worth the risk to break the law. To that extent anyway, the immigration laws can be viewed as effective.

The only judgment I feel confident in making as to others' situations is that, among those who bypass the U.S. immigration system, some are more foolish than others for doing so.

The OP in this thread, it would seem based on the information provided, acted unwisely (with apparently some encouragement)...adding an element of risk to their future AOS case in order to avoid parting for a few months. Will they escape justice with their fib without future hassles? After having cleared what would seem like the biggest obstacle with this plan (the POE), I would guess more likely than not...and if it plays out favorably it wouldn't seem like such a mistake in hindsight, now would it?

John

robclews

So i am here in the USA from the Uk here for the holiday, i have a 129f about to come in any day, and possibly a mid Jan London interview. If i decided to marry now this minute and not return on Dec29th I could apply for AOS ?

Will that give me any advantages over the route i am following now, will I be able to work quicker this way with an EAD. Or would the route i am taking, the propper way give me the ability to work faster than the current route,

Get your teeth round that one

Rob

robclews

Will that give me any advantages over the route i am following now, will I be able to work quicker this way with an EAD. Or would the route i am taking, the propper way give me the ability to work faster than the current route,

What a load of crap, what i meant to say was will the route i was asking about have any advantages over the current route I am taking. Its the 9" of snow, its numbed my brain, us Limeys aren't used to snow.

L D Jones

robclews wrote:
    >
    > So i am here in the USA from the Uk here for the holiday, i have a 129f
    > about to come in any day, and possibly a mid Jan London interview. If i
    > decided to marry now this minute and not return on Dec29th I could apply
    > for AOS ?

I'm not sure. Since you have a pending I-129 I don't know if it can just
be binned in favor of an I-130

    > Will that give me any advantages over the route i am following now, will
    > I be able to work quicker this way with an EAD. Or would the route i am
    > taking, the propper way give me the ability to work faster than the
    > current route,

I'm no expert but if your K-1 is soon to be approved I think you will
have an EAD more quickly than if you married now and filed I-130, I-485,
etc.

robclews

I intend to leave it as it is, but just was interested to see what the system allowed.