Wife came without visa, have baby- help!
Dec 10th 2002, 7:31 am
#16
Forum Regular
Joined: Jul 2002
Location: Kentucky
Posts: 42
Re: Wife came without visa, have baby- help!
With all due respect, I don't see why you should be so harsh on this young folks. I agree that we cannot condone lying, but with the advice given to them by the woman in England prior to their entry into the United States, I can't see how you can treat them as if they had evil intent to break the law, when they probably didn't understand all the implications they had down the road after receiving this bad advice.
Things were happening to them in a whirlwind kind of way; they sought advice and were not informed of all the ins, outs, and implications of their hasty trip.
They came for help, not scourging. There are nicer ways to say what you've said. They're young, poor, and trying to make a life with a baby.
Just my opinion.
I encourage ALL people seeking advice to follow the rules, but for those who didn't know better, let's try not to throw stones at them! Also my opinion
Camerican
Things were happening to them in a whirlwind kind of way; they sought advice and were not informed of all the ins, outs, and implications of their hasty trip.
They came for help, not scourging. There are nicer ways to say what you've said. They're young, poor, and trying to make a life with a baby.
Just my opinion.
I encourage ALL people seeking advice to follow the rules, but for those who didn't know better, let's try not to throw stones at them! Also my opinion
Camerican
Originally posted by 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.
> >
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.
> >
