merz

Hi there,

I am having a little trouble trying to decide how and when to go and marry my American hubby, hope you guys can help me decide.

I live in London with my daughter (19) and hubby lives in Florida with his kids.
We have been back and forth for nearly 5 years.

We had a Humanist ceremony in June 2006 in US, but didn't file any legals because I was not ready to move at that time...so he is my Hubby

We are working towards me moving over with my daughter in early 2010 before she is 21. (after her Uni finals)

However we really wanted to get (legally) married in US in Sept 2009, (long story)
Problem is that I would want to leave US to go back to UK within a week of the marriage.

From what I can see, I would need an advance parole before I leave the US or it voids the K-1 visa I came in on. And it seems that it takes 2-3 months.
So....any advice/exceptions you clever guys can offer?
I really appreciate any ideas, thank you.


Merz

Noorah101

I'm a little confused. Are you or are you not legally married right now? You say you are...but then you say you filed no paperwork. I am not sure what a Humanist ceremony is.

If you ARE legally married now, you can't do a K-1 anyway.

If you have a certified copy of your marriage certificate, you can start the I-130 process right now. I'm guessing you don't, though, since you say you never "filed any legals". I am not sure what that means.

However, to answer your question, assuming you get a K-1 visa, you are correct, you cannot leave and return to the USA again until you have Advance Parole (AP) in hand, and this can take around 60 days to receive, after you get married and file AOS.

You can always come over on the VWP (if you qualify to use it), get legally married in the USA now, then start the I-130 process. That way, once you enter the USA using the immigrant visa, you are free to leave the USA a week later with no negative consequences.

Rene

Folinskyinla

Rene:

Very good point. What constitutes a marriage is determined under the law of the place of "celebration." And what is the place of "celebration" is not always that easy to determine. We don't have anywhere enough facts to answer her questions.

Also, the law allows for proxy marriages if the marriage is later "consumated."

This question might be the basis of a good law school examination question.

The "CSPA" legislation might help her.

merz

Hi sorry I was a bit unclear.
We married in an unrecognised ceremony a bit like a blessing but non-religious. I only mentioned it as we exchanged rings and were 'married' therefore I call him my husband..

We did not file any paperwork as we were unsure as to our timeline and plans....it was more for 'us'.

I was not aware I could get married on a VWP, but will look into that as it may be the answer. I suppose it is a similar process just the other way around.
The K-1 seems to be for those intending to come with the intention of marrying and staying straight away, so may be the wrong one for what I need.

Thanks Rene, this gives me more to think about.

merz

Hmm, I believe the Celebrant who performed the ceremony is now deceased but I have paperwork from him. would it be helpful?

Although...we do want to have another ceremony (we invited only the kids to the last one)

What is the CSPA legslation?


Thanks again, I bloody love the internet

Noorah101

Child Status Protection Act. Try www.google.com.

Rene

merz

Brilliant, just checked it out. That was bit of a worry as her exams are in June and she turns 21 in July. We were trying to squeeze everything ino a very short space of time.

Thanks again
Merz

meauxna

But you two did not marry before your daughter turned 18? How will your USC petition her?

Rete

The problem is that you did not marry before your daughter was 18. Hopefully this issue will be picked up by the experts.

merz

Thank you all for your comments...I was under the impression that as long as we married before my daughter was 21 it counted as her being (my) dependant.

I think we may need a consultation with a professional.

Sure there is a way around it, any other advice is really appreciated.



Merz

BritishGuy36

You are, are you?

You should never presume any such thing with organisations such as DHS/USCIS involved. Remember that the US is the hardest country in the world to get into legally. They don't want or need you. One thing to make clear is that you are NOT married at this time, you may call him 'hubby' but he is not recognised as such in law, nor should you refer to him as such on ANY immigration paperwork - otherwise you're going down a complicated road that you won't enjoy. It also doesn't help people in thos forum who are trying to help you - so you would be best to refer to him as he is in law, your fiance, from here on in.

According to my understanding of how it works, I think you're a bit stuffed with the 19 year old.....you missed the boat on that one.

Rete

No, she has to be a step daughter in order to immigrate with you. If the marriage occurs when she is 18 or over then she is not considered a stepdaughter and your USC husband cannot petition for her. BTW there is no dependency category for relatives of a USC immigrating to the US. Each member of the family must have a separate I-130.

You are the one who will have to do so after you have become a US Permanent Resident and then there is a wait for her number to become current in the quota system.

merz

[QUOTE=BritishGuy36;6857479]You are, are you? QUOTE]

Yes, thats me the eternal optimistic! haha...
Well thats stuffing me a bit.

I hear what you are saying about calling him my Husband and shall stop immediately

Possibly thinking now about marrying in UK or Ireland (saves the enormous Irish family flying out) ...but still very concerned about what will happen with my daughter if I have to be over in US for a long time before I can apply for her. ...yes she is still a Mummys girl.

Hubby...er fiance/bf/lover has an appointment with an immigration lawyer on Tuesday so hoping her can set it all out a bit clearer for us.

Have learned a lot these past few days, thanks.

meauxna

BG makes a really good point here; plenty of people have been undone by their casual use of husband/wife when they are not legally married. Not only just in forms or paperwork, but any oral declarations too. No hubby til you've got a certificate from a legal authority!
(how romantic!)

We're talking a possible 8-10+ year wait; the visa bulletin will help explain it (these numbers change frequently but you'll never know how many people are in line ahead of you.)
VISA BULLETIN FOR OCTOBER 2008

The more you understand before your lawyer meeting, the more profitable the time spent will be.

merz

Wow, 8-10 years! I would have started this earlier, but my daughter has only recently decided she would like to come over with me. (teenager stubborness, didn't want to leave boyfriends/friends etc)

She wants to continue her education after Uni, to train as a teacher, and was going to do her teacher training. Does it seem likely that she will be able to get a student visa at least to continue her teacher training in US?


You are right, I have a huge list of questions for the lawyer.

Also having a stress attack!!

Thank you all again,

Merz