brit married on visa waiver, would like some advice!
#16
Re: brit married on visa waiver, would like some advice!
It you read the official sites ..and the methods they approve you wont find your method.... guess why?????
we would rather he left on time ..you filled in the paperwork ..everybody sleeps well... and he returned with a nice green card to hand ...
Remember he is fair game for picking up after the 24th
#17
Re: brit married on visa waiver, would like some advice!
Tess, does that mean you are already familiar with the 'ten foot pole' issue?
What it comes down to is your intent at the POE and what was asked and what you replied.
Why not have a one time consultation with an immigration attorney.
#18
Re: brit married on visa waiver, would like some advice!
You have it backwards, Ray - she is the UK citizen who entered under the VWP. The boyfriend now turned husband is presumably a US Citizen, although in rereading the thread, I don't see anything regarding hubby's status.
Which begs a question for Tess: Is your boyfriend turned husband a US citizen? If not, what is his immigration status?
Which begs a question for Tess: Is your boyfriend turned husband a US citizen? If not, what is his immigration status?
Last edited by discoviking; Sep 12th 2009 at 9:12 pm.
#19
Re: brit married on visa waiver, would like some advice!
Please review this thread; read the opening posts carefully. Hopefully you will start to see what "could" blow up.
If people are telling you 'caution, caution' about something they know about and you don't, don't you think it's a good idea to pay attention and wonder why, without assuming/accusing us of being 'bitter'?
New VWP + AOS information/discussion
#20
Re: brit married on visa waiver, would like some advice!
To the original poster:
I successfully managed to adjust my status whilst on the VWP through marriage. Was it easy? NO, the reason I say this is because I was ignorant of the possible outcomes when I first started the process, I, like you, thought it would be a simple 'rubber stamp' procedure - after all, my wife and I were obviously in love, and no immigration officer is going to deny his fellow American citizen the right to be with her husband.... Then I found this board.
After you have done all the paperwork, sent them your money, you will have a period of waiting, in my case it was 7 months-ish, and then you will attend an interview - your future depends on the outcome of that interview and if the interviewing officer has had a bad day, bad cup of coffee, bad headache, he/she can have you removed on the spot, locked up, and returned to the UK. You have no right of appeal. True this only happens in a very small number of cases, but you will have several months to worry about this, and you'll see the odd case on this board, your other half probably wont understand your concern.
I was fortunate, the interview went very smoothly.
I wouldn't try and stop you following your course of action, but I would ask your husband, 'If this goes arse over tit - are you willing to move to England'?
It was the only question I asked my wife
There are members here who waited years to be with their partner, because they followed the rules, they refer to the method you are using as the visa express, however, they always help, just dont be so surprised if they raise warnings, they dont know what your intent was when you arrived on VWP, and they get many questions similar to yours.
Before you even bother to fill out forms, you need to check your husbands income to see if he can be your sponsor, if it isnt enough you need to have in place someone who can sponsor you for the difference.
Good Luck!
I successfully managed to adjust my status whilst on the VWP through marriage. Was it easy? NO, the reason I say this is because I was ignorant of the possible outcomes when I first started the process, I, like you, thought it would be a simple 'rubber stamp' procedure - after all, my wife and I were obviously in love, and no immigration officer is going to deny his fellow American citizen the right to be with her husband.... Then I found this board.
After you have done all the paperwork, sent them your money, you will have a period of waiting, in my case it was 7 months-ish, and then you will attend an interview - your future depends on the outcome of that interview and if the interviewing officer has had a bad day, bad cup of coffee, bad headache, he/she can have you removed on the spot, locked up, and returned to the UK. You have no right of appeal. True this only happens in a very small number of cases, but you will have several months to worry about this, and you'll see the odd case on this board, your other half probably wont understand your concern.
I was fortunate, the interview went very smoothly.
I wouldn't try and stop you following your course of action, but I would ask your husband, 'If this goes arse over tit - are you willing to move to England'?
It was the only question I asked my wife
There are members here who waited years to be with their partner, because they followed the rules, they refer to the method you are using as the visa express, however, they always help, just dont be so surprised if they raise warnings, they dont know what your intent was when you arrived on VWP, and they get many questions similar to yours.
Before you even bother to fill out forms, you need to check your husbands income to see if he can be your sponsor, if it isnt enough you need to have in place someone who can sponsor you for the difference.
Good Luck!
#21
Re: brit married on visa waiver, would like some advice!
Archie
Times have changed and USCIS is cracking down on VWP marriages and adjustments. It is relatively new and not a frequent occurrence, at least at we know of, but there are indications that those who marry and stay to file show do so before their VWP entry expires. Tess' has expired and that might well mean that since she is in overstay, she will be denied adjustment. Am I 100% certain this will happen? Of course not but read the link that was provided by Meauxna.
Times have changed and USCIS is cracking down on VWP marriages and adjustments. It is relatively new and not a frequent occurrence, at least at we know of, but there are indications that those who marry and stay to file show do so before their VWP entry expires. Tess' has expired and that might well mean that since she is in overstay, she will be denied adjustment. Am I 100% certain this will happen? Of course not but read the link that was provided by Meauxna.
#22
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: brit married on visa waiver, would like some advice!
Ian
#24
Re: brit married on visa waiver, would like some advice!
Rete. It's funny you mention Meauxna's link, as that discussion happened about a month or two before my interview, and my interview went very smoothly.
I am just adding my personal experience, that's all, and in my experience - even with the smooth interview the whole process put stresses on the relationship, (even with my cavalier approach to life) that is all I wanted to convey to Tess.
I do visit the board quite frequently and haven't noticed an increase in horror stories concerning AOS on VWP.
Tess, what it comes down to is that little piece of card you signed on the plane, it states you agree to be removed with no recourse to an immigration judge, or words to that effect, this means that the interviewing officer can have all the proof in the world that you had no intention of staying and adjusting and can still deny your adjustment. I leave the possibility of this happening to others on the board.
I am just adding my personal experience, that's all, and in my experience - even with the smooth interview the whole process put stresses on the relationship, (even with my cavalier approach to life) that is all I wanted to convey to Tess.
I do visit the board quite frequently and haven't noticed an increase in horror stories concerning AOS on VWP.
Tess, what it comes down to is that little piece of card you signed on the plane, it states you agree to be removed with no recourse to an immigration judge, or words to that effect, this means that the interviewing officer can have all the proof in the world that you had no intention of staying and adjusting and can still deny your adjustment. I leave the possibility of this happening to others on the board.
#25
Forum Regular
Joined: Mar 2009
Location: yorkshire
Posts: 67
Re: brit married on visa waiver, would like some advice!
Think it through very,very carefully, our attorney at the time advised us to go through this route!!!!!!!!! but we thought better of it.
I returned to the UK after we got engaged, we are now maried and i am back in the USA.
For some it works and for others well they are not so lucky, good luck in whatever you decide to do.
I returned to the UK after we got engaged, we are now maried and i am back in the USA.
For some it works and for others well they are not so lucky, good luck in whatever you decide to do.
#26
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: brit married on visa waiver, would like some advice!
No one here is "bitter." You are in love and just got married -- a delightful place to be.
You have done nothing "wrong." However, the fine print on the back of the green I-94W is part of an agreement that you would depart the United States within 90 days. For understandable reasons, you now desire to remain here rather than leaving within 90 days.
What can go wrong? OK, I believe you that you changed your mind when you came here. But what if the CIS DAO thinks you have every intention of staying here which then means that your insistence that you changed your mind is a lie and therefore you committed fraud. Now, this happens to be wrong as a matter of law -- but guess what you would be able to do about it? Not much. Although I have professional detachment, I just hate the situation where I confront that and am powerless to do anything about it.
The choice is yours. No one has contested that. However, there is a risk.
#27
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Joined: Jun 2009
Posts: 312
Re: brit married on visa waiver, would like some advice!
hi everybody,
I would like a little friendly help. I am visiting on a visa waiver and was due to fly on wednesday evening just past, to return on a student visa in January, when my boyfriend and i on the tuesday evening decided that we did not want to be without each other, so the next morning we got hitched at city hall! i am so happy! well now, i have read so much on the internet about my next step regarding adjustment of status, but i am not quite clear in which order to do all the forms, the i130 first? and is there a time frame before doing my first form? my visa waiver expires september 23rd, must i file one form before that date?
I really would like some advice from any one who has gone down this route,
Many thanks
tessa
I would like a little friendly help. I am visiting on a visa waiver and was due to fly on wednesday evening just past, to return on a student visa in January, when my boyfriend and i on the tuesday evening decided that we did not want to be without each other, so the next morning we got hitched at city hall! i am so happy! well now, i have read so much on the internet about my next step regarding adjustment of status, but i am not quite clear in which order to do all the forms, the i130 first? and is there a time frame before doing my first form? my visa waiver expires september 23rd, must i file one form before that date?
I really would like some advice from any one who has gone down this route,
Many thanks
tessa
is absolutely important that you file within your 90 days of VWP stay means until the 23rd of September. This means you will need to send you paperwork at latest by the 22nd of September per FEDEX or any over overnight .
I took the same route (see my thread) sucessfully. I also hired a experienced attorney for some advise and quality assurance.
This was a real good choice ! At least you will get advise axs a paying customer.
Why do you need to file before the 23rd of September- Overstay is something the USCIS doesn't like. There have been cases where a AOS was denied becasue of the overstay.
However this doesn't need to apply for your case.
But why do want to add addition al risks. If you do everything by the book
and you are willing to take the risk of "no appeal " in case of denail you can adjust from VWP.
But you will need to start your paperwork today to file in time.
Good luck and you will be fine.
CCR
P.S
I wouldn't do it again. It's stressful to know that you have only one shot.
But I also don't want to get married again hence I don't need to file AOS again :-)
Last edited by crosscountryrider; Sep 13th 2009 at 6:25 pm.
#28
Re: brit married on visa waiver, would like some advice!
But the 23rd is certainly a looming deadline it would be foolish to miss.
#29
Re: brit married on visa waiver, would like some advice!
nothing to add but a hearty good luck tess
#30
Re: brit married on visa waiver, would like some advice!
Hi Tess,
I guess one of the key questions to ask yourself is can you get hold of all the required copies of documents you need by the 22nd - presumably you didn't come to the US with your birth certificate in your luggage (and presumably you haven't been divorced or you need your copies of your decree as well). You also need to get the medical sorted out and any shots taken (or again provide evidence you have had these in the UK, meaning a quick fax from your doctor in the UK). And there is the question of the $1365 you have to pay right now, if it wasn't budgeted for it's not a cheap expense to find quickly. Your husband also needs to get an official letter from his employers and depending on if they have internal HR dept. or use an external HR Company this too can take a couple of days to arrange.
I have just recently filed my AOS (although for a different reason as I was over here legitimately on an H1B Visa but got laid off). All in all it took about 10 days to get all the forms filled in, get the medical and wait for the results (2 days), photo-copying, letters from employers etc.
All this whilst losing my job and trying to debate about transferring my H1B so I could still work.
I have to say that credit goes to the very helpful folks on this board who guided me through all the options.
Consider this though - it's only 4 months until you will be back in the US on your student visa - is 4 months really that long to wait? And yes, I had been in two long distance relationships - both spanning several years - in fact my wife and I got married in March after spending 2.5 years of transatlantic difficulties. Probably why I haven't a problem so far as I have had my passport stamped a total of 15 times during that period.
Just pause, take a deep breath and think this - you have your whole lives ahead of you - what is another 4 months.....
:-)
I guess one of the key questions to ask yourself is can you get hold of all the required copies of documents you need by the 22nd - presumably you didn't come to the US with your birth certificate in your luggage (and presumably you haven't been divorced or you need your copies of your decree as well). You also need to get the medical sorted out and any shots taken (or again provide evidence you have had these in the UK, meaning a quick fax from your doctor in the UK). And there is the question of the $1365 you have to pay right now, if it wasn't budgeted for it's not a cheap expense to find quickly. Your husband also needs to get an official letter from his employers and depending on if they have internal HR dept. or use an external HR Company this too can take a couple of days to arrange.
I have just recently filed my AOS (although for a different reason as I was over here legitimately on an H1B Visa but got laid off). All in all it took about 10 days to get all the forms filled in, get the medical and wait for the results (2 days), photo-copying, letters from employers etc.
All this whilst losing my job and trying to debate about transferring my H1B so I could still work.
I have to say that credit goes to the very helpful folks on this board who guided me through all the options.
Consider this though - it's only 4 months until you will be back in the US on your student visa - is 4 months really that long to wait? And yes, I had been in two long distance relationships - both spanning several years - in fact my wife and I got married in March after spending 2.5 years of transatlantic difficulties. Probably why I haven't a problem so far as I have had my passport stamped a total of 15 times during that period.
Just pause, take a deep breath and think this - you have your whole lives ahead of you - what is another 4 months.....
:-)