Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

brit married on visa waiver, would like some advice!

brit married on visa waiver, would like some advice!

Old Sep 12th 2009, 8:52 pm
  #16  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by tess magee
and why would it blow up? how? i don't understand what i have done wrong? i married the man i love. no fraud involved.I had a ticket home, plans made in london etc. If i can prove everything what could blow up?

why are people so bitter on this site
Quite simple because we dont want you coming back in 8 months time telling us the one and only had be sent back cos of some paperwork error ....

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
Ray is offline  
Old Sep 12th 2009, 9:05 pm
  #17  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,358
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by tess magee
ok i would like helpful advice on my situation now i don't need '10 foot pole comments'.
thanks!

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.
Rete is offline  
Old Sep 12th 2009, 9:07 pm
  #18  
BE Enthusiast
 
discoviking's Avatar
 
Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
discoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond repute
Default 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?

Last edited by discoviking; Sep 12th 2009 at 9:12 pm.
discoviking is offline  
Old Sep 12th 2009, 9:07 pm
  #19  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by tess magee
and why would it blow up? how? i don't understand what i have done wrong? i married the man i love. no fraud involved.I had a ticket home, plans made in london etc. If i can prove everything what could blow up?

why are people so bitter on this site
tess, review what MrF said again please (and note his profession, listed in his signature).

Originally Posted by Folinskyinla
Many people have successfully gone from VWP to permanent residence. However, some have not -- and when it blows up, it blows up quite bad -- the explosive strength can be measured in kilotons, if not a megaton or two.
What "could" blow up is your future in the US. There are clearly details you are unaware of, why would you think the replies are a result of us being 'bitter'.? We're pretty much all living in the US or about to be. You asked for advice, we are giving it.

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
meauxna is offline  
Old Sep 13th 2009, 12:35 am
  #20  
All or Nuffin'
 
Archibald_Leach's Avatar
 
Joined: Jan 2008
Location: Longview WA
Posts: 47
Archibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of light
Default 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!
Archibald_Leach is offline  
Old Sep 13th 2009, 12:41 am
  #21  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,358
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default 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.
Rete is offline  
Old Sep 13th 2009, 12:49 am
  #22  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by Archibald_Leach
Before you even bother to fill out forms, you need to check your husbands income to see if he can be your sponsor...
He is her husband... he must be the sponsor. If his finances aren't up to snuff, she will need a joint sponsor... but her husband remains her sponsor.

Ian
ian-mstm is offline  
Old Sep 13th 2009, 12:55 am
  #23  
BE Enthusiast
 
Joined: Jul 2009
Location: Virginia
Posts: 475
YouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond reputeYouWantFriesWithThat has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by Rete
... Tess' has expired and that might well mean that since she is in overstay, she will be denied adjustment.....
As far I could tell, Tess's 90 days expires on the 23rd September, so she isn't in overstay right now.
YouWantFriesWithThat is offline  
Old Sep 13th 2009, 1:12 am
  #24  
All or Nuffin'
 
Archibald_Leach's Avatar
 
Joined: Jan 2008
Location: Longview WA
Posts: 47
Archibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of light
Default 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.
Archibald_Leach is offline  
Old Sep 13th 2009, 1:58 am
  #25  
Forum Regular
 
Joined: Mar 2009
Location: yorkshire
Posts: 67
muni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to allmuni is a name known to all
Default 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.
muni is offline  
Old Sep 13th 2009, 2:35 am
  #26  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by tess magee
and why would it blow up? how? i don't understand what i have done wrong? i married the man i love. no fraud involved.I had a ticket home, plans made in london etc. If i can prove everything what could blow up?

why are people so bitter on this site
Hi Tess:

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.
Folinskyinla is offline  
Old Sep 13th 2009, 6:16 pm
  #27  
BE Enthusiast
 
Joined: Jun 2009
Posts: 312
crosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud ofcrosscountryrider has much to be proud of
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by tess magee
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
Hello Tess,

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.
crosscountryrider is offline  
Old Sep 13th 2009, 6:28 pm
  #28  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

Originally Posted by crosscountryrider
is absolutely important that you file within your 90 days of VWP stay means until the 23rd of September.
File or LEAVE before the 23rd are still both options on the table, I believe. The sensible way to make that determination is a skeleton check followed by an assessment of the risks.

But the 23rd is certainly a looming deadline it would be foolish to miss.
fatbrit is offline  
Old Sep 15th 2009, 11:08 am
  #29  
BE Enthusiast
 
Madelina's Avatar
 
Joined: Jun 2009
Location: North Georgia (from Hertfordshire)
Posts: 354
Madelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond reputeMadelina has a reputation beyond repute
Default Re: brit married on visa waiver, would like some advice!

nothing to add but a hearty good luck tess
Madelina is offline  
Old Sep 17th 2009, 9:05 pm
  #30  
Goooner!
 
Pipmeister's Avatar
 
Joined: Oct 2008
Location: Essex, UK
Posts: 235
Pipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to allPipmeister is a name known to all
Default 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.....

:-)
Pipmeister is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.