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

Re: brit married on visa waiver, would like some advice!
 

Hi:

Do you want advice from people who have successfully done it [there are many] and/or those who had the thing blow up in their face quite badly by being arrested, detained and put on a plane outside of the US?

YOU are the one who has to weigh the odds of success versus the possibility of really, really bad things happening. Most posters here are familiar with their own case -- a small statistical universe, no?

Both have posted in this forum.

Otherwise, there is a wiki on the procedures if you are "feeling lucky" and you are not worried about the nitroglycerin in the brew.

Peace.

Re: brit married on visa waiver, would like some advice!
 

File your adjustment ASAP before the 23rd would be a good start ;)

Re: brit married on visa waiver, would like some advice!
 

File all these forms ASAP: I-130, I-485, I-765, I-131, I-864, G325A (2 of them... one each) *and* all the supporting evidence for each of these forms. They all get filed together at the same time, to the address listed at www.uscis.gov for the I-485, *and* include a check for $1365. There is a *lot* of documentary evidence that you'll need but you'll need to get it. You should file everything prior to the September 23 deadline for the VWP.

If you prefer a less risky course of action... your husband should file the I-130 (and evidence) now... and you return to the UK and wait until you receive an immigrant visa about 8-10 months from now.

Why is this second course of action less risky? Simply put... if your adjustment of status is denied for any reason whatsoever, you have *no* appeal process at all because you arrived on the VWP. You signed away your rights when you signed the green I-94W.

Ian

Re: brit married on visa waiver, would like some advice!
 

Ian gave you some very good advice. I would like to add that as part of your risk assessment you do a search on the term '10 foot pole' before you make a final decision on which path to pursue.

Re: brit married on visa waiver, would like some advice!
 

ok, thanks for the advice, i am wondering why people are being so dramatic? I realize its a lot of paperwork and stress, and i would like helpful advice on my situation now i don't need '10 foot pole comments'. Thanks Ian for the info on what forms to fill out, that was helpful. Again if people who have gone through this experience could send me some advice on what they went through, that would be lovely,

thanks!

Re: brit married on visa waiver, would like some advice!
 

Your particular question always raises the blood pressure on this board. Don't worry about......but do always ask yourself where folks giving advice are coming from before weighing it up in your own mind.

One of the most important things you need to do is research. You won't learn this stuff in a day....so give yourself some time. Using the term you've already rejected and the services of Google, you'll start this process immediately.

Re: brit married on visa waiver, would like some advice!
 

Brilliant FB :rofl:

Re: brit married on visa waiver, would like some advice!
 

If she chooses to go back to the UK, she would be applying for a spousal visa, not a fiancee visa since she is already married. Not the same thing.

If she chooses to remain here and not return to the UK, she would file for AOS, not a visa. A visa is only required to enter the US.

Re: brit married on visa waiver, would like some advice!
 

That term is commonly used in threads discussing situations similar to yours, I was simply trying to aid you in your information gathering process so you can make an informed decision on which immigration path to ultimately take. You asked for advice, and i gave it to you. It wasn't a comment at all.

Re: brit married on visa waiver, would like some advice!
 

That is a shorthand phrase here; suggest you look at fatbrit's search link.

For the order in which to submit forms, it's laid out in the wiki here.
http://britishexpats.com/wiki/Adjustment_of_Status

Your call for 'advice' is too open ended. The people who wrote that wiki entry all went through the adjustment of status process. You have additional issues to examine.

Re: brit married on visa waiver, would like some advice!
 

thanks for the 10 foot pole explanation! i am spending all today researching, and i appreciate everyones help!

Re: brit married on visa waiver, would like some advice!
 

Hi:

As an immigration lawyer, sometimes I will be retained or consulted regarding what the attorneys in my suite call "janitorial work" -- e.g. cleaning up the mess, one which could have been easily avoided.

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.

Re: brit married on visa waiver, would like some advice!
 

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

Re: brit married on visa waiver, would like some advice!
 

Same reasons as anywhere else ...

Actually, most of the people here aren't bitter and are genuinely trying to help you.

Unfortunately, what they are telling you isn't what you want to hear.

US immigration is a complex subject and, while many people in your situation have successfully applied for adjustment of status, others have not been successful and the resulting mess has often had very significant consequences for those involved.

That having been said, the free advice that you get on an internet discussion forum is often worth exactly what you paid for it.

The decision to get married and immigrate to the US is, I assume, one of the most important decisions of your life so far. If you don't believe what people here are saying you would be well advised to retain the services of an experienced immigration attorney for at least an initial consultation so that they can explain to you what options are available to you in your specific circumstances.

Good luck.