JenniferB

Oppps I meant to say he doesn't speak to the family except the mother.

He left his wife of 15 years to live with some girl he met playing Star Wars Galaxy. His wife is in financial ruin here. He's pushing for a fast divorce but that won't happen and now he's there way past his 90 days. Sooner or later, he'll get in trouble with Immigration -- if he even goes near an airport they'll see how long he's overstayed.

My brother-in-law is the classic example of:

"I don't need a Visa"
"I'm going to play stupid"
"There are ways around the system"
"Every 90 days I'll skip to Canada for the day"
"Opps, $10,000 is wasted on Immigration lawyers who can't help"

and so on....

He thinks he can get away with whatever he wants...

JenniferB

Gosh I have to update this....my BIL has gotten this woman in CT pregnant!

Bet he thinks he can now stay because of this baby....

Duh....

scrubbedexpat099

If he marries the mother and the mother is a USC, yes.

JenniferB

Yeah but he can't. He's married here in the UK and it'll take 8-12 months for a divorce.

The longer he remains in the U.S. illegally (his 90 day WVP is over), the more trouble he'll get into with Immigration. I'm sure they will see he's "overstayed".

scrubbedexpat099

Overstays are forgiven on marriage to a USC>

crg

I'd say that it would not be prudent for someone to remain in the US without status with the intention of eventually getting divorced, then getting remarried, and then filing the paperwork. There is a lot that can go wrong. This person would be on think ice for years before he could even seek forgiveness for the overstay. In the meantime, he's one wrong move from spending a month or more in a US detention center waiting for a flight back to his country with a 10 year ban.

scrubbedexpat099

Totally agree.

I would not.

Many do and it sounds like here is another one.

And odds of being caught are low, assuming you are not too stupid.

JenniferB

I'm surprised...

And doesn't it look bad that he entered the country with the intent to marry and overstayed under the WVP?

He will have to fly back for his divorce because his ex-wife won't do it by mail. So far neither of them has even filed for divorce. So this will be an "overstay" of year or more.

scrubbedexpat099

First he would have to be stupid enough to admit to intent.

He has a strong counter arguement, being already married!

He will not get back in without a waiver, an overstay means no more VWP, probably will not get a B with an overstay, would need anyway to serve the ban, best bet is a K1/K3/CR1, which will be refused due to ban and then his GF will need to file a waiver showing extreme hardship.

Bob

I thought if you were on death doors it could be extended?..about one of the few reasons it's allowed on the B1/2 at least

scrubbedexpat099

I have seen other cases, but we are talking really weird situations.

Those familiar with the Nederland Frozen Dead Guy will know what I mean.

Bob

I think deathdoors is a more likely chance of happening then

Kevin Keane

JenniferB wrote:

    >
    >> Oppps I meant to say he doesn't speak to the family except the mother.
    >> He left his wife of 15 years to live with some girl he met playing
    >> Star Wars Galaxy. His wife is in financial ruin here. He's pushing for
    >> a fast divorce but that won't happen and now he's there way past his
    >> 90 days. Sooner or later, he'll get in trouble with Immigration -- if
    >> he even goes near an airport they'll see how long he's overstayed.
    >> My brother-in-law is the classic example of:
    >> "I don't need a Visa"
    >> "I'm going to play stupid"
    >> "There are ways around the system"
    >> "Every 90 days I'll skip to Canada for the day"
    >> "Opps, $10,000 is wasted on Immigration lawyers who can't help"
    >> and so on....
    >> He thinks he can get away with whatever he wants...
    >
    > Gosh I have to update this....my BIL has gotten this woman in CT
    > pregnant!
    >
    > Bet he thinks he can now stay because of this baby....

No, he can't. The only thing that COULD possibly allow him to stay in the
USA is to marry her (if she is a US citizen). But he can't do that because,
as you say, he is still married, and apparently it will take quite a while
to sort this out.

Instead, he should prepare for a pretty substantial fight. He is on the hook
for alimony, and even if the mother does not go after him, the US
government may if she draws welfare or similar benefits for the child. Him
remaining in the USA without work authorization could be interpreted as him
refusing work to avoid child support - and that could land him in prison.

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.

crg

The 30 day "death's door" type extension was called satisfactory departure. It had to be approved by a district director. However, district directors work for USCIS now and can't authorize it.

JenniferB

Yeah, I bet my BIL didn't even think about "child support" issues.

From what I hear, they both are living with her parents. She has 3 children from a prior marriage but I bet the ex has those kids.

Something tells me he is about to commit "marriage fraud" since they are planning to marry in December (divorced or not).

This should prove to be interesting...