Help Me Please!!!!!!
Jan 27th 2005, 6:49 am
#1
Forum Regular
Thread Starter
Joined: Jan 2005
Location: Spokane, wa.
Posts: 42
Help Me Please!!!!!!
hi,im posting off my girlfriends name,my name is dazz...anyway...i need some help as im really at a loss here.right...my girlfriend rose5 is a us citizen and im a british citizen...im over here in the us to be with her for a month,the thing is we were both wondering what i have to do to stay in the country as theres a very strong possibilty she could be pregnant and i couldnt bear leaving her again.we both have the finacial support of her parents and have been toying with the idea of getting married,but we both obviously have worries about what could happen to us both if we go ahead and do it,i dont want to ruin any chance of being able to come back over as i couldnt bear to be without her.....so can anyone give me some advice,is there a way we can just go ahead and get married?any advice is appreciated.
thankyou,
dazz
thankyou,
dazz
Jan 27th 2005, 7:13 am
#2
Just Joined
Joined: Oct 2004
Posts: 11
Re: Help Me Please!!!!!!
Yes, you can get married and file for adjustment of status. However, since you came in for a month, you might be accused of entering for the intent of marrying, which will not bode well with USCIS. However, since a child is possibly involved, you would get away with it.
If you do marry while you are here, you cannot leave until you are granted Advance Parole.
If you do marry while you are here, you cannot leave until you are granted Advance Parole.
Jan 27th 2005, 9:46 am
#3
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Joined: Apr 2001
Posts: 46,391
Re: Help Me Please!!!!!!
Hi Dazz
So you are Rose's bf from the UK. Rose if I remember correctly is the young lady who is hearing impaired and was denied entrance into the UK to visit with you.
Congratulations on the pregnancy. Yes, if you had no intent to marry when you entered the US and if asked to prove this can do so, then you can marry and remain here to adjust status based on your marriage to a US citizen. Sparks was incorrect in her statement that you should not use advance parole after you filed for adjustment. As long as your overstay, if you ever accrue any is less than 180 days you can "safely" travel outside the US and return. You are eligible to apply for that through I-131 based on your filing for adjustment. I would suggest that you read the faq www.visajourney.com for information on adjustment status from a tourist visa and/or VWP which you used to enter the US. Also there is a forum here set up just for marriage-based visa questions. Posting there will be beneficial.
Rete
So you are Rose's bf from the UK. Rose if I remember correctly is the young lady who is hearing impaired and was denied entrance into the UK to visit with you.
Congratulations on the pregnancy. Yes, if you had no intent to marry when you entered the US and if asked to prove this can do so, then you can marry and remain here to adjust status based on your marriage to a US citizen. Sparks was incorrect in her statement that you should not use advance parole after you filed for adjustment. As long as your overstay, if you ever accrue any is less than 180 days you can "safely" travel outside the US and return. You are eligible to apply for that through I-131 based on your filing for adjustment. I would suggest that you read the faq www.visajourney.com for information on adjustment status from a tourist visa and/or VWP which you used to enter the US. Also there is a forum here set up just for marriage-based visa questions. Posting there will be beneficial.
Rete
Originally Posted by Rose5
hi,im posting off my girlfriends name,my name is dazz...anyway...i need some help as im really at a loss here.right...my girlfriend rose5 is a us citizen and im a british citizen...im over here in the us to be with her for a month,the thing is we were both wondering what i have to do to stay in the country as theres a very strong possibilty she could be pregnant and i couldnt bear leaving her again.we both have the finacial support of her parents and have been toying with the idea of getting married,but we both obviously have worries about what could happen to us both if we go ahead and do it,i dont want to ruin any chance of being able to come back over as i couldnt bear to be without her.....so can anyone give me some advice,is there a way we can just go ahead and get married?any advice is appreciated.
thankyou,
dazz
thankyou,
dazz
Jan 27th 2005, 5:30 pm
#4
Just Joined
Joined: Oct 2004
Posts: 11
Re: Help Me Please!!!!!!
Originally Posted by Rete
Hi Dazz
Sparks was incorrect in her statement that you should not use advance parole after you filed for adjustment. As long as your overstay, if you ever accrue any is less than 180 days you can "safely" travel outside the US and return. You are eligible to apply for that through I-131 based on your filing for adjustment.
Rete
Sparks was incorrect in her statement that you should not use advance parole after you filed for adjustment. As long as your overstay, if you ever accrue any is less than 180 days you can "safely" travel outside the US and return. You are eligible to apply for that through I-131 based on your filing for adjustment.
Rete
It is never a good idea to leave until AP has been granted.
Also, any overstay even if less than 180 days can be risky upon re-entry. It's up to the officer at the border. If he gets one who is having a bad day, he could be returned back to the UK.
Jan 27th 2005, 6:43 pm
#5
Forum Regular
Joined: Mar 2004
Location: Folkestone in Kent to Chicago
Posts: 147
Re: Help Me Please!!!!!!
Before you get married though, check your legal position with an immigration attorney. If your future wife's parents are willing to finance you then hopefully they will help pay your attorney fees. Do your homework though, get a good one, who really knows what he's talking about. It's the only way you will get true piece of mind, but from what the other replies are saying, at least have a good chance, in securing your stay. Good Luck !!
Jan 27th 2005, 8:16 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Help Me Please!!!!!!
I did; my apologies.
Originally Posted by sparksals
I think you misread my post. I advised Dazz not to leave the country until he is granted AP after he files AOS. I didn't advise him not to apply for it or use it after he gets it. If he leaves without it and tries to return, he can be denied entry because he does not have the proper visa or status from AOS. The customs official upon entry will ask him his marital status (I think it's on the entry card) and he will say he's married. If they find out he's a UK citizen who married a USC without any visa etc., he could be turned around at the border.
It is never a good idea to leave until AP has been granted.
Also, any overstay even if less than 180 days can be risky upon re-entry. It's up to the officer at the border. If he gets one who is having a bad day, he could be returned back to the UK.
It is never a good idea to leave until AP has been granted.
Also, any overstay even if less than 180 days can be risky upon re-entry. It's up to the officer at the border. If he gets one who is having a bad day, he could be returned back to the UK.
Jan 27th 2005, 8:20 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Help Me Please!!!!!!
Originally Posted by UKintheUSA
I don't know if this is GOSPEL, but I have heard that if you do get married while on VWP that you need to WAIT until AFTER 60 odds days? Maybe Rete can jump in here and clarify this.
Be prepared for all the HASSLES that go along with having to dissolve everything back home from here. It has been a nightmare for my husband as he came here to help me move from my house and was only planning on being here for a few months. You get thru it, but there have been days that we have looked at each other and said "why did we do it THIS WAY?" But we are together and happy and that's all that matters. The rest of the stuff is just "stuff" that needs to be dealt with. Also, plan on being VERY broke until you can get your EAD card that allows you to work. It comes approximately 60-90 days AFTER you file all the paperwork. We were lucky and Garry got his quickly. Guess God thought we had been thru enough and decided to give us a break!
Best of Luck to you. And...get an Immigration Lawyer. Where are you located? Maybe someone can recommend one to you.
Debs
Best of Luck to you. And...get an Immigration Lawyer. Where are you located? Maybe someone can recommend one to you.
Debs
Jan 27th 2005, 9:41 pm
#8
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Thread Starter
Joined: Jan 2005
Location: Spokane, wa.
Posts: 42
Re: Help Me Please!!!!!!
Originally Posted by Rete
Not true. There was the bogus 30-90 day numbers running around for a while but they were in connection with the US Consulate and not the USCIS. Mr. Folinsky has tried over the years to put this urban legend to rest but it keeps coming up.
dazz
Jan 27th 2005, 10:02 pm
#9
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Joined: Apr 2001
Posts: 46,391
Re: Help Me Please!!!!!!
Originally Posted by Rose5
im in spokane wa,can you recommend a good immigration lawyer and would we be able to go straight to the courthouse and get married?also what else would we need to do,i mean i dont want to miss something out!!!thankyou for your help btw.
dazz
dazz
I know of only one attorney on the west coast that does marriage-based visas. This is his URL. He will do a consultation by phone if you mention that you got his name from the british expats forum.
http://members.aol.com/MDUdall/index.htm
You can read the section on his site entitled "Spousal Visa and Green Card"
Rita
