ThaScotneck

Ok i hope i am in the right section.
so i had to wait for money to be transferred from my family in the uk,
i got married last year, my wife didn't like scotland so we moved back to the usa. trouble is i left it late, i came on the esta with a view to aos, but today when i went for the medical i found out i need my records from scotland to show what shots i have had, problem is i have 2 weeks left of my 9o days and i may not have all the information by then,
What happens after the 90 days, can i go to canada for a long weekend and come back or can i inform uscis that i need more time to send in my application,
any help would be appreciated in this

Noorah101

I'm not sure if you knew this, but it's illegal to misrepresent yourself at the US POE as a tourist, if your real intent is to stay in the USA and adjust status to permanent resident. Your AOS could be denied because of this misrepresentation, and you could be removed from the USA, with a ban from returning. Make sure your wife is OK with moving back to Scotland if you intend to go through with AOS.

Interesting. I thought there was a test the doctor could do to see what you'd had done in the past.

If you remain in the USA beyond your 90 days, you will be in an overstay situation. This means you can NEVER use the VWP again, and it means you could have an even more difficult time adjusting status. It's risky enough as it is, after coming in on the VWP with intent, but even more risky to file AOS after a VWP overstay.

No, you can't go to Canada for a long weekend and get a new 90 days upon re-entry to the USA. You will need to go further away than Canada, Mexico, or adjacent islands in order to reset to a new 90 day stay. But, since you are not supposed to enter the USA with the intent to stay, you should not be doing this at all.

Have a consultation with an immigration attorney who can advise you of the problems with what you want to do. My advice is to NOT overstay this visit. Go back to the UK before your 90 days is up. Your wife will file an I-130 to get the ball rolling on your Immigrant Visa process. In about 8 - 10 months, you will get your Immigrant Visa in hand and can then move permanently to the USA. In the meantime, if you do NOT overstay this VWP visit, you can still come to visit the USA while waiting for the Immigrant Visa to process.

Rene

jeffreyhy

Oh my. Here is one of Mr. F's more enlightening posts on the subject:
http://britishexpats.com/forum/showp...21&postcount=9 You can have all the vaccinations you need for immigration, whether or not you've already had some of them. You can go, but you may find that you won't be coming back. And if you are allowed back it may only be for the few remaining days before you hit the original 90th day. Have a consultation with an experienced immigration attorney, without further delay. Regards, JEff

ian-mstm

You realize that was illegal, right? It's illegal to enter the US as a tourist with the intent to stay to adjust status.


If that's what you were told, you were only told a half truth. The doctor can give you a titre test to determine whether or not the antibodies exist and therefore whether or not you've had the required shots. Contact the doctor again and get confirmation of this. The only reason you'd need the records from Scotland is if you didn't want any shots that you might have already had. Since time is a factor here, you might want to simply get the required shots.


If you remain in the US one minute past the 90-day deadline, you can never again use the VWP for travel to the US - never!


No. Canada does not participate in the VWP... and going to Canada, Mexico, or any of the adjacent islands will not reset the 90-day clock.


No - inasmuch as USCIS has no interest in whether or not its regulations are convenient for you or not.

If you're looking for advice, I suggest you do not leave the US under any circumstances whatsoever. If you must have your records from Scotland, send for them, have the medical redone, and file when you're able. Do not leave the US until you have a green card in your hand.

Be aware that having entered the US under the VWP - if your adjustment is denied for any reason whatsoever, there is no appeal process. You signed away any rights you might have had when you entered on the VWP. If AOS is denied, you will become immediately removable from the US - and being married to a USC will not help you at all. You may also get hit with a ban on returning to the US.

Can that happen? Yes! Will it happen to you? Probably not... but this is the chance you took when you entered on the VWP.

Ian

Rete

Very untrue. The forms indicates that if you are a certain age and from a well developed country, then you have already had these vaccinations. You do not have to get them twice.

ThaScotneck

I spoke to uscic people in charlotte and they gave me all the forms i need and said its no problem to do it this way.
it takes to long to do it from the uk and as long as i have applied i can stay until a decision is reached(which is about 6 months) i just need to get the form away before the 90 days is up,
your answers never really helped me at all.
yes the guy apoe gave me hassle that i should have got it first,
what do i do stay with my wife who was very homesick in scotland or be apart for another 9 months, this was the best option we stayed together in scotland and got married, it should be straightforward case for them

jeffreyhy

Point of clarification - it's not relevant that Canada does not participate in the VWP - the OP is not Canadian.

Regards, JEff

jeffreyhy

The case officer who adjudicates your application to adjust status may see things differently, and so might the person(s) who gave you this advice if they were to see your application.

In any case, if those people turn out to be wrong, it's your problem not theirs. You are the one who will be on his way back to Scotland, perhaps for a lot longer than the 8-10 months it may take to get an immigrant visa.

Regards, JEff

ThaScotneck

sorry jeff, i ment noorah's info wasn't really helping me, overstaying seems a better option rather than leaving.
hopefully it doesnt come to that . fedex can save my ass with my records

Noorah101

I'm really sorry you feel that way.

You didn't even find the answers about not needing your medical records from UK helpful? I thought that was extremely helpful....

Rene

ian-mstm

They lied to you... either deliberately, or because they didn't know any better. They are allowed to lie to you.


There is no actual requirement to submit the forms within the 90 days.


Not true - they made you more aware of the consequences of your actions.


That's a hard choice, but it's a choice that many of us have made. You chose the risky path... and that was your choice.


It might be a straight forward case, but it might not. That's the chance you take.

Ian

Noorah101

I'm sorry my post wasn't helpful. I was trying to point out an alternative. Of course it's your choice which way to do things. I was just saying what could happen if your AOS is denied. As long as you know this and are willing to risk it, that's your choice.

Rene

Noorah101

Or better yet, go back to the doctor and have him do a titre test to see what vaccinations you might be missing. And if you're missing any, just get them done then and there. Save the hassle and time of getting your records from the UK.

ene

Trixie_b

What everyone is trying to tell you is that while fedex may come through with the info you need, in the near future, your case will be reviewed by a person who will make a judgement wether you can or can not Adjust status and remain in the US.

You've admitted to us that you came to the US with intent to do that, which is illegal.

Because of your intent, they may decide that you can not adjust status, you will be removed from the country. You will not be allowed back very easily.

If you want to run the risk, good luck to you.

ThaScotneck

ok point taken, he never offered me a test just to give me the vaccines at $60 a pop, i will my doctors tomorrow and get the info i need and get my i know i haven't had my tentnas so i have to get that, the rest are fine, if it was illegal they wouldn't give me the option to do that, i don't see where it is illegal to come here with your wife and adjust status for a visitor, if i got married here it would be illegal, i got married in the uk with the correct visa for my wife, lets just cross my fingers and hope all is well