help please, my 90 days is almost up
#1
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Joined: Jun 2013
Posts: 12
help please, my 90 days is almost up
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
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
#2
Re: help please, my 90 days is almost up
... 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,
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,
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
#3
Re: help please, my 90 days is almost up
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
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.
#4
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: help please, my 90 days is almost up
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
... but today when i went for the medical i found out i need my records from scotland to show what shots i have had...
What happens after the 90 days...
... can i go to canada for a long weekend and come back...
... can i inform uscis that i need more time to send in my application...
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
#5
Re: help please, my 90 days is almost up
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
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
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.
#6
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Joined: Jun 2013
Posts: 12
Re: help please, my 90 days is almost up
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
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
#7
Re: help please, my 90 days is almost up
Point of clarification - it's not relevant that Canada does not participate in the VWP - the OP is not Canadian.
Regards, JEff
Regards, JEff
#8
Re: help please, my 90 days is almost up
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
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
#9
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Joined: Jun 2013
Posts: 12
Re: help please, my 90 days is almost up
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
hopefully it doesnt come to that . fedex can save my ass with my records
#11
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: help please, my 90 days is almost up
i just need to get the form away before the 90 days is up
your answers never really helped me at all.
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
Ian
#12
Re: help please, my 90 days is almost up
Rene
#13
Re: help please, my 90 days is almost up
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
ene
#14
Re: help please, my 90 days is almost up
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.
#15
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Joined: Jun 2013
Posts: 12
Re: help please, my 90 days is almost up
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