ThaScotneck

Ian i have to post the forms before my 90 days or i am here illegally, they wont remove me while my visa is getting processed, i am only legally here for 90 days poe and homeland security told me this

ian-mstm

With respect, that's faulty logic. It's also illegal to kill someone, but you still have the option to do it.


With respect, you haven't looked hard enough.


No, it wouldn't. It's perfectly legal to enter the US as a visitor and get married. The illegal part, is entering as a tourist with the intent to stay to adjust status.

Ian

ian-mstm

No you don't... and no you won't be! You entered the US legally... you aren't here illegally. You might be out of status, but that's not the same thing as being in the US illegally.


True - because you are allowed to remain in the US under "color of law" until such time as your I-485 is adjudicated.


Either you misunderstood what was said, or the officer deliberately lied to you. See above: "illegal" is not the same as "out of status".

Ian

Trixie_b

And discuss with your wife that if it all goes horribly wrong and you are deported where you'll live, if she will put up with home sickness in scotland, you move to mexico (or somewhere else)

Also, because you're already married and are trying to adjust, it sort of makes it more obvious that you entered the country with the specific purpose to adjust. It looks worse!

you also signed away your right of appeal when you entered on the VWP.

ThaScotneck

so any idea what the penalty is for being out of status?
my parents in scotland are old so if one dies i need to go back quick and be able to come back(which i am also applying for) the right to travel

ian-mstm

Largely, there is no penalty... that's the beauty of it!


Be aware that if you leave the US prior to receiving travel permission (known as Advance Parole), your application to adjust status will automatically be deemed abandoned, and you'll be stuck outside the US with no way back in. You'll need to start over again with a spouse visa - and it'll take 8-10 months to get.

Ian

sir_eccles

As you came in on the VWP the ultimate penalty would be getting thrown out of the country and never allowed back in.

Just out of curiosity when you entered the country almost 90 days ago what did you say your purpose of visit was?

jeffreyhy

Where and when you got married has nothing to do with it.

US immigration law says that a person who enters the USA as a nonimmigrant cannot then adjust status to Permanent Resident UNLESS (the emphasis is mine) the person did not intend to adjust status at the time they entered, but rather changed their mind after entry. It's clear from your posts that the "unless" does not apply to you - you wrote in your opening post that you entered as a nonimmigrant with the express intention of adjusting status once you were granted entry.

If you misrepresented your intentions when you were inspected by CBP when you entered (sir_eccles question to you), you may have a bigger problem than simply being denied adjustment of status. You would have made a material misrepresentation, which could cause you to be removed from the USA and be barred from returning ever - much longer than the 8-10 months it would take you to return if you leave promptly and apply for an immigrant visa.

Regards, JEff

Trixie_b

Good post!

ThaScotneck

so do it within the 90 days if poss, if it's late just dont worry and do it soon as poss, sounds like a plan, either way i get a visa here or i return to scotland and try from there if i fail.
other option is become a mexican and i will be fine, my skin colour might give me away, im very very white

ThaScotneck

I said i was planning to adjust to a permanent resident, the guy said you should have done it before you left, i said well it was easier and quicker to do it here
. he replyed ok this is the date your allowed here until, make sure you apply for it before that date, then i went to the offices in charlotte and got handed all the forms and told what to do and to do it before my 90 days where up, THE WOMAN WORKED THERE FOR LAST 25 YEARS she knows what she is doing, unlike the idiots on the phone

jeffreyhy

It depends on how long you are out of status. If more than 180 days but less than 1 year, you are barred from entering the USA for a period of 3 years after you leave. If more than 1 year, you are barred from entering the USA for a period of 10 years after you leave.

For the spouse of a US citizen there is a possibility that the bar could be waived if it causes a severe hardship for the US citizen spouse. "I love my husband and it's killing me" is not a severe hardship. "I have terminal cancer and my doctors have told me I have only 6 more months to live" probably is a severe hardship.

Regards, JEff

jeffreyhy

No, you do not - can not - "get a visa here". You can adjust status here, or you can get an immigrant visa in Scotland. Same end result, but two very different processes.

Regards, JEff

jeffreyhy

He was wrong, he should have denied you entry. However, it does appear that you've dodged the material misrepresentation bullet. She also gave you misinformation, although it may have been based on not fully understanding all of the details of what you're proposing to do. As a practical matter, most people who do this are succesful, but there have been an unfortunate few who have not been successful and who have suffered the dire consequences that poster here, including myself, have told you about. I suggest that you have a consultation with a US immigration attorney ASAP, before you submit your I-485 and before your 90-day stay ends.

Regards, JEff

ThaScotneck

ok thank you for your help everyone, now im slightly more stressed about it and will do what i was going to do anyway, when i came to visit my wife the first time i was getting hassled at poe, i said i had cancer and the woman stopped asking questions and let me through, before you ask yes i did have cancer and i'm fine now