help please, my 90 days is almost up
#16
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Joined: Jun 2013
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Re: help please, my 90 days is almost up
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
#17
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: help please, my 90 days is almost up
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...
Ian
#18
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: help please, my 90 days is almost up
... 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
#19
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
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.
#20
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Re: help please, my 90 days is almost up
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
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
#21
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: help please, my 90 days is almost up
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
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
Last edited by ian-mstm; Jun 19th 2013 at 7:51 pm.
#22
Re: help please, my 90 days is almost up
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?
Just out of curiosity when you entered the country almost 90 days ago what did you say your purpose of visit was?
#23
Re: help please, my 90 days is almost up
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
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
Last edited by jeffreyhy; Jun 19th 2013 at 8:00 pm.
#24
Re: help please, my 90 days is almost up
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, 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
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, 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
#25
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Joined: Jun 2013
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Re: help please, my 90 days is almost up
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
other option is become a mexican and i will be fine, my skin colour might give me away, im very very white
#26
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Joined: Jun 2013
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Re: help please, my 90 days is almost up
. 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
#27
Re: help please, my 90 days is almost up
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
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
#28
Re: help please, my 90 days is almost up
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
Regards, JEff
#29
Re: help please, my 90 days is almost up
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
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, ...
. he replyed ok this is the date your allowed here until, make sure you apply for it before that date, ...
Regards, JEff
#30
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Joined: Jun 2013
Posts: 12
Re: help please, my 90 days is almost up
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