jedimark01978

Thanks all, sorry for the two threads 1st time on here, learn by mistakes as they say, wow this stuff gets real confusing, does it help if I tell the border control I do not ever wish to be a permanent resident in the US, I have a business in the uk, just so they understand I'm never gonna be sponging off the US as a resident, I would be happy going back for a few weeks then coming here for 90 days, is it not good enough to tell them she has my child if this happens for us as a way in for 90 days? to see my child? if we have a child or we marry can I get in on the waiver program then easily? the poor girl is under enough stress with the miscarriage and now this hanging over us, thanks again all of you for your help here if we could buy you all a drink we would right now, thanks Mark

snowbunny

Mark - if your goal is to be together as fast as you can, you could probably do this in the UK via a spousal visa. If you don't want to hurry marriage, then I suggest a holiday in a third country like Canada or the Bahamas. How "stuck" is your girlfriend here? For example, I'm stuck because I have two children with my ex-husband (American) so me moving or travelling abroad extensively is out of the question.

Noorah101

Mark,

If you marry her right now (after speaking to an immigration attorney), it means you want to remain in the USA and immigrate here permanently. It means NOT going back to the UK for a while, until you have permission to travel or a green card in your hand. But that's only if you want to STAY in the USA on THIS trip only. One-time offer only.

If you must return to the UK, you need to do so before your I-94W expires. Do not overstay. Of course it makes sense if you need to do that, after all you didn't plan on marrying and remaining in the USA. You have things you need to get done back home.

If you leave the USA before your I-94W expires, you should stay outside the USA for at least 90 days before attempting to return on the VWP again. That's not a law, but it's a general rule of thumb. Of course you can try coming back for another VWP sooner, but you risk the POE agent refusing you entry because you've already been in the USA 90 days recently.

No, having a USC girlfriend and USC child does not make it easier to gain entry on the VWP, in fact it makes it harder, as you then the POE officer sees the possibility of immigrant intent.

You have some difficult decisions to make during the upcoming week.

Rene

snowbunny

Agreed. You need to consult an AILA-accredited lawyer NOW. I wish there was something like a "getting-to-know-you-better" visa but there isn't.

Noorah101

OK, from these two statements it seems that you don't really want to live in the USA, is that correct? Were you thinking instead of having your girlfriend immigrate to the UK? Or are you guys not even at the stage of talking about marriage at all yet?

Again, I know you're under stress but you are saying conflicting things here. First you say she has your child, and if you have a child. Then you say she's dealing with a miscarriage. So I'm not really clear right now what your scenario actually is....and perhaps it isn't clear just yet...

I know we jumped in and said "you can marry her and stay here", but really if you guys are not at the marriage stage of the relationship yet, don't rush into it. You might be faced with a few months back in the UK until you can see her again, but it wouldn't be the end of the world.

Rene

crg

I think consulting a qualified attorney is sound advice in this case. However, keep in mind that AILA only requires that members pay their dues and be an attorney in good standing or work as a professor at a law school. I wouldn't consider someone to be "accredited" to practice immigration law just because they happen to be a member.

ian-mstm

For your sake, and for the sake of you not getting sidetracked, I am not going to post anything else in this thread... other than to say "good luck" with whatever path you choose. You have difficult choices to make and not a lot of time to make them - be sure you make an informed decision.

Ian