SE MAVERICK

Hello everyone and thank you for all the info i have read from your experience,

I am a UK citizen currently in the USA on VWP, my legal permanent resident fiance and i had decided to get married in the states and for me to return to the uk and file paperwork for her to live with me in the uk, however we soon realized that it would not be an option as she would lose her LPR status by spending less than 6 months of the year in the USA. And we would want to live in the states in the future so,, we decided that as my citizenship of the uk would always remain and she had just secured a reasonable employment we would try to build our lives in the states.

My first instinct was to look at adjustment of status for myself (AOS) but after speaking with an immigration lawyer (who i don't completely trust) i realized something which i knew and had read before about (AOS) not being a option because she is a RESIDENT not a citizen.

I was told if i try to file for a green card it would seal my fate a lock me out of the USA for up to 5 years while im on the waiting list, and would be refused travel on my VWP if i disclosed my marriage

So the immigration lawyer advised us to lie and just pretend were not married for 3 years until she becomes a citizen!!! but that would also mean i couldn't live or work in the usa for 3 years!!


We are to be married on the 19th of December which is something i cannot and will not consider changing as all the arrangements have been made by her family and my own

and by a coincidence my VWP runs out on the 20th of december
so,,, i either have to travel back before the wedding or we both leave for a weeks honeymoon the day of my visa expiry which is a worry...

and as i have been here almost a full three months VWP already and 2 months earlier this year on VWP. Would i be refused entry back too the USA on a renewed VWP? is traveling out for a week be enough? Etc Etc.

is there any advise on how and if i should still look at applying for a (AOS)?

There seems to be conflicting stories as some of her family members have been in the same situation with costa rican wives and husbands and were successful at their (AOS) attempts even though they were only residents

I have read a lot of info on UCIS and this forum but would just like some answers from people who might know a small thing that could make a big difference

ANY options that could be suggested please


Thank you in advance for any help you might offer
Mav

Noorah101

Make sure you leave the USA *before* Dec 20th. You do NOT want to overstay the VWP by even one day. If you do, it means never using the VWP again.

General rule of thumb is to spend more time outside the USA than inside. Therefore, it's best if you stay outside the USA 90+ days, since you were just inside the USA for that long. You can certainly try to return after only one week outside the USA, but it's up to the POE officer to let you in or not, so if you try it, don't be surprised if they send you back on the first flight back to the UK right away.

It's impossible for you to apply for AOS. Your LPR spouse needs to file an I-130 for you, and then you need to wait for a visa number to become available to you (takes about 4 - 5 years). In the meantime, if she becomes a USC, your petition gets upgraded and you can get your Immigrant Visa earlier. If you wish to stay inside the USA during your 4 - 5 year wait for a visa number to become available, you will need to find your own way in, such as student or work visas. If you happen to be inside the USA under a status such as student or work, and your visa number becomes available (or your wife becomes a USC), THEN you can do an AOS.

Rene

Rete

You will never have the right to live and work in the US until your number becomes current (if she files an I-130 NOW while still a resident and does not become a USC) or when she has naturalized and filed for you for an immediate relative visa with no quota having to be met or you find another type of visa to come to the US for that purpose, i.e. work visa.

In either case it will be approximately a 5 year wait if she remains an LPR or shorter if she naturalizes. She is free to naturalize once she has 5 years of LPR status in the US. Then it takes approx 6 months for naturalization. So say she already has two years of LPR then she only needs to wait 3 more years to naturalize.

SE MAVERICK

yes that is correct, thank you for your response, she has 3 years to wait for citizenship, BUT and its a big one.. she has been here since she was 1 year old and is now 27, the US government lost her papers on entry when she was a baby so she should already have been a citizen for years,, she has been here in the usa without leaving her entire life and attended school always worked legaly and payed all her taxes for the last 6 years and has a social security number,,, dont we have grounds to appeal her right for citizenship??

her parents are citizens too

thanks so much for the help!

Noorah101

This question is beyond the scope of an internet forum, in my opinion. If you want more details on how she might become a USC more quickly, you'll need to discuss it with an immigration attorney. It's impossible for us to say, given that she has such a long immigration history.

Rene

Noorah101

Here's what a "to-do" list might look like for you:

1. Get married.
2. Leave the USA before Dec. 20.
3. Have your LPR spouse file the I-130 as soon as possible.
4. Wait at least 90 days before trying to visit on the VWP again.
5. Have your LPR spouse look into becoming a USC sooner, if possible.
6. Look into other visa options for coming to the USA yourself, so you can remain in the USA with your spouse.
7. Prepare yourself to be satisfied with a couple of visits per year in each other's countries, until you can immigrate to the USA.

Rene

SE MAVERICK

Yes i completely understand and agree, i guess i just wondered if you had heard of anything similar, but i have already called the lawyer and waiting for appointment

I think the next question is,.. what work visa type should i look for etc

Im guessing H1-b H2-b ,, but which would be the best and most likely to succeed?

I am a qualified Close protection operative so i have a speciality trade but i dont have a degree or anything else? are the any suggestion for what others have done in a similar situation

Thank you both for your help

Noorah101

Here is the link you need to read. It shows all the possible ways into the USA. Without a degree, you are probably not going to qualify for a work-related visa, though.

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

Rene

ian-mstm

Not really, no. As she was not a USC by birth, generally she must apply to become a USC.


No one has a "right" to citizenship. You either are, or are not a USC. If her parents naturalized before she was 18 she *might* be a USC *IF* she was also a PR at the time.


So then... that's the question. Did they naturalize before she turned 18 and was she a PR at the time *AND* is there proof of those facts?

Ian

SE MAVERICK

no they were not both naturalized before that date, her mother was but not her father. im trying to find out if she was a LPR at the time

but while i await the answer from her ...



Is there a way for me to stay here after the paperwork has been filed for the I-130 while we wait for the number? other than the work or student visa etc?

as i just had info from a family member who has been through our exact situation who says once he was being claimed on the I-130 he stayed here legally.

or even once a work visa has been filed while we await the outcome?

are student visas hard to get?

I know these questions are grabbing at straws but its nice to hear answers from people who have the knowledge

SE MAVERICK

My fiance became a LPR 2007 and her mum was a citiizen be for she was 18?

what does that mean ian? any chance she could be a citizen or a candidate ?

Thank you

Noorah101

That link I provided shows ALL the ways to stay in the USA. Look them over and see what categories you might fit into and go from there.

Get more details from him and find out how he did it.

You can't live in the USA legally once the petition for a work visa has been filed, but only after the visa has been issued.

Not if you're qualified and accepted by a university.

Rene

Bluegrass Lass

I'm not sure if both parents have to be naturalized or if only one parent has to be. This is what you need to bring to a lawyer's attention immediately. If she is already a US cit because of her mother, this could mean the difference between 8-10months and 3-5 years. I don't know if you should still leave on Dec. 20th so that is also what you should discuss with a lawyer.

Rete

The laws on derivation naturalization have changed over the years. At one time it was based solely on the naturalization of the father if both parents were still married and living together. Then it changed. So it would depend on the year her parents were naturalized and if she were a PR at the time of their naturalization. If there is a doubt as to her PR status back then, then the wait for this to be cleared up could stretch to years.

As for leaving before your I-94 is expired, I would leave regardless of your wife's "maybe" status. All you know at the present is that she is NOT a naturalized US citizen. One hour past the expiration of the I-94 and you will never be able to use the VWP again to come to the US. Why set yourself up for the need to apply for a B2 tourist visa and the almost certain denial of said visa because of having a spouse living in the US. You would be considered a prime candidate for staying and not leaving if you were to enter.

Rete

I also wanted to add that her relatives and friends that are telling you what they did, i.e. stayed while the I-130 was pending, are not telling you everything about their status. If they are from Costa Rica, it is possible that they entered the US, either legally and/or illegally, but someone had applied for their I-130 before a certain date and they were able to use the Section 245(a) which is now extinct to stay within the US. You do not have that option. Also the I-130 does not give the beneficiary the right to live and work in the US. All it gives the beneficiary is the right when approved and the number is current to apply for adjustment of status. It is the application for adjustment of status, form I-485, which gives the alien the right to live and work in the US while the application is pending.

There are so many variables to how many people can and do get adjustment of status when they are documented or undocumented, legal or illegal, aliens that only an experienced immigration attorney can tell you what transpired.

Personally, and this is only my opinion, you don't have any right to remain in the US past your I-94 expiration date. If you do you are then here illegally and subject to deportation if found. In addition, if deported after say 181 days of being here illegally, you will have incurred a 3 year ban from entry to the US and you will eventually have to seek a waiver of inadmissibility to get the I-130 and subsequent Immediate Relative Visa approved.

Did you know stop and think of all of this and verify with an attorney what your options were before you took such an important step as marriage?