Claire Keller

I have been here for months now. Here is my question....UK citizen here in the US on
the visa waiver. Boston INS stamped for 3 months. If he overstays, we marry, what
trouble could we foresee? I know this group is not going to give legal advice, and
does look done on this sort of arrangement...just wondering if people have gone this
route and their experience. Thanks !

[email protected]

Claire, there is a legal way around your problem. I have seen this type of scenario work out to INS' satisfaction and to the couple's satisfaction.

Claire Keller

I am hoping not do this without having to hire a lawyer. Can you please
elaborate on this?

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Andy Platt

Quite a few people have done this. Firstly, there is no problem per-se with adjusting
status when you have overstayed if you are adjusting status based on marriage to a US
citizen. There are a couple of gotchas you have to watch out for:

a) Any time between day 91 and filing the I-485 the alien is illegally in the US and,
should they have a brush with authority that brings them to the attention of the
INS, they will almost certainly be deported.

b) If the overstay becomes 180 days or more they will be subject to a three year ban
on re-entering the US if they leave before becoming a permanent resident (this
becomes 10 years at one year overstay). This applies even if the alien gets
advance parole.

c) The alien can never again use the visa waiver. Assuming everything works out this
isn't an issue because they'll use advance parole until they become a permanent
resident and then will use their greencard until they become a US citizen, should
they choose to do that.

No lawyer is necessary if you can handle the paperwork yourself (there isn't any
additional paperwork because of the overstay).

Andy.

--
I'm not really here - it's just your warped imagination.

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Rete

Further to Andy's very good and concise advice, the illegal overstay does not stop on the day you marry the USC but stops accruing only on the day that you file the I-130 and I-485. So it is imperative that if you decide to stay and marry, you do so asap and get the registered/certified copy of your marriage so that you can file your petitions.

Rita

PS this is done all the time and unless you have a balantly preplanned expensive wedding with upteem guests, you should not have a problem adjusting status. I believe you asked a much similar question a few months back and received much the same answer.

Claire Keller

Thank you everyone. Al was just very worried since he had an unnerving experience
with the immigration man in Boston when he flew in. At this time we are waiting for a
final divorce decree for him and then we should get this all settled. Thanks again
for everyone's support.

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Andy Platt

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Let me double check something. In your post you said he got a 90 day stamp when
entering. In another post you talked about a three week stamp. Which is it?

Your statement "unnerving experience with the immigration man in Boston" concerns me.
If he was not given the 90 days it should make you triple-think about him adjusting
status from the visa waiver. If he was "interrogated" at the POE it's possible that
they could conclude his statements were fraudulent when he tries to adjust status.
And that, as you can imagine, would not be good. Now, chances are there are no
records of this encounter so you should be fine but you might want to run the whole
thing past an immigration attorney if you have doubts as to the encounter.

Andy.

--
I'm not really here - it's just your warped imagination.

Claire Keller

I think you are also reading a post I made for someone else. He was given the 3 month
ok and got the stamp. His experience was unnerving because the immigration worker he
spoke with in the line was asking him how his company could justify him being away
from work so long. He had a letter from his boss but did not show because he had read
from here things like...if not asked for something...don't say or show. That is all.

[usenetquote2]> > Thank you everyone. Al was just very worried since he had an unnerving experience[/usenetquote2]
[usenetquote2]> > with the immigration man in Boston when he flew in. At this[/usenetquote2]
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[usenetquote2]> > settled. Thanks again for everyone's support.[/usenetquote2]
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Alvena Ferreira

Claire Keller wrote:
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Here are the data:
1. More people adjust in this manner (tourist entry) than by fiance or spouse visa.
2. IF there is a criminal record or health problem of the foreign spouse, you need an
attorney, no question about it.
3. The US citizen spouse has to have enough income for the affidavit of support. And
if not, has to have a co-sponsor.
4. Otherwise, you should be good to adjust. Boston is a nice office if you are using
that one. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

Betogethernow.Com\

Claire, Based on what you've said, the UK citizen has broken the law. They need an
attorney. It is possible that they can handle it on their own if they can make sense
of the rules/regs and they get a sympathetic officer. But, if not, the price for
messing this up is simply too high.

Thanks and good luck! Marie www.betogethernow.com Immigration Services for Long
Distance Couples Love knows no limits or borders

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Alvena Ferreira

"betogethernow.com(tm)" wrote:
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A US citizen is allowed to request the adjustment of a spouse EVEN IF the spouse is
currently out of status AS LONG AS the spouse originally entered the US legally.
READ the instructions on the I-485 form and note the exceptions for the spouse of a
US citizen. Read particularly the part about who is ineligible, note the exceptions
for out of status and for visa waiver, as they pertain to immediate relative of US
citizen. In most places, an attorney is not needed, as long as there are no
complicating factors such as criminal record or health problems. If one is unsure
of where he/she stands with this, a one-time attorney consultation might be
indicated. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================

Claire Keller

How do you come to the conclusion that he has broken the law? He is here legally for
3 months. He is not working. has no criminal record and no communicable diseases.
Seems to me that you are trying to play the role of a lawyer. I have been with this
group long enough to know how are reliable and informative sources and where to find
the help I need. Maybe you should also before spouting out gibberish without
backing. Thanks !

BTW - Alvena - again thank you for your wonderful support and advice. I think we will
be fine and will keep you all posted.

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[usenetquote2]> > I have been here for months now. Here is my question....UK citizen here[/usenetquote2]
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[usenetquote2]> > the US on the visa waiver. Boston INS stamped for 3 months. If he overstays, we[/usenetquote2]
[usenetquote2]> > marry, what trouble could we foresee? I know this group[/usenetquote2]
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[usenetquote2]> > not going to give legal advice, and does look done on this sort of[/usenetquote2]
[usenetquote2]> > arrangement...just wondering if people have gone this route and their experience.[/usenetquote2]
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Grinch

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I think this is a good advertisement to avoid your company

Grinch

Betogethernow.Com\

Paul Grimson requested that we explain the post below in the group. Here's the
explanation.

When you sign the VWPP form on the plane, you are basically signing it under penalty
of perjury. You agree to leave within 90 days and you waive all rights to appeal and
recourse. If you attempt to adjust or stay longer, you've just turned yourself into a
liar on the form. Then, you have to prove that you didn't *intend* to do what you did
after you signed the form saying that you *wouldn't* do that very thing. It can be
done. And, people have done it many times. And, the US' relationship with the UK has
made it easier for people to do it in the past. But, that is changing.

It's becoming very risky. Post Sept. 11th, it's difficult to predict what INS will do
with that scenario. I personally would not risk it. Considering how the VWPP form is
worded, it leaves an INS officer wide open to adjudicate the matter in a very cut and
dry way if they choose (when is that not the case, right?).

In our opinion, and that is exactly what is offered on these newsgroups--opinions,
the UK citizen in this matter should seek the advice of an attorney, and err on the
side of caution. The price for failure is very high and can derail future, more
*legal* methods.

Thanks, jehan Founder www.betogethernow.com Immigration Services for Long Distance
Couples Love knows no limits or borders

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[usenetquote2]> > I have been here for months now. Here is my question....UK citizen here[/usenetquote2]
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[usenetquote2]> > the US on the visa waiver. Boston INS stamped for 3 months. If he overstays, we[/usenetquote2]
[usenetquote2]> > marry, what trouble could we foresee? I know this group[/usenetquote2]
is
[usenetquote2]> > not going to give legal advice, and does look done on this sort of[/usenetquote2]
[usenetquote2]> > arrangement...just wondering if people have gone this route and their experience.[/usenetquote2]
[usenetquote2]> > Thanks ![/usenetquote2]
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Betogethernow.Com Tm

I've posted an explanation of how we've come to the conclusion that the UK citizen
has broken the law in the thread. We hope you choose to read it.

However, we're sorry that you have taken what we said in such a negative way.
Considering that we're not attorneys, it would do us no good and it would gain us
NOTHING to recommend an attorney to you. We would only recommend an attorney if we
honestly thought it may be necessary for you.

We know that you want him here with you permanently as soon as possible and you don't
want him to have to go back for an extended period of time. But, we have to caution
you that you are taking a risk with serious consequences. Are you really willing to
gamble with those consequences simply to avoid a short chat with an attorney?

We sincerely hope this works out for you and urge you once more to seek the advice of
an attorney.

Thanks, jehan Founder www.betogethernow.com Immigration Services for Long Distance
Couples Love knows no limits or borders

"Claire Keller" <[email protected]>
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[usenetquote2]> > Claire, Based on what you've said, the UK citizen has broken the law. They need[/usenetquote2]
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[usenetquote2]> > attorney. It is possible that they can handle it on their own if they can make[/usenetquote2]
[usenetquote2]> > sense of the rules/regs and they get a sympathetic officer. But, if not, the[/usenetquote2]
[usenetquote2]> > price for messing this up is simply too high.[/usenetquote2]
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[usenetquote2]> > Thanks and good luck! Marie www.betogethernow.com Immigration Services for Long[/usenetquote2]
[usenetquote2]> > Distance Couples Love knows no limits or borders[/usenetquote2]
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[usenetquote2]> > > I have been here for months now. Here is my question....UK citizen here[/usenetquote2]
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[usenetquote2]> > > the US on the visa waiver. Boston INS stamped for 3 months. If he overstays, we[/usenetquote2]
[usenetquote2]> > > marry, what trouble could we foresee? I know this group[/usenetquote2]
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[usenetquote2]> > > arrangement...just wondering if people have gone this route and their[/usenetquote2]
[usenetquote2]> > > experience. Thanks ![/usenetquote2]
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