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Returning to the USA to get married on a visa waiver programme

Returning to the USA to get married on a visa waiver programme

Old Feb 3rd 2009, 7:56 pm
  #16  
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by yorkieuk


I thought the whole idea was that it was illegal to enter the USA on the VWP with the intent of getting married.
No, it's illegal to enter the USA on the VWP with the intent of getting married and then staying in the USA to adjust status to permanent resident.

It's OK to come just for the marriage part.

Rene
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Old Feb 3rd 2009, 8:02 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by Noorah101
No, it's illegal to enter the USA on the VWP with the intent of getting married and then staying in the USA to adjust status to permanent resident.

It's OK to come just for the marriage part.

Rene
Oops yeah I forgot about the possibility of getting married and leaving! Sorry!
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Old Feb 3rd 2009, 8:24 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by 50 cool 50
My VWP expires at the time of going to canada.
So after that i will be illegal in the states? I dont want to be illegal.

Please can you change the thread name too-
Re: Returning to the USA to get married on a visa waiver programme

Can you recommend an immigration attourney who is efficient and not too costly!?

thanks again to everyone
You can't come back to the States after going to Canada off a fully-used VWP, that is what we are trying to tell you. To be readmitted, you have to leave most of the Western Hemisphere.. Canada, Mexico & adjacent Caribbean islands are considered 'still here' for immigration.

If you don't want to be illegal, you either need to marry now under the special provisions for spouses of USCs and then *not leave the US without the correct paperwork* OR, leave before your VWP expires and plan for some other sort of visa. You just have not left yourself a lot of time, and your misunderstandings could create real, actual problems for you. We're not making stuff up for fun.

You two must decide what you are going to do for the next 6-12 months and where you want to do it. You can't just float day to day anymore.
You *may not* return on a VWP with the intent to stay, married or not.
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Old Feb 3rd 2009, 8:30 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by 50 cool 50
My VWP expires at the time of going to canada.
Be aware that Canadian border inspectors are aware that VWP visitors to the US try to get another 90 days via Canada. They don't like to see that, because if the US doesn't let you back in, you'll then be Canada's problem. If you try this, there's a very good chance the Canadians won't let you in.
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Old Feb 3rd 2009, 8:31 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by Bill_S
Be aware that Canadian border inspectors are aware that VWP visitors to the US try to get another 90 days via Canada. They don't like to see that, because if the US doesn't let you back in, you'll then be Canada's problem. If you try this, there's a very good chance the Canadians won't let you in.
That is also correct.
The Canada trip should be totally off the table.
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Old Feb 3rd 2009, 10:24 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by 50 cool 50
When i arrived in the states 3 months ago I did not have a return ticket back to the U.K and they let me in. this time i will have the return ticket
That was also a breach of the VW rules ..you are supposed to have a forwarding or return ticket
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Old Feb 3rd 2009, 10:39 pm
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by Noorah101
If you do not want to overstay your VWP, then you have two options.

1. Don't get married yet, and do the K-1 fiance visa; or
2. Get married within the next few days, and then do the spouse Immigrant Visa

You can go to www.ailalawyer.com to find a list of attorneys to start calling. Or you can go to a place like Catholic Charities if you have them in your area, they can give you low-cost or free immigration advice.

Whatever you do, you should NOT leave the USA and then return on the VWP with the intent to remain and adjust status.

Rene
"2. Get married within the next few days, and then do the spouse Immigrant Visa"

If we took this route, How long would it be before i get permission to work and start earning money for us do you think ? would it be 3 months or more?
Thanks again for all the replies...
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Old Feb 3rd 2009, 11:30 pm
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Smile Re: Returning to the USA to get married and get the green card

Originally Posted by Ray
That was also a breach of the VW rules ..you are supposed to have a forwarding or return ticket
Well they picked up on the "no return outbound ticket " on the gate into the USa, they asked me a few questions but then admitted me
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Old Feb 3rd 2009, 11:34 pm
  #24  
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by 50 cool 50
My VWP expires at the time of going to canada.
So after that i will be illegal in the states? I dont want to be illegal.

Please can you change the thread name too-
Re: Returning to the USA to get married on a visa waiver programme

Can you recommend an immigration attourney who is efficient and not too costly!?

thanks again to everyone
Just in case it all goes pear shaped, where is your flight back to the UK from?
If you go to Canada and are not allowed back into the US you may have to forfeit that flight and shell out for another from Canada.
Just a thought, but you need to cover all the bases.

"Can you recommend an immigration attourney who is efficient and not too costly!?"

Possibly an oxymoron?
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Old Feb 3rd 2009, 11:43 pm
  #25  
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Default Re: Returning to the USA to get married and get the green card

Originally Posted by 50 cool 50
"2. Get married within the next few days, and then do the spouse Immigrant Visa"

If we took this route, How long would it be before i get permission to work and start earning money for us do you think ? would it be 3 months or more?
Thanks again for all the replies...
The spouse Immigrant Visa takes about 8 to 10 months for the whole process. You do not stay inside the USA, you return home before your 90 day VWP is up. So, in my scenario, you get married in the next few days, you return to the UK before the end of your 90 days, then you wait in the UK for about 8 to 10 months, then when you have your Immigrant Visa in hand, you return to live and work in the USA.

You CAN come and visit on the VWP during your wait, if you have ties showing you do not intend to remain in the USA.

This is the only way to do it, unless you either: 1) want to do the fiance visa instead; or 2) want to remain in the USA beyond your 90 days and go out of status while you try to file AOS after marriage. For number 2, I highly recomment a consultation with an attorney so you know what the risks are (i.e., if denied, no appeal, and a possible ban from the USA).

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Old Feb 4th 2009, 12:44 am
  #26  
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Default Re: Returning to the USA to get married and get the green card

50,

You would have permission to work on entry.

How long before you might start earning money is a whole different matter. There are a fair number of people in the USA who have exhausted their unemployment compensation benefits, and their extended unemployment compensation benefits, and are still asking the same question - when am I going to find another job?

Regards, JEff



Originally Posted by 50 cool 50
"2. Get married within the next few days, and then do the spouse Immigrant Visa"

If we took this route, How long would it be before i get permission to work and start earning money for us do you think ? would it be 3 months or more?
Thanks again for all the replies...
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Old Feb 4th 2009, 9:31 pm
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Smile Re: Returning to the USA to get married on a visa waiver programme


Ok. Not going to bother going to Canada. Forget it.
Thanks for all the advice on that one.

but here is my new predicament. i need to work and earn money for our new arrival, and i need to be near my girl as much as possible.

I am wondering, what is the most efficient route now?
Get married before i leave or just be engaged and do a K1 and go that route?
How long do i have to be away in each scenario? I really want to be in the U.S.a for my baby being born at least

thanks so much you guys for all your help in advance
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Old Feb 4th 2009, 9:38 pm
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
but here is my new predicament. i need to work and earn money for our new arrival, and i need to be near my girl as much as possible.

I am wondering, what is the most efficient route now?
Get married before i leave or just be engaged and do a K1 and go that route?
How long do i have to be away in each scenario? I really want to be in the U.S.a for my baby being born at least
For the K-1 visa, you'll be away about 6 to 8 months or so. But when you return to the USA on the K-1, you won't be able to work for the first several months.

For the Immigrant Visa, you'll be away about 8 to 10 months or so. But you'll be able to work from Day 1 back in the USA.

Third option, talk to an immigration attorney and see what HE recommends. There might be a third option open to you as well, but in that case you wouldn't be able to work or leave the USA for several months, and it means overstaying your current VWP visit. That third option also carries a lot of risks, if you get denied, you must leave the USA with a possible ban from returning.

Rene
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Old Feb 4th 2009, 9:51 pm
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Smile Re: Returning to the USA to get married on a visa waiver programme

"There might be a third option open to you as well, but in that case you wouldn't be able to work or leave the USA for several months, and it means overstaying your current VWP visit. That third option also carries a lot of risks, if you get denied, you must leave the USA with a possible ban from returning."

Rene
for the third option you mentioned:
on what grounds could someone get denied?
I dont have a criminal record or anything and I am healthy ect. I dont do drugs.
Do i need to get some kind of extension on my current status on the third option before it runs out or stay as an illegal allien? (if i was to go that route)
i dont mind staying and not working for a few months as i have funds to support myself.

Me and my girl are genuinely very much truely in love and we dont mind proofing it to anyone and we met unexpectedly. My intent was not to become a resident of the U.S.A.
we had ideas to go to australia!! but now a baby is on the way it has changed things.
thanks again for your common sense reply
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Old Feb 4th 2009, 9:55 pm
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
for the third option you mentioned:
on what grounds could someone get denied?
Basically for any reason the Office sees fit...the biggest fear in your shoes would be if the Officer feels you had the intent to remain in the USA when you came here.

Do i need to get some kind of extension on my current status on the third option before it runs out or stay as an illegal allien? (if i was to go that route)
You cannot extend the VWP. You won't be an "illegal alien", you will be in an "overstay". Not quite the same thing. Once you file your adjustment of status paperwork (if you feel this is the way you want to go), you will receive a notice which allows you to stay in the USA until a decision is made on your status (green card).

Me and my girl are genuinely very much truely in love and we dont mind proofing it to anyone and we met unexpectedly. My intent was not to become a resident of the U.S.A.
we had iseas to go to australia!! but now a baby is on the way it has changed things.
Definitely talk to an attorney and get it straight from them, as to what you need to do, and what the pitfalls are. So you know from a legal standpoint.

Rene
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