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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 4th 2009, 10:05 pm
  #31  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
i am a UK citizen and my Fiance' is from California. we been planning to get married for a long time. I am right now .. in Cali on a the VWP and it is going to expire in 2 weeks. We recently found out my girlfirend is pregnant and we want to get married sooner than we thought.
As has been explained there are a number of options open to, the majority of which will entail a period of separation (though you can re-enter the US on a VWP to help minimize that somewhat) You have also been advised to have a quick consult with an immigration brief, who will probably inform you that *if* it is the case that upon ENTRY to the USA on VWP you did not intend to marry and seek an adjustment of status on that basis, but you now find that due to changed circumstances (namely your now pregnant g/friend), you do wish to follow that path, then if you act pronto you may well be able to do that. This route is not without its problems (as other couples who have traveled it, myself included, will tell you) BUT it is a legitimate option that you have available to you. Please make that appointment / telephone consultation asap as if you do wish to pursue this then the quicker you set things in motion the better.

Good luck
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Old Feb 4th 2009, 10:19 pm
  #32  
 
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Default Re: Returning to the USA to get married on a visa waiver programme

^^^^^ What she said.

Get a consultation with a lawyer; you're in no position to take a crash course on this and your stakes are high. You can get a meeting like this for less than $200.. worth the alternative of 6-10 months apart?
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Old Feb 4th 2009, 10:24 pm
  #33  
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Default Re: Returning to the USA to get married on a visa waiver programme

I notice you said that you may be willing to live in the UK. That is normally an easier and quicker route. She could probably get a fiance visa fairly quickly and then you could get married in the UK.

If you want to be in the US then it would seem you entered without immigrant intent so would be able to adjust status on the VWP. However as others have said this does have risks. On top of this you will not be able to work until you get an EAD which will be about 90 days after you submit the paperwork. Last I checked AOS costs about a grand, but you will also need to live for this time without income and potentially longer given the current economy. So if money is tight and you have a job that you can go back to in the UK then it may be best to get married now and then return to the UK and apply for the spouse visa. This would probably be the least time out of work for you.

But if you want to try and stay and AOS it would be best to speak to a lawyer as others have said.
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Old Feb 4th 2009, 10:28 pm
  #34  
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Smile Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by Noorah101
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.


Rene
do you think the fact i entered the USA wothout a return ticket will go against me?
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Old Feb 4th 2009, 10:32 pm
  #35  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by Longy
Last I checked AOS costs about a grand, but you will also need to live for this time without income and potentially longer given the current economy.
This is correct. Filing fees for AOS (from VWP) are currently $1,365, plus a few hundred more for a full medical exam. Plus a couple of hundred for the attorney consultation...figure to budget $2,000.

The USC wife must also meet the income requirements for the I-864 Affidavit of Support, or have acces to a Joint Sponsor. See www.uscis.gov, Immigration Forms, I-864P for income guidelines.

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Old Feb 4th 2009, 10:32 pm
  #36  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
do you think the fact i entered the USA wothout a return ticket will go against me?
That does not bode well for you, if the Officer investigates it.
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Old Feb 4th 2009, 10:33 pm
  #37  
 
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
do you think the fact i entered the USA wothout a return ticket will go against me?
I don't know how to put this any more plainly: you are in a situation where you should stop talking about your case in public and go see a lawyer who is qualified and insured to answer your questions.

YES it could go against you, but you are in the realm of things that we can't help you with.
Go. Tell the Truth. The whole truth. And listen to the advice given. Check it out here after you learn something.
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Old Feb 4th 2009, 10:45 pm
  #38  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by meauxna
I don't know how to put this any more plainly: you are in a situation where you should stop talking about your case in public and go see a lawyer who is qualified and insured to answer your questions.

YES it could go against you, but you are in the realm of things that we can't help you with.
Go. Tell the Truth. The whole truth. And listen to the advice given. Check it out here after you learn something.
"I don't know how to put this any more plainly: you are in a situation where you should stop talking about your case in public and go see a lawyer who is qualified and insured to answer your questions."

It must be a nice feeling to talk down to people needing help from your high horse!!!! but thanks anyway
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Old Feb 4th 2009, 10:46 pm
  #39  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
"I don't know how to put this any more plainly: you are in a situation where you should stop talking about your case in public and go see a lawyer who is qualified and insured to answer your questions."

It must be a nice feeling to talk down to people needing help from your high horse!!!! but thanks anyway
FFS .. That the best advice you have beeen given ...
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Old Feb 4th 2009, 10:51 pm
  #40  
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Default Re: Returning to the USA to get married on a visa waiver programme

50,

Several posters advised you to consult with an attorney. You appear to be overlooking that advice. So yes, if smacking you in the face with a 2x4 is what it's going to take to get your attention you will be smacked.

Now, get off your high horse, get your feet back on solid ground, and go get the help you need from someone who is fully qualified to give it to you.

Regards, JEff


Originally Posted by 50 cool 50
"I don't know how to put this any more plainly: you are in a situation where you should stop talking about your case in public and go see a lawyer who is qualified and insured to answer your questions."

It must be a nice feeling to talk down to people needing help from your high horse!!!! but thanks anyway
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Old Feb 4th 2009, 10:58 pm
  #41  
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Default Re: Returning to the USA to get married on a visa waiver programme

Originally Posted by 50 cool 50
It must be a nice feeling to talk down to people needing help from your high horse!
Don't be an ass! The US laws on conspiracy would make your balls twist end over end. Meauxna gave you very sound advice... you should follow it, and get off *your* high horse! We've been there... you haven't... you have no idea what you're getting yourself into if you follow the "other option".

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Old Feb 4th 2009, 11:01 pm
  #42  
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Default Re: Returning to the USA to get married on a visa waiver programme

50 cool 50,

I'm closing this thread before it goes too far off course for you. Please speak to an immigration attorney, and get legal advice, if you think you might want to stay in the USA and adjust status.

Posts number 11, 12, 14, 25, 28, and 30 were all posts by ME, advising you to see an attorney in your particular circumstance.

Posts number 31, 32, 33, and finally 37 were from others advising you the same thing.

Once you've decided on your immigration route, you may come back and start a new thread with more specific questions as to the route you've chosen.

Thread closed.

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Last edited by Noorah101; Feb 4th 2009 at 11:05 pm.
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