Time is of the essence - Need advice!
Aug 8th 2002, 1:43 am
#16
Guest
Posts: n/a
Re: Time is of the essence - Need advice!
Steve wrote:
> So as I undersand it, someone can come in on a visitor visa, decide getting married
> would be a really great idea, get married after 60 days, and file for an AOS.
> (Quoting Rete from a previous post, "If you entered the US legally, meaning you
> were inspected at a POE, and have not committed fraud in anyway, you can marry and
> stay in the US and adjust status.")
> However, from what you're saying, my wife of almost 5 years, (who I married in the
> US as it happens), cannot come with me and stay. Well, since there is no way I am
> without her, then this is all a moot point and the U.S. will have to do without us.
> There is something seriously wrong with this picture.
Right or Wrong, it is accurate. The first roadblock is getting into the US. Consider
the alternatives... If you lose this bet, you will have many more problems. The
penalty is she will be deported. That is not going to go well if you have any desire
to live here.
> So as I undersand it, someone can come in on a visitor visa, decide getting married
> would be a really great idea, get married after 60 days, and file for an AOS.
> (Quoting Rete from a previous post, "If you entered the US legally, meaning you
> were inspected at a POE, and have not committed fraud in anyway, you can marry and
> stay in the US and adjust status.")
> However, from what you're saying, my wife of almost 5 years, (who I married in the
> US as it happens), cannot come with me and stay. Well, since there is no way I am
> without her, then this is all a moot point and the U.S. will have to do without us.
> There is something seriously wrong with this picture.
Right or Wrong, it is accurate. The first roadblock is getting into the US. Consider
the alternatives... If you lose this bet, you will have many more problems. The
penalty is she will be deported. That is not going to go well if you have any desire
to live here.
Aug 8th 2002, 1:44 am
#17
Guest
Posts: n/a
Re: Time is of the essence - Need advice!
Steve wrote:
> > If you need to go to the US in less than 3 months, then it would be a good idea
> > to accept that you won't be able to go *together* (legally).
> I don't suppose it would help matters to mention that her passport is in her
> maiden name?
What difference would that make?
> > If you need to go to the US in less than 3 months, then it would be a good idea
> > to accept that you won't be able to go *together* (legally).
> I don't suppose it would help matters to mention that her passport is in her
> maiden name?
What difference would that make?
Aug 8th 2002, 1:45 am
#18
Guest
Posts: n/a
Re: Time is of the essence - Need advice!
In article <[email protected]>, "Steve" <[email protected]> wrote:
> I don't suppose it would help matters to mention that her passport is in her
> maiden name?
For filing an I-130: She has time to get a new one issued in her married name. A
certified copy of her marriage certificate would be all that they need, most likely.
If you are talking about entry as a tourist with the maiden name passport, that would
only support a claim of fraud by the INS, from where I sit. It would give the
impression tht she was unmarried when in fact she was.
matta
> I don't suppose it would help matters to mention that her passport is in her
> maiden name?
For filing an I-130: She has time to get a new one issued in her married name. A
certified copy of her marriage certificate would be all that they need, most likely.
If you are talking about entry as a tourist with the maiden name passport, that would
only support a claim of fraud by the INS, from where I sit. It would give the
impression tht she was unmarried when in fact she was.
matta
Aug 8th 2002, 1:49 am
#19
BE Enthusiast
Joined: Mar 2001
Posts: 717
There is a legal route - the I-130 petition and IR-1 visa - and an illegal route - the visa waiver pilot program. The legal route takes 3 months and is very painless (other than the wait). The illegal route involves being economical with the truth - by posing as a tourist, yet having immigrant intent. It doesn't matter that her passport is in a different name to yours. Her intent is still to enter the US and remain. Anyone who has the intent to enter the US and remain can only *legally* do so with the appropriate immigrant visa.
That is how congress set up the law.
It may be possible to pull off a tourist visa entry - but no one here can predict whether this will be successful for your wife. As the spouse of a US citizen, the odds are probably stacked against her.
That is how congress set up the law.
It may be possible to pull off a tourist visa entry - but no one here can predict whether this will be successful for your wife. As the spouse of a US citizen, the odds are probably stacked against her.
Aug 8th 2002, 8:18 am
#20
Guest
Posts: n/a
Re: Time is of the essence - Need advice!
Matta Harri wrote:
> If you are talking about entry as a tourist with the maiden name passport, that
> would only support a claim of fraud by the INS, from where I sit. It would give the
> impression tht she was unmarried when in fact she was.
Although I know what you are trying to say, it must be pointed out that MANY women
travel on passports with their maiden name, and many of the even use that name in
everyday life... Believe it or not.. This is the 21st century.
> If you are talking about entry as a tourist with the maiden name passport, that
> would only support a claim of fraud by the INS, from where I sit. It would give the
> impression tht she was unmarried when in fact she was.
Although I know what you are trying to say, it must be pointed out that MANY women
travel on passports with their maiden name, and many of the even use that name in
everyday life... Believe it or not.. This is the 21st century.
Aug 8th 2002, 8:34 am
#21
BE Forum Addict
Joined: Jun 2002
Location: Virginia
Posts: 1,421
Steve,
The very first thing I learnt when researching and eventually
filing was NEVER TELL ANY LIES (or distort the truth)
The system although "complicated" is also designed to make sure that you tell the truth, and we are left in no doubt as to the "penalities" that may be imposed if caught.
If you consider the length of time you plan to be married
(hopefully for the rest of yours lives) taking any form of risk or trying to bend the rules is not worth the potential distaster you could face.
I give you our example. We were married in the US (only last
September) and my US wife moved with me to the UK.
She didn't settle and so after long chats, we filed the I-130 in London. She then went back to the States to "set up domicile"
(that was 3 months ago) Since then I've got my visa and will be moving over there in the next 2/3 weeks.
Now if we had attempted anything illegal and got caught I could have been banned from the US
With my wife not liking England and me (potentially) banned
from the US, what's the solution.
Possibly I end up with no wife !!!! (or nowhere we can live together)
I know it seems crazy but that's the rules.
The 3/4 months it is taking in London at the moment is (I think) the fastest anywhere in the World and although I miss
the wife, I've had to live with it (and without IT !!) for 3 months now, however the benefits of that "short" seperation make the wait a lot easier and also means that when I arrive as a CPR I have the right to work and then we can start getting on with our lives properly.
Good luck with whatever you decide.
Roger (+ Ida)
The very first thing I learnt when researching and eventually
filing was NEVER TELL ANY LIES (or distort the truth)
The system although "complicated" is also designed to make sure that you tell the truth, and we are left in no doubt as to the "penalities" that may be imposed if caught.
If you consider the length of time you plan to be married
(hopefully for the rest of yours lives) taking any form of risk or trying to bend the rules is not worth the potential distaster you could face.
I give you our example. We were married in the US (only last
September) and my US wife moved with me to the UK.
She didn't settle and so after long chats, we filed the I-130 in London. She then went back to the States to "set up domicile"
(that was 3 months ago) Since then I've got my visa and will be moving over there in the next 2/3 weeks.
Now if we had attempted anything illegal and got caught I could have been banned from the US
With my wife not liking England and me (potentially) banned
from the US, what's the solution.
Possibly I end up with no wife !!!! (or nowhere we can live together)
I know it seems crazy but that's the rules.
The 3/4 months it is taking in London at the moment is (I think) the fastest anywhere in the World and although I miss
the wife, I've had to live with it (and without IT !!) for 3 months now, however the benefits of that "short" seperation make the wait a lot easier and also means that when I arrive as a CPR I have the right to work and then we can start getting on with our lives properly.
Good luck with whatever you decide.
Roger (+ Ida)
