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Time is of the essence - Need advice!

Time is of the essence - Need advice!

Old Aug 7th 2002, 8:41 pm
  #1  
Steve
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Default Time is of the essence - Need advice!

Hello there,

I am a USC, my wife is British, married for 4 1/2 years. We're living here in the
UK and without going into why, we're looking at going back to the U.S.
(California, specifically) on some rather short notice. So short, in fact, a DCF
is out of the question. Leaving her here while I return to the states is out of
the question as well.

What are the legalities of my wife coming into the US on a visitor's visa, then
filing for AOS?

I know there are lots of websites out there, and believe me I'm going to be doing
some reading, but I thought I would tap into personal experience and see what has
happened to those who've done this already.

Thank you in advance, Steve
 
Old Aug 7th 2002, 9:52 pm
  #2  
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It's not at all legal to enter as a tourist with the intention to stay.

If you are worried about not having time to do DCF, then don't. Even if you are living outside the UK, you are still a resident until so much time passes that your status lapses (usually considered to be 2 years by the IND). You file the I-130 petition *by post* to London. While your wife is living in the UK, that's your UK address and all you need is a photocopy of whatever you are using to confirm your UK residency (eg the PR stamp in your passport). You do not have to be present at the visa interview.
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Old Aug 7th 2002, 10:07 pm
  #3  
Matta Harri
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Default Re: Time is of the essence - Need advice!

In article <[email protected]>, "Steve" <[email protected]> wrote:
    > I am a USC, my wife is British, married for 4 1/2 years. We're living here in the
    > UK and without going into why, we're looking at going back to the U.S. (California,
    > specifically) on some rather short notice. So short, in fact, a DCF is out of the
    > question. Leaving her here while I return to the states is out of the question as
    > well. What are the legalities of my wife coming into the US on a visitor's visa,
    > then filing for AOS? I know there are lots of websites out there, and believe me
    > I'm going to be doing some reading, but I thought I would tap into personal
    > experience and see what has happened to those who've done this already.
1. DCF is the way to go. You can file in ONE day, and she could then complete the
interview in 3 months or less. This is the safest plan, frankly. For info on that
method, see this site:
http://www.ameriscot.com/i130/

2. Her entering as a visitor would be tricky and possibly would not work: IF they
questioned her about the reason for her visit, and IF she slipped up in answering,
it could cause her Adjustment of status to be denied. I don't recommend pursuing
this method. Even if she made a "clean" entry, you would need an attorney to get
her adjusted, most likely, since she was married at the time of her entry.

matta
 
Old Aug 7th 2002, 10:34 pm
  #4  
Steve
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Default Re: Time is of the essence - Need advice!

"Matta Harri" <[email protected]> wrote in message news:[email protected]
om
...
    > 1. DCF is the way to go. You can file in ONE day, and she could then complete the
    > interview in 3 months or less. This is the safest plan, frankly. For info on
    > that method, see this site:
    > http://www.ameriscot.com/i130/
    > 2. Her entering as a visitor would be tricky and possibly would not work: IF they
    > questioned her about the reason for her visit, and IF she slipped up in
    > answering, it could cause her Adjustment of status to be denied. I don't
    > recommend pursuing this method. Even if she made a "clean" entry, you would need
    > an attorney to get her adjusted, most likely, since she was married at the time
    > of her entry.
    > matta

With regard to point 1, DCF is out of the question, as I've said, because of the
timetable involved. If we were to go, we'd have to go sooner than a DCF would allow.

As to point 2, somehow I find that very difficult to believe. My wife, married for
almost 5 years to me, a US citizen, would need an attorney to get an AOS?? Why???
That'd be ironic, considering that we got married in California of all places.

I have to ask, you're sure about your facts??

Steve
 
Old Aug 7th 2002, 10:51 pm
  #5  
Matta Harri
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Default Re: Time is of the essence - Need advice!

In article <[email protected]>, "Steve"
<[email protected]> wrote:

    > "Matta Harri" <[email protected]> wrote in message news:[email protected]
    > er.com
    ...

    > With regard to point 1, DCF is out of the question, as I've said, because of
    > the timetable involved. If we were to go, we'd have to go sooner than a DCF
    > would allow.
You can't go there tomorrow?

    > As to point 2, somehow I find that very difficult to believe. My wife, married for
    > almost 5 years to me, a US citizen, would need an attorney to get an AOS?? Why???
    > That'd be ironic, considering that we got married in California of all places. I
    > have to ask, you're sure about your facts??
If, for instance, she is questioned upon entry to the US about the purpose of her
visit and it somehow comes out that she is married to a US citizen, they will most
likely deny her entry and put her on the next plant back to the UK. IF they ask her
if she plans to adjust status, and she answers "no", and then tries it, the
adjustment will be denied because she lied. Lying is a very big no-no.

She might get lucky and get in without any questioning, however the chances for that
dwindle day by day since 9-11. You are taking a chance, with no guarantee of results.
Read this from the Shusterman website (near bottom of page, paragraph just above the
heading 'REMOVING CONDITIONAL RESIDENCE'): http://www.shusterman.com/marriage.html

If I was going to pursue an adjustment under those conditions, you can bet your
bippies I would have an attorney. INS does NOT like it when you break the rules.

You need to speak to an attorney, IMHO. There are US attorneys in the UK that you can
speak to: http://w-
ww.usembassy.org.uk/cons_web/acs/uk/amattorney.htm
I would also suggest that
you browse the UK consulate website:
http://www.usembassy.org.uk/

By the way, how do you plan to deal with the affidavit of support, I-864?

matta
 
Old Aug 7th 2002, 11:37 pm
  #6  
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When you are talking about immigration, you aren't completely free to do things the way you would like. When you say that DCF isn't quick enough, that's too bad. In the eyes of the INS and consulate, you don't have a choice but to go on their timings - and believe me, their timings are *good* compared to what most married couples have to deal with. They will simply tell you to move to the US ahead of your wife. That's what has happened with many of us, and there wasn't anything we could do about it.

The quickest, legal, method is for you to file an I-130 petition with the INS in London. You are one of the lucky ones who qualifies for this method. You don't have to be physically present in the UK on the day you sign the form; you just need to have legal residency in the UK - which you will for some time after you leave. All things going well, your wife would be able to join you in the US in about 3 months.

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).
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Old Aug 7th 2002, 11:42 pm
  #7  
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PS: I hope I am not coming over all preachy to you. It's just that I went through exactly the same thing 3 years ago. I, too, could not believe that I, the wife and mother of USCs, didn't have the right to go to the US on my terms, or that my USC husband did not have the right to keep his family together. But those *are* the rules that we have to play by, I'm afraid.

I recently did a Google search of the newsgroup archives and my first post to here was uncannily similar to yours.

Good luck.
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Old Aug 7th 2002, 11:50 pm
  #8  
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Filing I130 and G325A is so simple it shouldn't even take more than an hour to fill out. Gather supporting documents, make copies, take photos, and mail it out with a fee. That is all you need to do for now. It's much faster than you come over and file I130 in the US.
If you want to see the current processing time for petitions in Calif look here
http://imminfo.com/Resources/INS/INS...rts/PCmain.htm
Hope these links are useful
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
http://www.kamya.com/interview/
http://k1.exit.com/k-3frames.html
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Old Aug 7th 2002, 11:58 pm
  #9  
Steve
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Default Re: Time is of the essence - Need advice!

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.



"Ameriscot" <[email protected]> wrote in message news:[email protected]...
    > It's not at all legal to enter as a tourist with the intention to stay.
    > If you are worried about not having time to do DCF, then don't. Even if you are
    > living outside the UK, you are still a resident until so much time passes that your
    > status lapses (usually considered to be 2 years by the IND). You file the I-130
    > petition *by post* to London. While your wife is living in the UK, that's your UK
    > address and all you need is a photocopy of whatever you are using to confirm your
    > UK residency (eg the PR stamp in your passport). You do not have to be present at
    > the visa interview.
    > --
    > Posted via http://britishexpats.com
 
Old Aug 7th 2002, 11:59 pm
  #10  
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Also I think it has something to do with the fact that if your wife enters on a tourist visa, knowing she will stay here that is considered fraud (or something like it) that is why you will have to have a lawyer. My Husband's brother did this and it only took him 5 years to get his green card after all the trouble it caused when they noticed his marriage date was before his entry date. It would be a mistake. Why not call a lawyer and just ask I am sure they will tell you.

Good luck!
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Old Aug 8th 2002, 12:10 am
  #11  
Texandie
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Default Re: Time is of the essence - Need advice!

Steve,

Completely understanding that there are "reasons" why you can not pursue your wife's
legal entry into the US, you should know that this process is not anything that can
be done in a hurry. It just won't happen, and the legal risks are just not worth
taking. Like it or not, your wife COULD be banned from entry into the US for
God-knows-how-long if she gets caught. Is there any reason why you can not return
to the UK after a brief while (like a month or two) and do a DCF at that time? I did
this with my former husband because I needed to get back to the States to be near my
children and I then flew back to Finland about a month later and started the DCF
process. It was MUCH faster then it would have been if I had filed from with the US
and we were back together in about 6 months. I agree with Matti.....any reason you
can't go to the Consultate tomorrow???

The US Government doesn't offer any special treatment just because you are a US
citizen...most all of the sponors on this NG are US citizens and we all had to go
thru the same red tape. I felt the same exact way: How in the hell could they tell
me that my husband could not live with me in the States???? We were MARRIED!! (We
had a situation where I didn't make enough money for the year that I was in
Finland...Uh, I didn't work THAT year!) But that's exactly what they told me...unless
and until I was able to get a co-sponsor for him, he wouldn't be joining me. I
suppose you can choose to do whatever you wish, and in the long run, it MIGHT turn
out OK....but, you have to ask yourself: What if it doesn't??????

Just my viewpoint.... Andria
 
Old Aug 8th 2002, 12:13 am
  #12  
Texandie
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Default Re: Time is of the essence - Need advice! (One more point....)

In Matta's defense, when you asked if she was sure of her facts....well, if you doubt
her facts, consult an attorney, however, isn't that time that you could be spending
at the Consulate preparing for your wife's LEGAL entry into the country, rather then
piddling around with an attorney trying to figure out a "loophole" that probably
isn't there? Just had throw that in! ;-)
 
Old Aug 8th 2002, 12:25 am
  #13  
Texandie
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Default Re: Time is of the essence - Need advice!

Steve,

We aren't saying that there isn't "something wrong with this picture", we are
just trying to prepare you for what is about to take place and help you make the
"best" decision.

There are MANY things wrong with the way the INS handles things, and I have ALWAYS
thought it ludicrous that it's easier to get a "finance" into this country then
one's own spouse, but it IS.
 
Old Aug 8th 2002, 12:30 am
  #14  
Matta Harri
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Default Re: Time is of the essence - Need advice!

In article <[email protected]>, "Steve"
<[email protected]> 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.

YEP, you are right. However, bear in mind, WE did NOT make the rules. INS/State dept
are simply carrying out the law as it was written. We are just trying to prepare you
for something that takes a lot longer than anyone should have to wait. Unfair, yes.
Impossible, no.

matta
 
Old Aug 8th 2002, 1:20 am
  #15  
Steve
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Default Re: Time is of the essence - Need advice!

    > 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?
 

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