Visitor to Married

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Old Jul 18th 2005, 4:02 pm
  #1  
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Default Visitor to Married

Hi everyone,

After reading lots of different threads, I am a teeny bit concerned that we may have made a boo boo. I came to the US on an I-95 VWP and married Bob before I was due to go back. We had no clue that the process for me to stay would be so complicated (we naively assumed that love conquers all, how stupid were we???) We filed I-130, I-485 etc on 11th July, are we going to be "in trouble" for marrying without asking permission first???

Thanks for your help
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Old Jul 18th 2005, 4:06 pm
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Default Re: Visitor to Married

Originally Posted by Kate2112
Hi everyone,

After reading lots of different threads, I am a teeny bit concerned that we may have made a boo boo. I came to the US on an I-95 VWP and married Bob before I was due to go back. We had no clue that the process for me to stay would be so complicated (we naively assumed that love conquers all, how stupid were we???) We filed I-130, I-485 etc on 11th July, are we going to be "in trouble" for marrying without asking permission first???

Thanks for your help
Big mistake .. you should have married Peter.. Bob could be a problem ...

If you did not arrive with the intent of marriage.. your pretty safe ..ish..
Love has nothing to with it ..
PS.. its an I-94
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Old Jul 18th 2005, 4:20 pm
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Default Re: Visitor to Married

Originally Posted by Kate2112
Hi everyone,

are we going to be "in trouble" for marrying without asking permission first???

Thanks for your help
Asking the bride's father first is I think still a good idea, but I doubt in this day and age most would get that upset if you have not.
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Old Jul 18th 2005, 5:30 pm
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Default Re: Visitor to Married

No problemo, so long as you didn't *intend* to stay here when you
arrived under the VWP. You are the only one who can answer that
question (hint: the answer is NO)

When the time comes, you will no doubt be asked why you did things this
way, just remember, coming to the US without any intent to stay
permanently, then getting married, then filing for LPR is no crime, or
grounds for dismissal of your case, but it may raise some eyebrows at
the USCIS.

Good luck!
 
Old Jul 18th 2005, 5:32 pm
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BTW, hopefully you purchased a return ticket when you made your last
trip. You should keep the return ticket as a small token of 'proof'
that you didn't intend to stay, as well as some documentation showing
that you had compelling reasons to return 'home' when you entered the
US.
 
Old Jul 18th 2005, 5:46 pm
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Default Re: Visitor to Married

Originally Posted by AussieSteve
BTW, hopefully you purchased a return ticket when you made your last
trip. You should keep the return ticket as a small token of 'proof'
that you didn't intend to stay, as well as some documentation showing
that you had compelling reasons to return 'home' when you entered the
US.
You have to have a return ticket to use the VWP.
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Old Jul 18th 2005, 6:04 pm
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Default Re: Visitor to Married

Originally Posted by Boiler
You have to have a return ticket to use the VWP.
Or an onward ticket. And that's only when entering by air. The OP didn't say how they entered.

Elaine
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Old Jul 18th 2005, 6:08 pm
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Default Re: Visitor to Married

Originally Posted by HunterGreen
Or an onward ticket. And that's only when entering by air. The OP didn't say how they entered.

Elaine
Well she did not swim.

Maybe the QE2?

I think anything else not involving an airplane would have required a B2.
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Old Jul 18th 2005, 6:17 pm
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Default Re: Visitor to Married

More likely the QM2.

Maybe she walked across the border from Canada, or hopscotch from Mexico...

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Old Jul 18th 2005, 9:04 pm
  #10  
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Default Re: Visitor to Married

AS,

Minor point of clarification - as a practical matter, the USCIS is the one who answers this question. They may ask Kate about it, but they won't necessarily accept what she has to say.

And therein lies the difficulty.

Regards, JEff

Originally Posted by AussieSteve
No problemo, so long as you didn't *intend* to stay here when you arrived under the VWP. You are the only one who can answer that question (hint: the answer is NO)

When the time comes, you will no doubt be asked why you did things this
way, just remember, coming to the US without any intent to stay
permanently, then getting married, then filing for LPR is no crime, or
grounds for dismissal of your case, but it may raise some eyebrows at
the USCIS.

Good luck!
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Old Jul 18th 2005, 9:12 pm
  #11  
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Default Re: Visitor to Married

Originally Posted by Boiler
Well she did not swim.
Maybe the QE2?
I think anything else not involving an airplane would have required a B2.
You cracked it Dave .... thats where the I-95 came from
Form I-95 (Crewman's Landing Permit) shows the date you arrived in the United States and the "Admitted Until" date
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Old Jul 18th 2005, 11:16 pm
  #12  
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Default Re: Visitor to Married

Originally Posted by Ray
You cracked it Dave .... thats where the I-95 came from
Form I-95 (Crewman's Landing Permit) shows the date you arrived in the United States and the "Admitted Until" date

If it's a C1/D (Crewman's) visa rather than VWP (as OP originally stated) or B1/2, she *cannot* normally adjust status. It's one of the exceptions.
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Old Jul 18th 2005, 11:20 pm
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Default Re: Visitor to Married

fatbrit,

I may be misunderstanding what you wrote, but it is quite possible to adjust status from a B1 or a B2.

Regards, JEff

Originally Posted by fatbrit
If it's a C1/D (Crewman's) visa rather than VWP (as OP originally stated) or B1/2, she *cannot* normally adjust status. It's one of the exceptions.
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Old Jul 18th 2005, 11:21 pm
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Default Re: Visitor to Married

Originally Posted by jeffreyhy
fatbrit,

I may be misunderstanding what you wrote, but it is quite possible to adjust status from a B1 or a B2.

Regards, JEff

Yep -- but not from a C1/D Crewman's.

S'ppose I could have written it a little clearer. My bad!!!
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Old Jul 18th 2005, 11:34 pm
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Default Re: Visitor to Married

Looked it up on the web and seems it could be the crewman's C1/D since she would be issued an I95 rather than an I94 (unless it's a typo?).

In that case, she has big, big problems and needs a lawyer or bag pack super pronto!

Kate:
What exactly is written/stamped/attached to your passport?
When did you enter?
How did you enter?
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