entering usa on visa waiver then change status
Sep 11th 2002, 10:35 pm
#1
Guest
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entering usa on visa waiver then change status
hi i wondered if anyone knows if u marry a usa citizen whilst in the usa on a visa waiver , if u can go back and then adjust status and apply for I-130 when u get back to usa? any advice would be appreciated very much,
regards
sunny
regards
sunny
Sep 11th 2002, 10:41 pm
#2
BE Enthusiast
Joined: Sep 2002
Location: UK
Posts: 352
Re: entering usa on visa waiver then change status
i married my husband on a VWP and on return from our honeymoon was denied entry, and sent back to my home country to wait out visa petition, so if you plan to leave after you get married file your petition now if you are married, or go home and file petition before you marry...good luck
Sep 11th 2002, 10:44 pm
#3
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Re: entering usa on visa waiver then change status
im back in new zealand now after having married in the usa on the 14th august, i had a ticket to come back to nz on the 19th of aug, i was on a visa waiver in the usa, can i go back with my kids to the usa on another visa waiver and then apply to stay there as the wife of a us citizen?? that is what i want to know
thanks
thanks
Sep 12th 2002, 10:00 am
#4
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Posts: n/a
Re: entering usa on visa waiver then change status
No you cannot.
You can marry in the US and leave if you plan on living abroad, or plan on
petitioning through the US consulate at your home country.
If you left the US after marriage but BEFORE filing your paperwork for adjustment
(i.e. the I-130, I-485, and I-131 permission to travel), and have the intent to
stay, you will most likely be detained at the border and sent back to your home
country because you have the intent to immigrate. Depending on the INS officer at
the point of entry, you can be sent back with a slap on the wrist or even barred
from re-entry into the US for a certain period of time. It is definitely not
something to play with.
It is true that some spouses come to visit their US spouse during the immigration
process but they take ample proof of leaving the country again (i.e. return ticket,
letter from employer stating when one is expected back etc.)
In your case, it seems you should apply via the US consulate in NZ and postpone the
flight. There is the option of a spouse visa, a K-3, or maybe DCF (though I am not
sure whether NZ offers DCF). The best way to read up on all these procedures is to
start with the Doc Steen website, http://www.mindspring.com/~docsteen/visainfo/visainfo.htm and
read up on spouse visas.
Best of luck! Des
sunnyflower <[email protected]> wrote in message
news:<[email protected]>...
> im back in new zealand now after having married in the usa on the 14th august, i
> had a ticket to come back to nz on the 19th of aug, i was on a visa waiver in the
> usa, can i go back with my kids to the usa on another visa waiver and then apply to
> stay there as the wife of a us citizen?? that is what i want to know
> thanks
You can marry in the US and leave if you plan on living abroad, or plan on
petitioning through the US consulate at your home country.
If you left the US after marriage but BEFORE filing your paperwork for adjustment
(i.e. the I-130, I-485, and I-131 permission to travel), and have the intent to
stay, you will most likely be detained at the border and sent back to your home
country because you have the intent to immigrate. Depending on the INS officer at
the point of entry, you can be sent back with a slap on the wrist or even barred
from re-entry into the US for a certain period of time. It is definitely not
something to play with.
It is true that some spouses come to visit their US spouse during the immigration
process but they take ample proof of leaving the country again (i.e. return ticket,
letter from employer stating when one is expected back etc.)
In your case, it seems you should apply via the US consulate in NZ and postpone the
flight. There is the option of a spouse visa, a K-3, or maybe DCF (though I am not
sure whether NZ offers DCF). The best way to read up on all these procedures is to
start with the Doc Steen website, http://www.mindspring.com/~docsteen/visainfo/visainfo.htm and
read up on spouse visas.
Best of luck! Des
sunnyflower <[email protected]> wrote in message
news:<[email protected]>...
> im back in new zealand now after having married in the usa on the 14th august, i
> had a ticket to come back to nz on the 19th of aug, i was on a visa waiver in the
> usa, can i go back with my kids to the usa on another visa waiver and then apply to
> stay there as the wife of a us citizen?? that is what i want to know
> thanks
