bluestar77

Hi..I'll apologise now for the long post..

I've dating my American girlfriend since we met in Canada whilst travelling in 1998 and have continued to see each other by travelling to each respective country (US & UK) as often as possible (myself visiting during the 11-week summer break in my schooling). It's been a very tough arrangement, but we've managed to only be apart from each other for about 3 months in every year.

I'm currently in the US on a I-94W (Visa Waiver) with about a month until it expires, living on funds accumulated throughout my employment in the UK. I've now finished my education (Web Design & Animation) and am working on improving my portfolio and skills for possible employment. My girlfriend has 9 months of schooling to complete here.

We're desperate not to leave each other again so I'd like to find out if there's a way to extend my stay for another 3 or 4 months. I've read it's not possible for me to extend an I-94W. Is this true or is there any other way? We've talked about marriage, but I've heard horror stories and we're both not sure exactly how complicated it will make life for us. We're determined to make this work.

Thanks for your help.

Matt Kane

NB - When my portfolio is ready for view, I intend to apply through the appropriate channels to work here in the US, even if it means going back to the UK to do so. I've been talking to various design firms around the US about the standard of my work and what they are looking for in an employee, but I'm NOT 'seeking employment'.

Stuart Brook

bluestar77 wrote:

    > We're desperate not to leave each other again so I'd like to find out if
    > there's a way to extend my stay for another 3 or 4 months. I've read
    > it's not possible for me to extend an I-94W. Is this true or is there
    > any other way? We've talked about marriage, but I've heard horror
    > stories and we're both not sure exactly how complicated it will make
    > life for us. We're determined to make this work.

You can't extend a stay on the Visa Waiver Program ... no way. You must
depart the US.

Until such time as you can make a "fiance" commitment to one another and
intend to get married within 3 months of arriving in the US on a fiance
visa, put simply, you are SOL. Your determination to make this work is
exactly what gets people in trouble. Your determination must be to have
the necessary patience to follow the letter of the law. US Immigration
law is very unforgiving.

Stuart

simon bland

The only way to stay in the US is to marry your USC girlfriend and then apply for AOS, this will lead you to your green card reasonably quickly, but you must not leave the US until you have your green card, or I-551 stamp in your passport

bluestar77

Thanks Simon - sorry for asking such a newbie question, the advice is much appreciated. When you say that it will lead to a green card 'fairly quickly', how long is this usually considered to be?

Also, I understand that in signing the I-94W, I waived the right to legal recourse (unbeknownst to me at the time, but I had no reason to ponder it upon entry). If our marriage is considered by the INS to be fraudulent, I will be deported with no opportunty to appeal. What are the consequences of this occurring? Can I return, when, and how will the deportation affect further applications to enter or remaion in the US?

simon bland

Unfortunattly, I have had no experience of Fraudulant Marriage. I was a LPR and my wife came in as a tourist on a b1/b2, It took 5 years from filing for AOS until her interview, from reading the newsgroups, the spouse of a USC, will be approved much quicker, I think within a year, perhaps someone who has gone through this recently can post a reply. Also while my wife was waiting she could not work, but I think this has been changed recently and you are allowed to work whilst waiting for the AOS, again perhaps someone else can confirm this.

Good Luck

Simon

Joachim Feise

bluestar77 wrote:
    > Thanks Simon - sorry for asking such a newbie question, the advice is
    > much appreciated. When you say that it will lead to a green card 'fairly
    > quickly', how long is this usually considered to be?

A couple of months to about 2 years. INS processing times vary widely.

    > Also, I understand that in signing the I-94W, I waived the right to
    > legal recourse (unbeknownst to me at the time, but I had no reason to
    > ponder it upon entry). If our marriage is considered by the INS to be
    > fraudulent, I will be deported with no opportunty to appeal. What are
    > the consequences of this occurring? Can I return, when, and how will the
    > deportation affect further applications to enter or remaion in the US?

Fake marriages are a serious offense. You could be banned for life.
In general, INS looks *very* closely at marriages of visitors happening a couple
of months after entry of the visitor. The suspicion here is that the visitor
planned to marry all along, and therefore committed immigration fraud by
entering with a visitor visa.

Stuart Brook

Joachim Feise wrote:
    > bluestar77 wrote:
    > > Thanks Simon - sorry for asking such a newbie question, the advice is
    > > much appreciated. When you say that it will lead to a green card 'fairly
    > > quickly', how long is this usually considered to be?
    > A couple of months to about 2 years. INS processing times vary widely.
    > >
    > > Also, I understand that in signing the I-94W, I waived the right to
    > > legal recourse (unbeknownst to me at the time, but I had no reason to
    > > ponder it upon entry). If our marriage is considered by the INS to be
    > > fraudulent, I will be deported with no opportunty to appeal. What are
    > > the consequences of this occurring? Can I return, when, and how will the
    > > deportation affect further applications to enter or remaion in the US?
    > Fake marriages are a serious offense. You could be banned for life.
    > In general, INS looks *very* closely at marriages of visitors happening a couple
    > of months after entry of the visitor. The suspicion here is that the visitor
    > planned to marry all along, and therefore committed immigration fraud by
    > entering with a visitor visa.

This is why it is probably better and safer to determine if you really
want to make the committment and go the fiance visa route. It too is
fairly quick, but saves big time questioning by the INS (Ever see the
movie "Green Card" with Gerard Depardieu ?)

Stuart

bluestar77

Thanks for the help everyone. We've discussed making this commitment for a couple of years now, and although this isn't the way we'd invisioned the event taking place, we'll be happy enough to go through the laborious process. The INS can ask and probe all they want, we're 100% legit.

I've spoken to an attorney here and after discussing our situation, he feels it's an open and shut case and is confident enough to suggest that we don't necessarily need legal assistance, just to apply through the proper channels, cross the t's and dot the i's. I'm not getting my hopes up until it's all over and done with though.