Have I made a problem for myself?
Jan 7th 2003, 6:15 pm
#16
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Thread Starter
Joined: Jan 2003
Location: Ohio
Posts: 137
Thanks for the advice in the K3. We might well do this. Any idea how lond it is likely to take for someone on a K3 to get hold of an EAD on arrival (Texas Service Centre)?
Staying in the USA was not actually an option, at least for the time being. I am really tied down to the UK until July, unless I want to lose an awful lot of money that my wife and I really need.
Cheers
Dave
Staying in the USA was not actually an option, at least for the time being. I am really tied down to the UK until July, unless I want to lose an awful lot of money that my wife and I really need.
Cheers
Dave
Originally posted by Rete
Actually just about everyone is.
What the OP did was foolish as he could have remained inside of the US and filed the I-485 along with the I-130 for adjusting status while here in the US. By having his wife just file the I-130 at the service center, he has placed himself in a long wait mode of at minimum 6 months, but more like 12 to 16 months, before he interviews in London. His wife does have the option of filing for a K-3 for him, however, and this might cut the wait down to 3 to 5 months instead. He would still have to adjust status when he gets to the US but what the heck. At least they will be together.
Rete
Actually just about everyone is.
What the OP did was foolish as he could have remained inside of the US and filed the I-485 along with the I-130 for adjusting status while here in the US. By having his wife just file the I-130 at the service center, he has placed himself in a long wait mode of at minimum 6 months, but more like 12 to 16 months, before he interviews in London. His wife does have the option of filing for a K-3 for him, however, and this might cut the wait down to 3 to 5 months instead. He would still have to adjust status when he gets to the US but what the heck. At least they will be together.
Rete
Jan 7th 2003, 9:28 pm
#17
Forum Regular
Joined: Nov 2002
Location: Connecticut, U.S.A.
Posts: 49
Re: Have I made a problem for myself?
Hi Dave. In my case, it took just over three months from filing until approval at the U.S. Embassy in London, but that was in 1999. It may take a bit longer these days with the additional background checks that are being performed.
Originally posted by davewilliams
Shaggy,
Thanks, how long did this take in your case?
Dave
Shaggy,
Thanks, how long did this take in your case?
Dave
Jan 7th 2003, 9:44 pm
#18
Forum Regular
Joined: Nov 2002
Location: Connecticut, U.S.A.
Posts: 49
I think the public has always been instinctively anti-immigration on the whole, irrespective of 9/11. But historically, politicians have always gone against the public on immigration policy. Immigration is one of those non-sexy issues where there are plenty of votes to be won by a relaxation of laws (especially with such a large immigrant population in the United States already), but there are few votes to be won by restrictive laws. Or to put it another way, restricting immigration does not carry an overwhelming price in terms of lost votes. Also, with such a pro-business administration in office, it's important to remember how important legal immigration is to so many large companies.
With the IT industry in the state it's in, I would certainly support a reduction on H-1B visas.... there are enough unemployed American IT workers as it is. But I think a liberalization of legal immigration, such as family-based visas and 245(i) is a good thing. This would bring many otherwise illegal immigrants into mainstream society---subject to stringent background checks, of course---while allowing the INS to crack down on those who present a real threat to ordinary Americans. In other words, make legal immigration options available to as many people as possible, isolating those who have something to fear from the background checks that legal immigration entails.
Perhaps there is a little more cause for optimism now that the political fallout from 9/11 is starting to dissipate. President Bush is known to be a supporter of relaxing laws for legal immigration, and new Senate Majority Leader Bill Frist is said to be an ultra-liberal on immigration issues. Also, Ted Kennedy---another immigration advocate---is chairman of the Senate Immigration subcommittee. Perhaps we won't see many changes in the short term, at least until after INS has been absorbed into DHS, but I don't think any further tightening of immigration law is on the cards for the time being. Hopefully, instead of making the law even more complicated and obscure than it already is, we can focus on enforcement of ILLEGAL immigration and preventing our enemies from even getting to the border, instead of spending so much effort on keeping law abiding and decent families apart.
With the IT industry in the state it's in, I would certainly support a reduction on H-1B visas.... there are enough unemployed American IT workers as it is. But I think a liberalization of legal immigration, such as family-based visas and 245(i) is a good thing. This would bring many otherwise illegal immigrants into mainstream society---subject to stringent background checks, of course---while allowing the INS to crack down on those who present a real threat to ordinary Americans. In other words, make legal immigration options available to as many people as possible, isolating those who have something to fear from the background checks that legal immigration entails.
Perhaps there is a little more cause for optimism now that the political fallout from 9/11 is starting to dissipate. President Bush is known to be a supporter of relaxing laws for legal immigration, and new Senate Majority Leader Bill Frist is said to be an ultra-liberal on immigration issues. Also, Ted Kennedy---another immigration advocate---is chairman of the Senate Immigration subcommittee. Perhaps we won't see many changes in the short term, at least until after INS has been absorbed into DHS, but I don't think any further tightening of immigration law is on the cards for the time being. Hopefully, instead of making the law even more complicated and obscure than it already is, we can focus on enforcement of ILLEGAL immigration and preventing our enemies from even getting to the border, instead of spending so much effort on keeping law abiding and decent families apart.
Originally posted by John McHugh
Yeah, I'm not overly optimistic on this one. There's been some recent suggestions that the public wants to be even more restrictive on immigration than even the politicians. I'm not a big believer in polls, but it's hard to imagine the policies getting friendlier in the current climate.
Yeah, I'm not overly optimistic on this one. There's been some recent suggestions that the public wants to be even more restrictive on immigration than even the politicians. I'm not a big believer in polls, but it's hard to imagine the policies getting friendlier in the current climate.
Jan 7th 2003, 11:06 pm
#19
Forum Regular
Joined: Dec 2002
Location: Greenville, SC
Posts: 160
Originally posted by shaggy
I think the public has always been instinctively anti-immigration on the whole, irrespective of 9/11. But historically, politicians have always gone against the public on immigration policy. Immigration is one of those non-sexy issues where there are plenty of votes to be won by a relaxation of laws (especially with such a large immigrant population in the United States already), but there are few votes to be won by restrictive laws. Or to put it another way, restricting immigration does not carry an overwhelming price in terms of lost votes. Also, with such a pro-business administration in office, it's important to remember how important legal immigration is to so many large companies.
With the IT industry in the state it's in, I would certainly support a reduction on H-1B visas.... there are enough unemployed American IT workers as it is. But I think a liberalization of legal immigration, such as family-based visas and 245(i) is a good thing. This would bring many otherwise illegal immigrants into mainstream society---subject to stringent background checks, of course---while allowing the INS to crack down on those who present a real threat to ordinary Americans. In other words, make legal immigration options available to as many people as possible, isolating those who have something to fear from the background checks that legal immigration entails.
Perhaps there is a little more cause for optimism now that the political fallout from 9/11 is starting to dissipate. President Bush is known to be a supporter of relaxing laws for legal immigration, and new Senate Majority Leader Bill Frist is said to be an ultra-liberal on immigration issues. Also, Ted Kennedy---another immigration advocate---is chairman of the Senate Immigration subcommittee. Perhaps we won't see many changes in the short term, at least until after INS has been absorbed into DHS, but I don't think any further tightening of immigration law is on the cards for the time being. Hopefully, instead of making the law even more complicated and obscure than it already is, we can focus on enforcement of ILLEGAL immigration and preventing our enemies from even getting to the border, instead of spending so much effort on keeping law abiding and decent families apart.
I think the public has always been instinctively anti-immigration on the whole, irrespective of 9/11. But historically, politicians have always gone against the public on immigration policy. Immigration is one of those non-sexy issues where there are plenty of votes to be won by a relaxation of laws (especially with such a large immigrant population in the United States already), but there are few votes to be won by restrictive laws. Or to put it another way, restricting immigration does not carry an overwhelming price in terms of lost votes. Also, with such a pro-business administration in office, it's important to remember how important legal immigration is to so many large companies.
With the IT industry in the state it's in, I would certainly support a reduction on H-1B visas.... there are enough unemployed American IT workers as it is. But I think a liberalization of legal immigration, such as family-based visas and 245(i) is a good thing. This would bring many otherwise illegal immigrants into mainstream society---subject to stringent background checks, of course---while allowing the INS to crack down on those who present a real threat to ordinary Americans. In other words, make legal immigration options available to as many people as possible, isolating those who have something to fear from the background checks that legal immigration entails.
Perhaps there is a little more cause for optimism now that the political fallout from 9/11 is starting to dissipate. President Bush is known to be a supporter of relaxing laws for legal immigration, and new Senate Majority Leader Bill Frist is said to be an ultra-liberal on immigration issues. Also, Ted Kennedy---another immigration advocate---is chairman of the Senate Immigration subcommittee. Perhaps we won't see many changes in the short term, at least until after INS has been absorbed into DHS, but I don't think any further tightening of immigration law is on the cards for the time being. Hopefully, instead of making the law even more complicated and obscure than it already is, we can focus on enforcement of ILLEGAL immigration and preventing our enemies from even getting to the border, instead of spending so much effort on keeping law abiding and decent families apart.
Still, it is fascinating how policy can be dictated by how strongly a few feel about something as opposed to a weakly held majority opinion. Our frozen-in-time Cuba policy would be a striking example of this.
Jan 9th 2003, 9:46 pm
#20
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: Have I made a problem for myself?
Originally posted by shaggy
<<snip>>
Basically, now your wife has filed the I-130, all you need to do is wait for a notification from the U.S. Embassy in London, who will send you a package of forms (you will also need to obtain a UK police certificate). The whole process is quite straightforward. You will then have to go to the Embassy to collect your visa, once they have processed the paperwork.
There is no rule preventing you from marrying on a visa waiver, but it is technically illegal to enter the country on a VW with the intent to marry as you did. But since the INS inspection officer didn't give you any problems when entering, you should be okay.
The route you have chosen is called Consular Processing. The alternative would have been for you to stay in the U.S. and file for adjustment of status, which typically takes much longer. However, either option is valid and based on personal experience, I don't think that you will have any problems.
Other than that, everything should be fine.
<<snip>>
Basically, now your wife has filed the I-130, all you need to do is wait for a notification from the U.S. Embassy in London, who will send you a package of forms (you will also need to obtain a UK police certificate). The whole process is quite straightforward. You will then have to go to the Embassy to collect your visa, once they have processed the paperwork.
There is no rule preventing you from marrying on a visa waiver, but it is technically illegal to enter the country on a VW with the intent to marry as you did. But since the INS inspection officer didn't give you any problems when entering, you should be okay.
The route you have chosen is called Consular Processing. The alternative would have been for you to stay in the U.S. and file for adjustment of status, which typically takes much longer. However, either option is valid and based on personal experience, I don't think that you will have any problems.
Other than that, everything should be fine.
Staying in the UK on the Visa Waiver Program is not legal residency. Having Leave to Remain is one example of legal residency status in the UK for an American citizen.
If the OP's spouse does not have legal residency, the couple cannot go down the DCF route.
NC Penguin
Jan 13th 2003, 12:37 am
#21
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Have I made a problem for myself?
Originally posted by shaggy
.... There is no rule preventing you from marrying on a visa waiver, but it is technically illegal to enter the country on a VW with the intent to marry as you did. .....
.... There is no rule preventing you from marrying on a visa waiver, but it is technically illegal to enter the country on a VW with the intent to marry as you did. .....
It is only an offence if you intended to stay in the US after you get married.
There is no visa for visiting the US, marrying a US citizen, and then leaving again - I got this in writing from the US embassy in London as this is exactly what I did myself, three years ago. If you want to do this all you can do is take evidence with you that you will/must return to the UK after marrying. Thenusual advice is to take a your current moirtgage statement or rent book, and a letter from your employer stating when you are expected back at work in the UK.
Last edited by Pulaski; Jan 13th 2003 at 12:41 am.
Jan 13th 2003, 6:15 pm
#22
Forum Regular
Thread Starter
Joined: Jan 2003
Location: Ohio
Posts: 137
Re: Have I made a problem for myself?
Originally posted by Pulaski
NOT TRUE!
It is only an offence if you intended to stay in the US after you get married.
There is no visa for visiting the US, marrying a US citizen, and then leaving again - I got this in writing from the US embassy in London as this is exactly what I did myself, three years ago. If you want to do this all you can do is take evidence with you that you will/must return to the UK after marrying. Thenusual advice is to take a your current moirtgage statement or rent book, and a letter from your employer stating when you are expected back at work in the UK.
NOT TRUE!
It is only an offence if you intended to stay in the US after you get married.
There is no visa for visiting the US, marrying a US citizen, and then leaving again - I got this in writing from the US embassy in London as this is exactly what I did myself, three years ago. If you want to do this all you can do is take evidence with you that you will/must return to the UK after marrying. Thenusual advice is to take a your current moirtgage statement or rent book, and a letter from your employer stating when you are expected back at work in the UK.
Any thoughts on whether it should be safe to try to visit my wife in the USA at the end of Feb while the visa is pending? I can produce the mortgage statement, a letter from my employers, and a plane ticket for my next visit in May (yes, I already reserved it before I realised there could possibly be a problem, and it's not refundable
)Thanks
Dave
Jan 27th 2003, 6:53 pm
#23
Just Joined
Joined: Jan 2003
Posts: 2
Came Over in April 2002, NO intent to marry at all...Filed form I-130 in June, after we had gotten wed, STILL WAITING! Expensive living over here..need to work.anyone got any ideas of how much longer this is all gonna take? Feel like I'm wayyy over my head on this one. Plus things aint too good with the life here...but thats a long long story. If anyone can tell me anything, my email is [email protected] or [email protected] Could really do with the help...Also, I'm thinkingo of going back to UK to work a while, and too wait for I-130 to be processed...any clue on whether they'll let me back in when (and if) I decide to return? :scared:
I'll go quietly now...
Blackrose :PARTY:
I'll go quietly now...
Blackrose :PARTY:
Jan 27th 2003, 8:15 pm
#24
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Originally posted by Blackrose
Came Over in April 2002, NO intent to marry at all...Filed form I-130 in June, after we had gotten wed, STILL WAITING! Expensive living over here..need to work.anyone got any ideas of how much longer this is all gonna take? Feel like I'm wayyy over my head on this one. Plus things aint too good with the life here...but thats a long long story. If anyone can tell me anything, my email is [email protected] or [email protected] Could really do with the help...Also, I'm thinkingo of going back to UK to work a while, and too wait for I-130 to be processed...any clue on whether they'll let me back in when (and if) I decide to return? :scared:
I'll go quietly now...
Blackrose :PARTY:
Came Over in April 2002, NO intent to marry at all...Filed form I-130 in June, after we had gotten wed, STILL WAITING! Expensive living over here..need to work.anyone got any ideas of how much longer this is all gonna take? Feel like I'm wayyy over my head on this one. Plus things aint too good with the life here...but thats a long long story. If anyone can tell me anything, my email is [email protected] or [email protected] Could really do with the help...Also, I'm thinkingo of going back to UK to work a while, and too wait for I-130 to be processed...any clue on whether they'll let me back in when (and if) I decide to return? :scared:
I'll go quietly now...
Blackrose :PARTY:
NC Penguin
Jan 27th 2003, 10:55 pm
#25
Just Joined
Joined: Jan 2003
Posts: 2
Hey NC Penguin,
Thanks for answering me..I'm pretty new to all this, so I'm kinda lost...any road markings would be great to get me on my way?!?!
Thansk again,
Blackrose:PARTY:
Thanks for answering me..I'm pretty new to all this, so I'm kinda lost...any road markings would be great to get me on my way?!?!
Thansk again,
Blackrose:PARTY:
Jan 28th 2003, 1:12 am
#26
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Originally posted by Blackrose
Hey NC Penguin,
<<snip>>
Blackrose:PARTY:
Hey NC Penguin,
<<snip>>
Blackrose:PARTY:
Scroll down towards the bottom and in the Immigration forums you'll find the newsgroup that I referred to earlier.
Hope these directions are helpful.
NC Penguin
Jul 6th 2005, 2:20 am
#27
Just Joined
Joined: Jul 2005
Posts: 5
Re: Have I made a problem for myself?
Originally Posted by Rete
Actually just about everyone is.
What the OP did was foolish as he could have remained inside of the US and filed the I-485 along with the I-130 for adjusting status while here in the US. By having his wife just file the I-130 at the service center, he has placed himself in a long wait mode of at minimum 6 months, but more like 12 to 16 months, before he interviews in London. His wife does have the option of filing for a K-3 for him, however, and this might cut the wait down to 3 to 5 months instead. He would still have to adjust status when he gets to the US but what the heck. At least they will be together.
Rete
What the OP did was foolish as he could have remained inside of the US and filed the I-485 along with the I-130 for adjusting status while here in the US. By having his wife just file the I-130 at the service center, he has placed himself in a long wait mode of at minimum 6 months, but more like 12 to 16 months, before he interviews in London. His wife does have the option of filing for a K-3 for him, however, and this might cut the wait down to 3 to 5 months instead. He would still have to adjust status when he gets to the US but what the heck. At least they will be together.
Rete
Jul 6th 2005, 2:36 am
#28
staying around
Joined: Jul 2003
Location: In peace
Posts: 2,328
Re: Have I made a problem for myself?
this thread is originally from 2003..
Jul 6th 2005, 4:22 am
#29
Joined: Mar 2003
Posts: 68,280
Re: Have I made a problem for myself?
Originally Posted by liannec
Hi I entered the US in December on the VWP sand got married married and left after 90 days, we diddnt file anything and I went back to the UK and then returned in April again for another 90 days which will be finished on 8th July and I plan to leave, is there any way I can stay in the US and complete the paperwork here. My laywer has told me I cannot and is in the process of filing an I130 and a K3. I want to stay here. Please help Im baffled.
Jul 6th 2005, 5:45 am
#30
Return of bouncing girl!
Joined: Sep 2004
Location: The Fourth Reich
Posts: 4,931
Re: Have I made a problem for myself?
Originally Posted by Ray
Start a new damn thread... tagging onto one years old is moronic......
Sorry Lianne, I can't help with any answers but hopefully someone else can
