ukusabird

As he would say, MEH! Why do they make it so damn hard!? We love each other and should be able to marry and be togehter without all this BS. Life is cruel........

Noorah101

You CAN marry and be together. That's what the Fiance visa and the Immigrant visa are for.

In your particular case, he was told specifically NOT to marry while he's in the USA on this trip, and he could very well have a notation to that effect on his passport or in his file now. So if I were you, I would not risk that route.

More of your questions are being answered over in the Marriage-Based forum.

http://britishexpats.com/forum/showthread.php?t=565777

Rene

ukusabird

well it was posed in the form of a question. you can see that I editied my post so as not to have any misunderstanding. What the officer said to both of is was "You don't plan on getting married do you ?" we said no and I did not plan on it this soon however I do not want him to have to leave again at all. So it may be something to consider.

LivAtl

Dont jsut give up yet you never know, and those imigration guys could jsut be scaring him becuase they can be assholes.

Contact a Lawyer I used http://www.usaimmigrationlawyer.org/charles_kuck.htm

Professional Activities
• President of the American Immigration Lawyers Association ("AILA").
• National Secretary and Founder member and of the Academy of Business Immigration Lawyers ("ABIL").
• Served for seven years on the Board of Directors of the Latin American Association.
• Adjunct Professor of Law at the University of Georgia School of Law since 1999, teaching the seminars "the Introductory" and "Advanced Immigration Law".
• Several years on the Board of Governors and the National Executive Committee of AILA.
• Chair of the Atlanta Chapter of AILA, and on various other National Liaison Committees.
• Editor-in-Chief of The AILA Litigation Toolbox, about litigating immigration issues.
• Previously served as Chair of AILA's USCIS Headquarters Liaison Committee and Chair of AILA's Consumer Protection Committee.
• In 1999 was awarded the Joseph F. Minsky Young Lawyer Award for Outstanding Contributions to the Practice of Immigration Law.

If this guy cant sort you two out then no one can, I know I sound like a advert but he helped me alot and knows his stuff.

ukusabird

Thanks for info. I will look him up.

DeanUK2US

Glad to hear he got through and hope your son gets well.

ukusabird

ty for your concern. He is 22 and has Ms so I cannot go to
England the only way I can be with my guy is here in the US

MsElui

they are a bit bonkers at the POE. They actually push people into getting married and filing for aos after saying things like that - the exact opposite of what they intend!

You could marry asap. Then start application for CR1 - and he could go home as planned. Then he will be able to come back next time in another maybe 5 months (after he returns - ie maybe 8 in total - maybe longer!) and get his green card on the spot and be able to work on day 1 etc. This would give him a chance to tie up his lose ends in the uk, maybe research jobs for when he retuirns etc. and he would be doing it the right way and avoiding any allegations or hassle.

E3only

I would think (then again – nothing in American law is straight forward) the POE letting him in was not dependent on if you are going to get married or not. It’s his personal choice?

Do you plan to get married (Q by POE today)? ANS: NO because you had no plans. That does not mean you guys can’t change your mind and/or get married?

These is no way a POE can force you to get married of otherwise. I know the VWP comes with conditions (say no work) but it surely does not come with a condition that one won’t marry a USC?

I am no lawyer but have heard some strange reasoning by POE’s (on this forum). So I know even if logically it may all makes sense, the US won’t see it that way. So yes, consult a lawyer and get married if you want your man to be there.

All the best!

fatbrit

If CBP didn't employ them, they'd be roaming the streets doing more damage.

Tracym

It is not legal to enter on the VWP with the intent of being married and applying for AOS.

So... if they told the POE officer they weren't planning to get married - and then they do get married and apply for AOS...

I could easily see an accusations of:

1. Lying to obtain entry to the US (permanent ban possible)
2. Abusing the VWP (whatever they'd officially call it)

I am not saying that is the case with the poster - but I could easily see USCIS viewing it that way.

Jerseygirl

I'm getting dizzy jumping from thread to thread with this.

meauxna

Exactly, Dean. And I'm sorry about the thread-jack; this person's situation is nothing like yours and her issues don't really concern your questions.
I'll ask Bob to consider some pruning.

DeanUK2US

Thanks, meauxna. My question was pretty much answered a while back, but some pruning might be a good idea for those interested in the topic specific to the thread title.

hopeful_Mark

Dean here are the dates I have traveled so far.

July 19th 2007, stayed 7 days.

September 19th 2007, Stayed 7 days.

January 5th 2008, Stayed 11 days.

May 6th 2008, stayed 15 days, Left on May 21st, returned to the US June 11th for 34 days.

September 17th, stayed 3 weeks, arrived back in the UK this morning.

I have never been taken for secondary questioning, I am generally asked 2 questions, 1. what are you doing in the US, 2. how long are you staying. In January I was asked a few more questions, where am I staying, the name of the person I was staying with. I find the wait in the queue to get to the POE desk to be the worst part of the experience. I was expecting to get questioned more when I went in June, but the visa was stamped in my passport before I was asked anything.
I never carry proof of ties to the UK, my reasoning on this is that it could look suspicious if questioned further and you start pulling out evidence to your UK ties. I am not recommending this to anyone it is just how I have chosen to travel.