Oh My God!

Old Aug 8th 2002, 9:08 pm
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I just went to an immigration attorney for a (what I thought was going to be) a simple consultation and he completely thwarted my hard work and plans and told me the better option would be for Greg to come over on a tourist visa, keep "the element of doubt" about whether we were going to be married or not, then "decide" to while he is here, do it, then get a marriage visa. he said he could get Work Authroization within 4-6 weeks after we filed. he has a great reputation for being an amazing attorney...should I believe all this or do you think it's a load of bullocks?!

It is the complete opposite of what I've heard from everyone here and other people...

Please advise!
Thanks....
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Old Aug 8th 2002, 9:19 pm
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Hi,
I'd like to comment more but can only cover a couple of your points.
I (UK) got married last September in Maryland to my (US) wife
on a tourist visa and didn't have a problem at all.
Mind you we had planned it for a long time (white wedding with all of the trimmings etc) but I never had a problem at all at the POE
And this was 2 weeks after September 11th
(MAY THEY REST IN PEACE)
So things may have been "changed since then"
I cannot comment on the work permit thingy as we flew back to the UK shortle after the wedding.
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Old Aug 8th 2002, 9:22 pm
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There are many couples that visit one another on a tourist visa and then decide they should get marry while they're here.
As far as I know that is not a problem if was not planned ahead and the wedding occurs after 60 days of arrival.

If I was in that situation I would probably won't do it. First, I might get a 30 day approval to visit and that's a no-no to marry within 30 days. More importantly, if I do get over 60 days of visit, knowing that this was all planned, I would have that "will INS find out?" haunting me for years.
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Old Aug 8th 2002, 9:23 pm
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Lots of people have had success with this method, but I've never heard of an immigration attorney advocating it though as it is not certain to succeed.

He said it was a better option than what?
Did he have an opinion about a fiancé visa?
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Old Aug 8th 2002, 9:24 pm
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I just read a post about the Tampa thing and people being denied AOS because they got married too soon after entry into the US. How soon after you enteretd the US did you get married? Did they question you when you went for AOS?

Thanks
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Old Aug 8th 2002, 9:34 pm
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He said I could go with the Fiance visa, but said it took 4-6 months, and if greg wanted to visit during that time, they might deny him entry with a K-1 in process. He also said that it was more complicated with Work Authorization... (the K-1) He basically said if I didn't want to be apart from greg, the marriage visa would be the better option as he would be able to be in the US while the process was taking place...
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Old Aug 8th 2002, 10:30 pm
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No one can come out and tell you ... yes that is the most expeditent way to go, even if it is frowned upon. INS makes allowances for this in their I-485 but they can be hard nosed about it and make you prove you hadn't planned on going this route in the first place.

The choice is yours to make. You have the legit way of the Fiancee Visa or the suggested way of your attorney consultant.

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Old Aug 8th 2002, 10:45 pm
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Originally posted by beyness
He said I could go with the Fiance visa, but said it took 4-6 months, and if greg wanted to visit during that time, they might deny him entry with a K-1 in process. He also said that it was more complicated with Work Authorization... (the K-1) He basically said if I didn't want to be apart from greg, the marriage visa would be the better option as he would be able to be in the US while the process was taking place...
Your lawyer has given you the best-case scenario for a tourist visa adjustment, and a worst-case scenario for a fiancé visa. If you want to make an informed choice between the two, you really need to look at them in a more balanced light.

In reality, you have a good chance of encountering no problems with entering on a tourist visa. Others here have proven that. But it is possible to be questioned closely and to flunk the inspection. The downside is rather inconvenient if this were to happen.

In reality, a fiancé visa ex London takes 2-3 months, not the 4-6 months that the lawyer has suggested (yes, it can take 6 months, but the vast majority are dealt with in a fraction of this time, unless the immigrant is voluntarily lengthening the process). Other than the waiting time, you are fairly well guaranteed of smooth sailing ahead with the fiancé visa with almost zero chance of a catastrophic outcome.
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Old Aug 9th 2002, 12:16 am
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Which service center would you need to apply through? If it is NSC, they are running 100 days for approval and a little more. If you're going through VSC, they have been spitting them out in a week or two. If your lovey is in the UK, they will open a provisional file and virtually have the interview scheduled before the police report is available.

Sorry if my jealousy shows, but it will take longer for my approval to make it from NSC to the consulate in China than it will take for your K-1 to be issued from the date you first file. Oh ya, when mine gets there - they play with it for another 3 - 4 months. Of course, they quit issuing K-1 and K-3 visas on 8/1 and no one knows when they will start up again.

If you can short-term a K-1, that's the 'approved' way to go. If you are in a time-warp like me, maybe the tourist adjustment is a better option. Just wait more than 60 days before you tie the knot. Good Luck.

-Don
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Old Aug 9th 2002, 12:20 am
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In article <[email protected]>, beyness
<[email protected]> wrote:

    > I just went to an immigration attorney for a (what I thought was going to be) a
    > simple consultation and he completely thwarted my hard work and plans and told me
    > the better option would be for Greg to come over on a tourist visa, keep "the
    > element of doubt" about whether we were going to be married or not, then "decide"
    > to while he is here, do it, then get a marriage visa. he said he could get Work
    > Authroization within 4-6 weeks after we filed. he has a great reputation for being
    > an amazing attorney...should I believe all this or do you think it's a load of
    > bullocks?!
    > It is the complete opposite of what I've heard from everyone here and other
    > people...
If this attorney deals routinely with your INS office, then he may be rather
confident about this. The KEY, however, is a SAFE entry, with no lies being told,
and the INS officer letting him enter. These are not "sure things." Some get lucky,
some don't.

matta
 
Old Aug 9th 2002, 10:49 am
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Look at my timeline.....now a little over 2 months and everything legal, best way as
I can see it. If your fiance gets to the POE and slips up in any kind of way, or the
officer has a gut feeling he can deny him entry and if I am not mistaken ban him from
re-entry for how ever long a period of time. Why take the chance...do it legal and
make it easier for the INS and for yourself for that matter. You will be looking over
your shoulders for the next few years wondering if something or SOMEONE might slip up
or get mad and report it...or get jealous and report it...I am not meaning anyone on
here..just in general. Do it legal so you don't have to worry about it. A little over
2 months is well worth the wait without the worry.

--
Cheers, Sheila (U.S.C.) Clive (U.K.C.)
6/17/02- Mailed I-129f petition to TSC from the United Kingdom

6/18/02-Received first NOA from TSC

6/19/02-Mailed London Embassy paper work off to open provisional file

6/20/02- Received 2nd NOA from TSC

6/21/02- Received Interview date for London on 9/03/02 beyness
<[email protected]> wrote in message news:[email protected]...
    > I just went to an immigration attorney for a (what I thought was going to be) a
    > simple consultation and he completely thwarted my hard work and plans and told me
    > the better option would be for Greg to come over on a tourist visa, keep "the
    > element of doubt" about whether we were going to be married or not, then "decide"
    > to while he is here, do it, then get a marriage visa. he said he could get Work
    > Authroization within 4-6 weeks after we filed. he has a great reputation for being
    > an amazing attorney...should I believe all this or do you think it's a load of
    > bullocks?!
    > It is the complete opposite of what I've heard from everyone here and other
    > people...
    > Please advise! Thanks....
    > --
    > Posted via http://britishexpats.com
 
Old Aug 9th 2002, 11:25 am
  #12  
Andy Platt
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Default Re: Oh My God!

Read the section on adjustment of status from a tourist visa on this site first:

http://www.mindspri-
ng.com/~docsteen/visainfo/visainfo.htm


Andy.

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I'm not really here - it's just your warped imagination. "beyness"
<[email protected]> wrote in message news:[email protected]...
    > I just went to an immigration attorney for a (what I thought was going to be) a
    > simple consultation and he completely thwarted my hard work and plans and told me
    > the better option would be for Greg to come over on a tourist visa, keep "the
    > element of doubt" about whether we were going to be married or not, then "decide"
    > to while he is here, do it, then get a marriage visa. he said he could get Work
    > Authroization within 4-6 weeks after we filed. he has a great reputation for being
    > an amazing attorney...should I believe all this or do you think it's a load of
    > bullocks?!
    > It is the complete opposite of what I've heard from everyone here and other
    > people...
    > Please advise! Thanks....
    > --
    > Posted via http://britishexpats.com
 
Old Aug 9th 2002, 11:57 am
  #13  
Matta Harri
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Default Re: Oh My God!

In article <[email protected]>, "CP"
<[email protected]> wrote:
    > Look at my timeline.....now a little over 2 months and everything legal, best way
    > as I can see it. If your fiance gets to the POE and slips up in any kind of way, or
    > the officer has a gut feeling he can deny him entry and if I am not mistaken ban
    > him from re-entry for how ever long a period of time. Why take the chance...do it
    > legal and make it easier for the INS and for yourself for that matter. You will be
    > looking over your shoulders for the next few years wondering if something or
    > SOMEONE might slip up or get mad and report it...or get jealous and report it...I
    > am not meaning anyone on here..just in general. Do it legal so you don't have to
    > worry about it. A little over 2 months is well worth the wait without the worry.

A couple of facts: (I'm no lawyer, bear in mind)
1. A person who enters on visa waiver, and then filed for AOS based on marriage after
entry: IF the AOS is denied for any reason, that person can be deported
immediately with no recourse, as one signs away legal recourse on the I-94W form
that is used when you enter the US.

2. An officer can ban one for *any* period of time at the port of entry, even a
lifetime, and this has no legal appeal under current law. While obviously this
does not happen very often, you just never know when you will catch an immigration
officer on a bad-hair day right after the night his wife walked out on him, and be
the unfortunate recipient of his wrath.<grin>

matta
 
Old Aug 9th 2002, 12:15 pm
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Default Re: Oh My God!

"Matta Harri" <[email protected]> wrote:

    > A couple of facts: (I'm no lawyer, bear in mind)
    > 1. A person who enters on visa waiver, and then filed for AOS based on marriage
    > after entry: IF the AOS is denied for any reason, that person can be deported
    > immediately with no recourse, as one signs away legal recourse on the I-94W form
    > that is used when you enter the US.

This part is not correct. You still can appeal the AOS decision all the way up to the
BIA if necessary even if your were paroled into the US or entered on the visa waiver.

    > 2. An officer can ban one for *any* period of time at the port of entry, even a
    > lifetime, and this has no legal appeal under current law. While obviously this
    > does not happen very often, you just never know when you will catch an
    > immigration officer on a bad-hair day right after the night his wife walked out
    > on him, and be the unfortunate recipient of his wrath.<grin>

They don't decide the length of the ban, they decide the category they are
denying you under and that sets the duration. Although a supervisor has to agree,
there are some categories they can pick that are almost impossible to refute and
you are screwed!

Andy.

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Old Aug 9th 2002, 12:58 pm
  #15  
Matta Harri
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In article <[email protected]>, "Andy Platt" <[email protected]> wrote:
    > This part is not correct. You still can appeal the AOS decision all the way up
    > to the BIA if necessary even if your were paroled into the US or entered on the
    > visa waiver.

That is not what it says on the I-94W form: "I hereby waive any rights to review or
appeal of an immigration officer's determination of my admissibility, or to contest,
other than on the basis of an application for assylum, any action in deportation."

Can you cite some cases of BIA decisions based on appeal from visa waiver other
than assylum?

matta
 

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