Michael

I you are not entering on a K-1 visa, giving up you flat and belongings in the UK, and having a wedding reception, it will be difficult to convince the adjudicating officer during the AOS interview that you did not have intent to remain in the US and could possibly be denied adjustment of status since it is illegal to enter the US as a tourist with intent to remain and adjust status.

As far as your debts, the creditors may turn over your debts to a collection agency to harass you but if will be very difficult for the agency to find a US court that will accept jurisdiction. Even if they can find a court to accept jurisdiction, small claims court usually have a maximum of $5,000 and superior court is expensive. Then even if a judgment is awarded, they still can't get the money unless you volunteer to pay and then they will have to find your employer and bank accounts and start garnishment proceedings. Usually they don't go through the hassle since the person usually files bankruptcy leaving them with large court and layer's fees. Also if a court proceedings is not started within 3 years for most debts (varies from state to state), the statute of limitations runs out.

hungryhorace

+100 to this advice, though I will say that a friend of mine did entirely the same thing a few years back and converted to GC (and now USC) absolutely fine.

You are running a risk if the POE officer starts digging though. My friend had 2 hours of secondary questions as he had spent more time in the US than the UK over the last 12 months. They still let him in.

Noorah101

In a case like yours, the legal ASAP is around 8 - 10 months.

That said, many people take the illegal route and it works out for them. It just depends on your risk tolerance. As I suggested, have a talk with your fiancee to make sure she's OK moving to the UK if things go wrong with your AOS. Or, take the legal route and do an Immigrant Visa process.

Rene

mikelincs

But if you don't go about it the right way, then there is every possibility that you will be removed from the USA, and get a ban for many years to enter the country again. These people giving you advice know what they are talking about, and you would do well to listen to the voice of experience. If you leave debt in the UK and move to the US, and then get sent back you will be in serious trouble, you will find that your debt has increased, you may have CCJs, you won't be able to get credit, in short you will be in deep doodoo. Much better that you do the legal way, get married over there by all means then come back here and do the full visa process, then when you do leave, even if you still have debts, you will know that you are not going to be deported.

Jerseygirl

I would contact the people I owe money to. Tell them your position and that you would like to settle the debt in installments you can afford. They may well reduce it and decide on small repayments you can afford...after all to them a small payment is better than nothing. It's the right thing to do. We have heard of relatives in the UK being chased by debt collectors. That can be very upsetting for an elderly parent.

You say you will not want to return to the UK...but never say never. This is not the land of milk and honey it is often made out to be and don't underestimate homesickness.

Good luck to you and do take notice of the advice from the folk in the US Marriage Visa forum.

Nutmegger

Do you really think that you are the only couple wrestling with this? Everyone who has ever been in a long-distance relationship has hated being apart -- just read the marriage forum -- but they go through the proper channels to be together. And observing the posts over the years, those you make desperate choices are the ones who frequently don't stay the course and are miserable here. It sounds as if you would be in worse shape than most if you had to return to the UK, so please make your plans sensibly. Have your summer wedding if you want, but then return to the UK and set the ball rolling for a legal return to the US.

AmerLisa

You're having a laugh, aren't you?

Nutmegger

Is she ready for the legal fees that will be necessitated by your not returning to the UK in a timely fashion? That process is not a DIY job.

Awesome Welles

I know this might be a totally alien concept - but did you ever consider actually doing the right thing for a change?
I know it's often harder, requires a little bit of integrity and honesty and responsibility - but most grown-ups seem to be able to manage it.

Michael

Also when entering under the visa waiver program, you gave up your right to appeal if you are denied adjustment of status and will be put into removal proceedings. Do you want to risk that? Even if you could appeal (allowed under a B2 visa), lawyers fees could be very large and it could take 5 years or more for a decision to be rendered.

Also some districts are strict about allowing an adjustment of status from a visa waiver program entry than other districts.

Jerseygirl

materialcontroller

Inability to pay is as easy as saying you have no job, no money and no assets. The official receiver can't get blood out of a stone.

GeoffM

You really think it's as easy as saying, "yeah mate, I've got no money"? No, proof is required.

The OP also never said he had no money or assets (I'll agree on the job). Having debts that he wants to walk away from is not the same as not having the ability to pay. Mind you, he also confusingly says he intends to pay them off in time.

lansbury

Jerseygirl

Sounds like a cop out to me.