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-   -   visa help needed: URGENT and desperate! (https://britishexpats.com/forum/usa-57/visa-help-needed-urgent-desperate-401111/)

nancypancy Oct 8th 2006 11:48 am

visa help needed: URGENT and desperate!
 
Hi i was hoping i could get some advice, i am at a bit of a loss.
I came here on the general green visa waver form (the one you fill in on the plane) I think it lasts for three months and I have been here longer than that so I imagine i class as being here illegally. (I came here easter this year)
I maybe getting married in January but how i will go about this I do not have a clue, am i best to go home and apply for the fiancee visa and come back? Or is it best to marry him and apply for greencard/whatever straight away.
Also the greencard forms, do they ask for certificates of Education (degree) and all that? because I have lost everything.
I have looked and searched and read so much on the internet and everything is contradicting the thing before, I would really appreciate some advise from people who know about this from personal opinion,

any idea is great as this is causing us both a lot of stress!

dbj1000 Oct 8th 2006 11:54 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
Hi i was hoping i could get some advice, i am at a bit of a loss.
I came here on the general green visa waver form (the one you fill in on the plane) I think it lasts for three months and I have been here longer than that so I imagine i class as being here illegally. (I came here easter this year)
I maybe getting married in January but how i will go about this I do not have a clue, am i best to go home and apply for the fiancee visa and come back? Or is it best to marry him and apply for greencard/whatever straight away.
Also the greencard forms, do they ask for certificates of Education (degree) and all that? because I have lost everything.
I have looked and searched and read so much on the internet and everything is contradicting the thing before, I would really appreciate some advise from people who know about this from personal opinion,

any idea is great as this is causing us both a lot of stress!

There are specific forums on this site for Immigration, Visa and Marriage-Based Visa questions. You'll get more luck there:

Immigration
Visas
Marriage-Based Visas

I'm afraid you have good reason to be worried - you're here illegally and risk being banned from re-entry to the US. Regardless of the replies you get on these boards, you need to seek advice from an experienced Immigration lawyer ASAP.

BritGuyTN Oct 8th 2006 12:23 pm

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
Hi i was hoping i could get some advice, i am at a bit of a loss.
I came here on the general green visa waver form (the one you fill in on the plane) I think it lasts for three months and I have been here longer than that so I imagine i class as being here illegally. (I came here easter this year)
I maybe getting married in January but how i will go about this I do not have a clue, am i best to go home and apply for the fiancee visa and come back? Or is it best to marry him and apply for greencard/whatever straight away.
Also the greencard forms, do they ask for certificates of Education (degree) and all that? because I have lost everything.
I have looked and searched and read so much on the internet and everything is contradicting the thing before, I would really appreciate some advise from people who know about this from personal opinion,

any idea is great as this is causing us both a lot of stress!


I would personally get married immdieatly and file for adjustmet of status

does your partner have a reasonable job? this may come in useful for the affadavit of suppport and any punitive fines that may come your for was being out of status. I would get married before sending in any forms.

purely my own speculation and not legal advice...

Rodney you plonker Oct 8th 2006 12:33 pm

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
Hi i was hoping i could get some advice, i am at a bit of a loss.
I came here on the general green visa waver form (the one you fill in on the plane) I think it lasts for three months and I have been here longer than that so I imagine i class as being here illegally. (I came here easter this year)
I maybe getting married in January but how i will go about this I do not have a clue, am i best to go home and apply for the fiancee visa and come back? Or is it best to marry him and apply for greencard/whatever straight away.
Also the greencard forms, do they ask for certificates of Education (degree) and all that? because I have lost everything.
I have looked and searched and read so much on the internet and everything is contradicting the thing before, I would really appreciate some advise from people who know about this from personal opinion,

any idea is great as this is causing us both a lot of stress!

Do not leave the country, you may not get back in. Get a lawyer ASAP.

JP24 Oct 8th 2006 1:01 pm

Re: visa help needed: URGENT and desperate!
 
I'm sure a Lawyer is the best option but you can contact www.catholiccharitiesusa.org .They offer immigration help and advice, they helped me and only cost $50 to complete all the forms for us and answer all of our questions. They are a catholic charity but you dont have to be catholic to receive help. Hope this helps
P.S Do not leave the country!

nancypancy Oct 8th 2006 1:03 pm

Re: visa help needed: URGENT and desperate!
 
thank you for the link, it sounds very helpful, i definetly wont be leaving the country now!
to think, we were actually planning to go home and then come back because we thought it would be easier that way!

JP24 Oct 8th 2006 1:06 pm

Re: visa help needed: URGENT and desperate!
 
Your welcome. If you do leave they can slap you with up to a 10 year ban on your passport to prevent you from returning.

Ray Oct 8th 2006 4:21 pm

Re: visa help needed: URGENT and desperate!
 

Originally Posted by JP24
Your welcome. If you do leave they can slap you with up to a 10 year ban on your passport to prevent you from returning.

Utter nonsense..she is not even liable for a automatic ban yet
Ignore all the advice you read here ..seek advice from an aila lawyer
find one here....
www.ailalawyer.com ..and act on that advice only ...

anabella Oct 8th 2006 11:19 pm

Re: visa help needed: URGENT and desperate!
 
I am no expert and I agree with Ray, you should seek advise from a pro.. but it looks like many people enter the US illegally or eventually become illegal like yourself and by marrying a US citizen they are able to stay legally.

Good luck


Originally Posted by nancypancy
Hi i was hoping i could get some advice, i am at a bit of a loss.
I came here on the general green visa waver form (the one you fill in on the plane) I think it lasts for three months and I have been here longer than that so I imagine i class as being here illegally. (I came here easter this year)
I maybe getting married in January but how i will go about this I do not have a clue, am i best to go home and apply for the fiancee visa and come back? Or is it best to marry him and apply for greencard/whatever straight away.
Also the greencard forms, do they ask for certificates of Education (degree) and all that? because I have lost everything.
I have looked and searched and read so much on the internet and everything is contradicting the thing before, I would really appreciate some advise from people who know about this from personal opinion,

any idea is great as this is causing us both a lot of stress!


Manc Oct 9th 2006 3:37 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
this is causing us both a lot of stress!

being an illegal immigrant will do that......

nancypancy Oct 9th 2006 4:02 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by Manc
being an illegal immigrant will do that......

thank you, although i was looking for advice rather than smart ass comments.

Elvira Oct 9th 2006 4:35 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
thank you, although i was looking for advice rather than smart ass comments.


Wrong forum! ;)

scrubbedexpat099 Oct 9th 2006 4:35 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by anabella
I am no expert and I agree with Ray, you should seek advise from a pro.. but it looks like many people enter the US illegally or eventually become illegal like yourself and by marrying a US citizen they are able to stay legally.

Good luck

She did not enter illegally.

Generally you can not adjust in the US if you did so.

scrubbedexpat099 Oct 9th 2006 4:37 am

Re: visa help needed: URGENT and desperate!
 

Originally Posted by nancypancy
thank you, although i was looking for advice rather than smart ass comments.


You complain about the stress imposed by an action you deliberately took....

A bit like headbutting a brick wall and complaining your head hurts, understandable in a 2 year old, maybe.

Bob Oct 9th 2006 5:38 am

Re: visa help needed: URGENT and desperate!
 
Well you got advice on what to do, which is marry and AOS, the bar, that depends on exactly when you entered, the VWP is good for 90 days, not 3 months, and if stayed over 180 days it's a 3 year bar, 10 year for overstay of a year. Also won't be allowed to use the VWP again.

Your spouse to be will sponsor you, and will need to show that has finances to cover your household size, if not, would require a joint sponsor, someone who is either a US citizen or LPR who lives here in the States.

To AOS, you don't need to show your education, but depending on what type of work your looking for, once you get your EAD, you might need to get your degree qualifications transfered, might not, and who by would depend on what the job is, and to do that, you'll need your certs, if you don't have them, give your uni a shout and they should provide copies.

At the mo, you can't work, you can't get an SSN, you can't travel aboard if you want to get back to the US and you face the possibility of being deported.


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