Hi all,

I've recently got married to my beautiful american wife. I undrstand i now need to fill out alot of forms etc but have a few questions i need answering that i just simply can't seem to find the answers for anywhere.

1. I had travelled to the us alot on the Visa waiver program and began to get scrutinised after the 4th/5th time, i was advised by the embassy to apply for a b1/b2 visa... i went for the interview and it was refused because i din't have strong enough ties to the uk.. Will this affect my chances of getting anywhere in the process ok K3 or any other forms i now need to fill out?

2. I'm currently in the us, i was told by the uscis i can stay until the forms are filed back to me, is this true? Can i stay now we are married? Am i likely to be deported? I need to know if theres any risks about what i've done.
I've simply come to usa and got married and want to stay.. is this ok?

Any help would be really appreciated.

Thanks

You need to contact a good immigration attorney for personal advice.

But you should know that it's your wife (the petitioner), who starts the K3 process for you (the benificiary). She fills out most forms, not you. Once she has proved she's eligible, and her petition is approved, then you have permission to apply for a visa. That could be several months down the road. Generally, the foreign spouse goes back to their country to wait.

What is your status in the States now? Do you have any kind of visa? I believe that if you entered legally and married on the spur of the moment, you may be eligible to apply for AOS (Adjustment of Status). You would not be allowed to leave until (and if) it was granted. And you'd be on the hook to prove you did not have immigrant intent when you entered. Might be difficult given your history.

To your first part, i don't want to return to the uk, and i thought by her filing the forms i was able to stay here until they clear so to speak.

My current status.. I came on the VWP and got married and basically don't want to leave her now coz ofcourse we have just got married... I don't know what to do

Thats the other really difficult thing, if i wasn't advised by the embassy to get a b1/b2 visa i'd never of gone for the interview, i went and got refused!! after they advised me to go for it. Now i have that hanging over me and i'm scared now were married that will haunt us and things won't get approved.. What does a guy have to do to stay with his wife??? its insane

I mean thats a whole new question in itself.. If you've come from the uk to get married in usa do you have to leave? should you leave? do people leave in order for the forms to get processed?

Surely once a couple are married they can stay together?

God i have such a headache

Any helps really appreciated guys... thankyou

Read here:

http://www.visajourney.com/forums/index.ph...page=i130guide2

How long have you been over already? You could do AOS and stay but there is a big risk with doing so. Generally, the USC petitions for the pending immigrant (yourself). If she applies for the K-3, it would bring you back over quicker potentially...the downside to that it that you dont have the immediate immigrant visa and will have to apply for social security number and the right to work whild doing the AOS,she can apply for the CR-1 which takes longer to get you over BUT, it is the grand daddy of all visas and will allow you to work etc.

my thoughts to you is that you get a good lawyer because you have one flaw...you have already been denied for a visa. Make sure you do your homework when you hire a lawyer because there are some out there that dont work on immigration all the time. Also, you need to let reality set in and realise that you will potentially be apart for months. You need to realise that that is the unfortunate fact about the whole immigration process. Unless your wife can do like what I did, and go stay with you in the UK while you both wait for your approval. She would have to keep some sort of domocile and make sure she has an address to put down on the forms in the US...I have all of mine sent to my friends house who said that Ian and I can stay with while we look for our own home. She just forwards me all the mail sent from immigration.

Take your time, and breathe in..breathe out....this is going to be a long ride...but you obviously love your wife and she is worth it...

LJ

I've only been over a month, so essentially i have 60 days left before i have to leave, but i love her so much i don't want to leave, i don't know why i got the impression from the uscis i could stay whilst this was all being processed. SO i guess i can? but with my refusal lurking its a big risk?

These should be happy times, i'm in a complete state. The thought of having to leave my wife is killing me.


I guess there really are no shortcuts..

That's why we filed for the K1. We knew once we were married we wouldn't be able to be apart.

You CAN stay while you apply for Adjustment of Status (AOS), but this could take several months to a few years to complete, and during that time, you will not be able to leave the country to go back home to get your things, or for family weddings or funerals. You'd be pretty much stuck here in the US until you have that green card in your hand. I've known of a few people unable to leave for nearly 3 years.

You also may not be able to work for several months, or until you get the green card. If money is an issue, this could be a problem.

Also, because you entered on a visitor visa (waiver program included) if your AOS is denied you have no avenue for appeal AFAIK. If however you leave the US and wait out the K3 or CR1 petition and application in the UK, then once you have that, you're pretty much guaranteed able to stay with your spouse, barring any unforseen criminal activity or inability to comply with the AOS process for some reason, of course.

Really have a talk with an experienced immigration lawyer to find out all the ins and outs and pros and cons of staying to apply for AOS vs. leaving to apply for K3 or CR1. Read the guides here and weigh all the options for better or worse. If your AOS is denied here, is your wife willing and able to move to the UK? Their immigration proceses for spouses is somewhat easier to get thru.

You can file for AOS and file for EAD it will take no longer than anyone elses case to be deceided on and as soonas the EAD is approved and you have received the card you can work...

Yes there are risks you could be denied (as could any K1 or K3) and have to go home and apply for a K3...

You may be asked for proof that you intended to return to the UK after you got married... most people are not asked for proof...

It took 181days from the time I filed all the paper work to being approved at interview... so not to long at all...

Here is a link to the guide that will explain what form you need to file and info about getting the medical and such....

http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

Kezzie

Sorry to hear you were mislead into thinking you could do all of this while still being with your wife. Try not to feel hopeless, it isn't the end of the world despite feeling like it is. My husband has often said to me, I didn't want to leave you for one minute much less as long as it has been now. Yet he has also stated he would do this all again. At first being apart seems like the most horrible thing you will ever have to do, but with a strong love, devotion, communication and respect for one another it can be done just ask everyone on this site. I'm not great on the ins and outs of the various visas, but can be helpful on the emotional side of it if you ever just need an ear. Our process had many set backs for various reasons, so our timeline is certainly not one to look at if you want to feel hopefull. I am here to tell you that after a very long time, my husband and I will be reunited next Friday and we survived it, so you can too.

Whatever route you go, keep strong for each other because none of it is easy everyday. It will all work out, just get on the move and find out what you need to do or not do. Just don't overstay! You have a couple of months to get things going, I would start first thing tomorrow morning.

Bethanie

Don't forget ...for those of you telling him it is ok to stay and that he can apply for AOS, he has already stated that he was denied a prior visa application. This will affect his process.To the OP Again, get a lawyer and a good one but do it soon. And like tim and bethanie stated, don't overstay!!!! Not to add salt to open wounds here, but you really should have looked into this properly before getting married. I can't see anyone at USCIS making any comments that would make anyone believe that they would be able to stay in the country. They are going to advise you to leave then apply for any type of visa. Please don't take that the wrong way, but it is the truth. Like they say, you make your bed...now you are going to have to lie in it. Goodluck with what you do..

LJ

Yep... I was gonna say 'haste makes waste' but you said it more eloquently.

Will being denied a b1/b2 visa that THEY suggested i apply for in the first place really affect this? If so that's really unreasonable and unfair. I had been travelling alot to usa on the vwp and it looked like i was abusing it so on all parties i was recommended the b1/b2 to travel.. the immigration tell me the embassy tell me, so i go, get refused..

Surely this would be treated as a new case? yet might just be looked at a lil deeper because of my previous denial on a b1/.b2 But if i supply the truth as to what happened and explain everything, i can't see why i'd get rufused again.

This is so difficult! and i've actually not done one thing wrong. I travelled to usa on visits, i always left legally within 90 days, ive married legally.. what am i supposed to do?

Alot of people are saying get a good attorney too, can anyone point me in the direction of a "good" attorney.

I'm sorry if i seem hasty or ignorant towards certain issues but i was totally unaware of how much ###### i would now be in.

You still haven't done anything wrong at this point.I am sure all of this can be sorted out so long as you stay on top of what you need to do in order be legally here in the U.S.

Another good place to join and ask questions is British expats http://britishexpats.com/.

I only talked to these people once, they have a man on their team that was the regional supervisor for my area (Louisville KY) he retired after thirty years, he seemed to know what he was talking about. http://www.dennisclare.com/contactfirm.html Take the time and keep asking and waiting for suggestions before you make a choice who you are going to use. Maybe call some local firms and ask around, even the law board for the state your wife is from. Do your homework on whoever you choose, as you go through this process you will soon learn there are lawyers who have very little knowledge on immigration which will only cause you delays.

You will soon find that the general population of America has no clue about immigration. Can't tell you how many times I have told someone we are going through immigration and my husband is still in England and they say "why? you could have just married and he stayed here". Don't listen to half of what you hear, and never assume anything.

What you are supposed to do, is adjust your status legally.

You can attempt to do this from within the US. As previously stated, you will not be able to leave the US until the process is complete. You will not be able to work until you have the proper authorization. These things can take time, from a few months to a few years. When being interviewed, the burden of proof will be on you. You MUST be able to prove that you did not enter the US with intent to marry and stay. Since you were denied a tourist visa for failure to prove sufficient ties to the UK, this will not be easy-the interviewing officer will be looking for those same ties. If you are denied your AOS, you will have to return to the UK and file for a K-3 visa-you cannot appeal this decision. Were I you, I would not choose this route, mainly because you've already said you can't provide enough information to prove ties to the UK.

You can alternatively go back to the UK and file for a K-3. This is explained in more detail in the guides and by other posters already. Yes, you will have to return to the UK to do this, but it is a safer bet.

Good luck. USCIS has no pity on those who don't do their research beforehand...I feel for you!

thanks for the help guys, i'm truely gutted, looks like i'm going to have to go home, I spoke to a lawyer today and he told me if i try to return on the VWP again, due to my b1.b2 refusal i will be denied entry.. basically i'm F**KED

Ahhh you aren't f*cked, your wife can start doing the travelling instead.

Yeah i guess thats whats going to happen, she has 2 kids froma previous relationship so its not just a get up and go kinda situation, she has a great job in usa too, it makes this so difficult because i was in the better position for being the one to move.

Also.. When i spoek to the lawyer today he said that my recent refusal on the b1/b2 visa will have no affect on applying for other visa's. Which sounds great, but... how can he gaurentee me that? And at £300 a session with him its not cheap

Thanks again for your help guys

File your papers now. Stay here as long as you can. Till the 89th day of whatever, just make sure you are out of the country on time.

Then like Bethanie said, have her come visit you. At least it will give you something to look forward too.

He can't guarantee you anything. File the K-3 now like Rebecca stated leave on your 89th day, and if you run into problems later then hire the Attorney. So far you have yet to break the law. If you are going to try to stay and do AOS then I would strongly suggest the need for an Attorney now. That's just my opinion.

Does anyone have any suggestions for what would happen IF she moved here also?

Any help is really appreciated

Also.. i have a stamp on my passport saying about the refusal.. becasue things are electronic does that mean its held on my passport info?? My god, theres so much stff to think about

Ok the Consular said i would be able to return on the VWP if i show enough evidence i'll be returning to the uk, whereas the lawyer is saying not to even try to enter coz they will refuse me.. I don't know who to trust anymore.. can i trust anyone?

Yes... your record will follow you. You've been given good advice from the people here and now you know your options. You're getting conflicting info from govt sources but I would trust those who have had direct experience with this process... and if you are confident in your attorney's credentials, then he should be considered credible.

As far as your wife living in the UK with you, why not? As long as she can do so without any custody consequences... that might be your biggest hurdle.

How much did you know about the use/abuse of the VWP, and the fact that its not an entitlement to US entry? From what source? Just curious as to whether those who exercise the VWP are really given enough information about it...

Jen

The consular who refused mt visa said i can go back and try on the VWP but i will need a strong case to show i'd return to the uk, whereas the lawyer wrote it off straight away and told me not to even try re entering..

So who's right? The official or the lawyer? Well me knowig immigration i'd say the lawyer is right

We've also seen PLENTY of evidence on this site about attorneys being negligent....

No one can tell you where to go from here. It has to be your decision.

Really!? aaaah ok, yeah i think the consular officer should know more right, i'll just have to show a strong case at customs & immigration i guess

The operative word here is that you can 'try'.

Personally, I'd have the USC visit the UK while you await the process.

Nikkis, here's two cents from the peanut gallery:

You can drive yourself nuts asking about the previous denial and how it could affect you. Leave it alone. You also know that staying and trying AOS is risky, so leave that alone, too. Instead focus on K3 and waiting for it in the U.K., which is how it's done.

Yes, the separation will be difficult, but get over it. Like the rest of us, devise your strategies. Start thinking about your future together and how you're going to get there. She will need her good job in the States in order to sponsor you. It could take up to a year for you to be together permanently. Start living with that idea now.

There are many visitors who are denied entry because they can't produce evidence of ties that make return to their own country highly likely. It happens to Canadians all the time. Be aware that there's a point in the K3 process where this question will be asked. (Package 3.) But it doesn't have to be a deal breaker. As people here have said, as long as you comply now and don't overstay, you will most likely be fine later on.

The danger is that you're too focused on what you want rather than what immigration law demands. Stop looking for loopholes that could scotch your plans later. Stop looking for attorneys with answers you like. Start doing things that have the highest probability of success.

You have time to assemble the I-130, which is the first form required for K3. You can also start assembling the I-129f so it's ready to go as soon as she gets a receipt for the I-130. You don't need a lawyer for these, only an eagle eye to fill the forms exactly as they want and to pay the fees. (roughly $400 in total)

Sorry this is all hitting you like a ton of bricks just when you were so happy on your honeymoon. But you'll find good advice and support here and it won't cost $300 an hour. (No, it's not too early for a beer!)

No its fine i appreciate the help loads

BIG question.. does it matter that we got married in usa, i mean would there make a difference if we got married in the uk? So yeah... does it matter where we got married?

Makes no difference at all where you marry - if you mean as far as the K3 is concerned.

Well said.

If you are currently in the US, married to a US citizen and want to stay in the US until you become a Permanent Resident, speak with a lawyer about Adjusting Status.

If you are NOT in the US, youi may use the VWP, but you will have to answer the question about being refused a visa truthfully.

The B visa denial is not an issue for your future success in immigrating. Practically *no one* gets a B visa from London. The reason you were refused was for 'immigrant intent' and so it will not affect a proper immigrant application. Many, many people have gone through exactly what you describe (and feel as 'burned' as you do).

If you are not in the US, you have another path to follow. Your posts are not super clear about where you are at the moment, but if you are in the US, you really should go meet with a lawyer. Staying to AOS is not necessarily risky, IMO. So now you have a lot of opinions. You should think about getting a professional one.

Thankyou guys, it says here that i can return and wait for the forms to clear, BUT on what visa do i come back with exactly??

Says the k3 visa is desgined so that the spouse can be re united until the visa is approved, so yeah, what visa can i come back and wait with?

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

She has to file for the K3.

Jen

aaaah i see, so basically i have to stay in the uk until the k-3 is approved before i can go back, then we can file for the AOS and greencard etc etc..

God i wish there was a "simple" guide to this somewhere on the net! haha

There is - if you read the 'guides' section at the top of this forum!

fingers crossed were not refused it then! Hope the b1 refusal won't affect us, seems like it won't. Every case is treated new by the looks.

Has anyone on this forum every been denied K3?

Like Tracy said there is a guide, and there are plenty of folks to help you along the way. Start by reading through the guide for a k-3, download the I-130 and get going man! Ask if you can't figure something out, it's what we all have done.

I thought that if some one applied for a tourist visa and if it got denied....that this would not bring any problems at the interview of a k1-k3. Other people have mentioned that their denail of a toursit visa did not cause them any problems nor was it even discussed at their interview. Any feed back?

Nikkisprecious,

You have two options. Proceed with the K-3 and be prepared to wait for the visa in the UK, then return and adjust status for permanent residency, or attempt to adjust status while still here with the understanding that until approved your landlocked and that if it were to be denied there is no appeal opportunity.

For most, the adjustment while here is a good prospect, especially when the marriage was impromptu and unplanned on the last visit.

To address the confusion in the answers you received to your enquiries, the attorney's advice not to attempt to enter the USA from the UK, while awaiting the K-3 visa, on VWP was likely due to the combination of successive visits on VWP and now your immigrant intent is clearly demonstrated by a petition for the K-3. Not one, but a combination of the two, I'd suspect.

What you should be aware of in terms of success in adjustment of status while in the USA, after entering on VWP is that it not appear to the adjudicating officer that the VWP was used as a quick way to circumvent procedures and the waiting time for a proper immigrant visa. Often the state of an alien's affairs when he/she last entered the USA can indicate whether or not any circumvention was undertaken. The tricky part of adjusting in the USA after arriving on VWP is that if an alien quit his job, sold his house and gave the cat to the next door neighbour before travelling to the USA on VWP and then attempts to adjust, it can look as though preparations had been made and that it was not impromptu.

Thank you, mermaid, for putting it so clearly.
A very surprising thread!