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My fiance and I plan to marry, but ESTA problems?

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The wedding is planned for September 30. His ticket is bought. But, he is on an ESTA. Well, we watched a video from a lawyer that our friend used for him and his wife during their journey They went through the fiance visa, though, not spousal.

We realize Martin has to say that his intentions about coming to America on his ESTA visa is that he is coming to visit his fiancé, his friends, and then go back on October 10 to England. We know the documentation he needs: the ticket back for the 10th, his slip from his employer saying what day he is expected back to work, the day before he leaves England of his bank statement, etc. But, how often do the border patrol agents tell folks they can't come in on the ESTA visa said to get married and make them go back and not even come into America?

Also, since we are probably going to get a lawyer (I have a joint sponso and want all my ducks in a row), does anyone have any ideas of which lawyer to use? And your stories about what lawyer you used / are using and how he/she helped?


Some of my favorite quotes:

"There are not enough words in the English language to describe how much I love you. I want to serve you for the good of us. Your smile. I never tire of seeing your smile. I'm patient; you're worth waiting for. I want to marry you." - My sweetheart, 4/8/15

"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan.

"Poets have been mysteriously silent on the subject of cheese." G.K. Chesterton

"To live is the rarest thing in the world. Most people exist, that is all." Oscar Wilde

"To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment." Ralph Waldo Emerson

"A day without sunshine is like, you know, night." Steve Martin

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there is a fine line between

--coming to usa, get married, returning to home country

versus

--coming to usa, get married, and staying

it's a lot of the same words, but people get tripped up on the last bit, thinking it's all the same problem.

But to your question on what happens at the border - the CBP goon is supposed to let him in, given all the truthiness of the situation, but be prepared to show those strong ties back to the UK.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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***Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is primarily about VWP entry procedures and not the US spousal visa process.***

**Moderator hat off**

CBP has complete discretion on whether or not to allow entry. While their questions must be answered truthfully, there is no requirement or necessity to volunteer information that is not asked for. Carry the evidence of ties so it is there in case it is needed.

If you or the intending immigrant have no major issues that would create red flags which would hinder approval of the petition or visa, then all a lawyer will do is fill out the forms for you. You still have to do all the busy work and gather the needed documentation to send to the lawyer. Furthermore, sometimes lawyers don't always do it right leading to unnecessary confusion and delay in the process that maybe would not have otherwise occurred.

Ultimately, the decision on whether or not you decide to retain a lawyer can only be made by you.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thanks for all of this information.

Because I feel this is (or may be) a weird case, we were going to go with an attorney. Can I get your thoughts on this?

I am disabled, yet I am still awaiting SSDI. I am, for the most part, bedridden. About 75% of every day is in bed.

Because the judge is a hard judge, even though I have MANY doctors who have filled out narratives for the judge saying no way can I work, the judge STILL is denying me. Honestly, it's criminal, in our and many people's opinions. I have zero income because of this. The state if Missouri considers me disabled and I have a full time state run caregiver to make my food, grocery shop, even help me to the bathroom if needed.

Well, that's all fine and dandy, and I am ever grateful I finally got the STATE to agree I am disabled, however, FEDERAL is a whole 'nother ball of wax.

Two separate entities. State disabled allows for:

*** Full time caregiver

*** Medicaid

*** Food Stamps

*** No monies because they ship me off to Federal, so that leaves a person like me who worked VERY hard at work for years nearly homeless

Furthermore, the Disability, Federal SSDI, lawyer said a few weeks ago that the judge is STILL not satisfied even after all the doctors, 2 State doctors, that I am State Disabled, and was even put through a hearing with the judge for 59 minutes of questioning, that even though we have gone through the entire process and all the way to hearing, the judge wants ANOTHER hearing where he questions the latest doctorn. This is like unheard of. I know because usually was on SSDI for 10 years, so I know the process well. Okay, lawyer says it may take ANOTHER year for the next hearing. *you practically have to be in your coffin to get SSDI nowadays*

So here goes.... since this is all happening, I have no viable income anymore. None. Zero. Zip.

I have to have a joint sponsor.

Okay, but... Will they frown on my submission for my husband to come over (when I file in October) because I receive food stamps, have no income, am I'll, and still awaiting the judge to approve my SSDI case?

Again, I do NOT receive welfare money because the State considers me disabled. I don't qualify for welfare money (I think that's what it's called), but I do get food stamps so at least I'm not starving. Yeah for not starving lol

(No, I do not have family to help if that is going to be a question... I have had to live off the generosity if friends to keep me from homelessness while we await SSDI)

Will my receiving State aid hinder my filing for my husband once we are married?


Some of my favorite quotes:

"There are not enough words in the English language to describe how much I love you. I want to serve you for the good of us. Your smile. I never tire of seeing your smile. I'm patient; you're worth waiting for. I want to marry you." - My sweetheart, 4/8/15

"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan.

"Poets have been mysteriously silent on the subject of cheese." G.K. Chesterton

"To live is the rarest thing in the world. Most people exist, that is all." Oscar Wilde

"To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment." Ralph Waldo Emerson

"A day without sunshine is like, you know, night." Steve Martin

event.png

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Forgive typos. I type with my voice for the most part and forget to edit LOL


Some of my favorite quotes:

"There are not enough words in the English language to describe how much I love you. I want to serve you for the good of us. Your smile. I never tire of seeing your smile. I'm patient; you're worth waiting for. I want to marry you." - My sweetheart, 4/8/15

"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan.

"Poets have been mysteriously silent on the subject of cheese." G.K. Chesterton

"To live is the rarest thing in the world. Most people exist, that is all." Oscar Wilde

"To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment." Ralph Waldo Emerson

"A day without sunshine is like, you know, night." Steve Martin

event.png

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Since you have a well qualified co-sponsor, I don't think it will be a major issue that you have no income/ only SSI.

They may have some question for him at interview to make sure you two have a bonafide relationship and he is not coming over (solely) to be your caregiver.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I think this is the one where they have yet to meet.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No. We met LOL... we are engaged.

No, I do not receive SSI. No income, remember?

I have a photo album started a couple weeks ago on here showing us together.

Photos.... we have about 70 photos of us, but here are a few...

http://www.visajourney.com/gallery/thumbnails.php?album=lastupby&uid=206807


Some of my favorite quotes:

"There are not enough words in the English language to describe how much I love you. I want to serve you for the good of us. Your smile. I never tire of seeing your smile. I'm patient; you're worth waiting for. I want to marry you." - My sweetheart, 4/8/15

"Within the covers of the Bible are the answers for all the problems men face." Ronald Reagan.

"Poets have been mysteriously silent on the subject of cheese." G.K. Chesterton

"To live is the rarest thing in the world. Most people exist, that is all." Oscar Wilde

"To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment." Ralph Waldo Emerson

"A day without sunshine is like, you know, night." Steve Martin

event.png

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