Marriage under VWP???

[athena_ny 1]

Would the fact that I was still married be enough to prove that we had no intent to marry or what else can I show to prove this to be the case. My SO is so upset as he does not want to leave and miss the first kick, birthing classes etc and is worried that the stress of all this will have a bad effect on our baby. All your help is fantastic and we just do not want to do anything wrong.

You'll need more than just the fact you were married. One would think as you were still married you'd be fine, but you were getting a divorce, so it could possibly be thought that he was planning on waiting it out until you were divorced - so that alone won't prove there was no intent, you need other evidence as well.

[Reba 2]

did he quit his job, sell his house and all his stuff in the UK before he got here to the US?

What HE needs to prove is that he had every intention of returning to the UK at the end of his VWP stay. So if he had a job to get back to, rent or mortgage to pay on a home, bills to pay, didn't put all his belongings into storage, yadda yadda yadda, then that would be a fairly good indication that he did not intend to stay.

[gwenneh 7]

Would the fact that I was still married be enough to prove that we had no intent to marry or what else can I show to prove this to be the case. My SO is so upset as he does not want to leave and miss the first kick, birthing classes etc and is worried that the stress of all this will have a bad effect on our baby. All your help is fantastic and we just do not want to do anything wrong.

It is a powerful piece of evidence and makes for a strong case, but the interviewing officer will take many things into consideration, not just that. NO one can tell you 100% that this WILL work - it is all in the hands of the interviewing officer.

You would probably be VERY well served by having a consultation with a qualified immigration attorney who can help you make your case. A consultation will cost you little but time, and you may get some peace of mind from it.

[xaanaa 0]

He has not got a job as he took early retirement from his job so he could travel for a year. He plans on going back and starting a firm with his friend renovating houses. He has rent to pay to his parents as owning a house is crazy on the coast where he lives. All his stuff is still there and he still has bank accounts, credit cards, share schemes etc that he would need to return to sort out if he did stay and marry. He is worried that because he still lives with his parents that he has not tie on that aspect although he has got a contract with them that expires in September. I have seen this as he brought it over this time as he has been here 4 times on the VWP so needed to show his ties to the uk when he entered last time.

Thanks again everyone

[gwenneh 7]

Definitely see a lawyer. You have a few strikes against you on this - no job. living with parents (contract or no, they're still his parents, not a landlord), and multiple visits. These things will stand against you.

[xaanaa 0]

Definitely see a lawyer. You have a few strikes against you on this - no job. living with parents (contract or no, they're still his parents, not a landlord), and multiple visits. These things will stand against you.

Thanks.. I guess we may have to go the K1 route or K3 if I go to the UK with him for a few weeks.. I wish I could take my child with me as I would just go there and marry him as then stay until the k3 goes thru... there are always obstacles I guess no matter which route to take... I know we did not have the intent to marry when he came in this time but I guess making someone believe you is scary... I just really did not want to go thru a pregnancy and everything by myself. I guess with the timelines the way they are I can hope he will be here for the birth ....

[gwenneh 7]

In some ways the UK is stricter on immigration than the US - particularly where visits for marriage or visiting a spouse is concerned. When making your plans, you need to take their rules into consideration as well.

Just a friendly reminder, from someone who has traversed both sets of red tape!

[rebeccajo 14]

You should speak to an attorney before you proceed.

Your husbands adjustment of status is based upon his marriage to you. Not upon his intent to immigrate. Confusing comment?

You'll file a stack of papers with the government to begin the process. The form on top of the stack is the I485 - you might want to go to uscis.gov, have a look at the form, and read the attached instructions for it. When you send in your papers, you don't include proof of his intent to return to the UK. You include other documentation as explained on the form.

At your interview, you need to be prepared for the possibility the officer will question your husbands intent at entry. The primary focus of the interview though will be proving to the officer that your marriage is bonafide. You will need to carry proof, on that day, of both.

You can't just go over to the UK and just get married. You'll need a visa from them for that. You can go over there and visit but not marry him during that visit without such a visa.

For the foreign born spouse, one of the pitfalls of marrying in the US and filing for adjustment is that they can't return to their birth country without risking being denied re-entry until the paperwork process is complete. There are often 'details' at home that need cleared up before someone can move to another continent. Your fiance seems to have more details than the average bear. These details might be in your favor insofar as proving he didn't have immigrant intent when he last crossed the border, but they are still troublesome.

Speak with an attorney and then make the best decisions for your life as a married couple. Don't let him forget to make the best decisions for himself also. I've been married to a man from the UK for a couple of years now. He did have a life before he met me - memories of home and family back there. Don't let your man have any regrets about leaving home suddenly.

Edited January 26, 2008 by rebeccajo

[xaanaa 0]

You should speak to an attorney before you proceed.

Your husbands adjustment of status is based upon his marriage to you. Not upon his intent to immigrate. Confusing comment?

You'll file a stack of papers with the government to begin the process. The form on top of the stack is the I485 - you might want to go to uscis.gov, have a look at the form, and read the attached instructions for it. When you send in your papers, you don't include proof of his intent to return to the UK. You include other documentation as explained on the form.

At your interview, you need to be prepared for the possibility the officer will question your husbands intent at entry. The primary focus of the interview though will be proving to the officer that your marriage is bonafide. You will need to carry proof, on that day, of both.

You can't just go over to the UK and just get married. You'll need a visa from them for that. You can go over there and visit but not marry him during that visit without such a visa.

For the foreign born spouse, one of the pitfalls of marrying in the US and filing for adjustment is that they can't return to their birth country without risking being denied re-entry until the paperwork process is complete. There are often 'details' at home that need cleared up before someone can move to another continent. Your fiance seems to have more details than the average bear. These details might be in your favor insofar as proving he didn't have immigrant intent when he last crossed the border, but they are still troublesome.

Speak with an attorney and then make the best decisions for your life as a married couple. Don't let him forget to make the best decisions for himself also. I've been married to a man from the UK for a couple of years now. He did have a life before he met me - memories of home and family back there. Don't let your man have any regrets about leaving home suddenly.

I know it is a hard decision to make really as it means that when he left to come visit me he said see you in a few months to his family and friends and now it could be see you in about 6 months before he can get back there most likely if we decide to get married. That will be hard for him I think because it was so sudden and there are so many things to deal with back there and I know he helps his parents out alot and i think they would feel the crunch as well with him gone so quickly. Also all his money is tied up there except what he has in the bank that he has debit card for which is tough... It really is so many things to think about~!~! Thanks so much everyone....

[diadromous mermaid 36]

Another resource is:

http://en.wikipedia.org/wiki/Visa_Waiver_Program

[edit] Visa waiver program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from say a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travellers can leave to Mexico and other countries, but will not be granted another 90 days after reentry in the US [14].

As I said...I'd not take the chance. There is a baby involved...if this man overstays his visa he can end up with a ban to ever re-enter the USA. I've heard of many cases where if a person applies thinking they are eligible for AOS...but later are denied...due to ineligibility to file to begin with...they then are guilty of overstaying in this country..a VWP visit is good for up to 90 days..anything over..is an overstay and subject to deportation and a ban from the USA for 3-10 years or permenantly. With a baby on the way...I'd not take the chance. One is ONLY eligible to change status for ANY reason if they are here WITH a valid VISA to begin with. VWP participants are NOT here with a visa...therefore NOT eligible to change status.

First, please select your sources carefully and certainly check their veracity before simply going off half-cocked!

Changing immigrant status and adjusting status by virtue of having married a US citizen are entirely different. Yes, VWP does not entitle a tourist to change to another status, such as student for example, and the prime reason is that the 'vetting process' for those who are found eligibile to remain in the USA for a period of time takes time and procedure, while VWP requires no procedure. The ability to remain in the USA and adjust status from tourist to PR, as a spouse of a USC, is solely based upon two factors. 1. Lack of premeditation 2. The fact that the privilege afforded is a courtesy to the USC.

[diadromous mermaid 36]

You should speak to an attorney before you proceed.

Your husbands adjustment of status is based upon his marriage to you. Not upon his intent to immigrate. Confusing comment?

You'll file a stack of papers with the government to begin the process. The form on top of the stack is the I485 - you might want to go to uscis.gov, have a look at the form, and read the attached instructions for it. When you send in your papers, you don't include proof of his intent to return to the UK. You include other documentation as explained on the form.

At your interview, you need to be prepared for the possibility the officer will question your husbands intent at entry. The primary focus of the interview though will be proving to the officer that your marriage is bonafide. You will need to carry proof, on that day, of both.

You can't just go over to the UK and just get married. You'll need a visa from them for that. You can go over there and visit but not marry him during that visit without such a visa.

For the foreign born spouse, one of the pitfalls of marrying in the US and filing for adjustment is that they can't return to their birth country without risking being denied re-entry until the paperwork process is complete. There are often 'details' at home that need cleared up before someone can move to another continent. Your fiance seems to have more details than the average bear. These details might be in your favor insofar as proving he didn't have immigrant intent when he last crossed the border, but they are still troublesome.

Speak with an attorney and then make the best decisions for your life as a married couple. Don't let him forget to make the best decisions for himself also. I've been married to a man from the UK for a couple of years now. He did have a life before he met me - memories of home and family back there. Don't let your man have any regrets about leaving home suddenly.

Don't forget to mention that if AOS were to be denied for some reason, having entered on VWP, then there's no appeal.

[amrssnowangel 0]

Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

If we start the AOS before the VWP expires then he did not overstay correct? What happens if they do not believe we did not have the intent at the time of entry? If he does get sent back to the UK can we not still file a K3 and he came back? I am confused why he would be banned? I know what you mean though it is risky putting our lives, a unborn child and my child that thinks of him as her father already in the hands of one person that may not believe us. It is hard to be in their shoes as I know we did not intend to marry as stated before I thought my divorce was going to take ages at least another 4-5 months to sign then another 2 months to get finalized in the court but it ended up being so quick. and we also did not plan on having a child out of wedlock as old fashioned as it may sound I really want to be married before the child is born.

There are more than one issue here..but....

If you do AOS you can't overstay the 90 days of the VWP...it gives automatic permission to stay...conditionally....My concern is...

IF you do this...and IF they approve this AOS..you are fine...(and yes, others have done it....risky...but done it)

IF you do this..and IF they deny the AOS based on intent or any other reason they choose to find...it cancels that automatic permission to stay...if they find intent was to marry...for ANY reason...its as if you never filed AOS because you wouldn't have been eligible to file in the first place...thus...reverting back to the time limit of the VWP time limit. If AOS takes one year...and VWP allows 90 days...you have now overstayed the VWP time limit by 275 days...an overstay CAN result in a ban to return for 3-10 years....

You are FREE to marry in a VWP...just not STAY...then you can file K3 and travel back and forth...things to consider:

1. They have the right to deny you entry based on the marriage visa or k1 visa filed...thinking u may not return.

2. K1 is faster than K3

3. K3 allows you marriage...give the baby a "family"

4. You will need to allow for where the birth will occur..if in Canada..you will need to file a seperate visa for the baby as well...on K1...and k3. (K2, I think)

You have alot to think about...I"d stay legal however and not tempt fate..jsut my opinion...the easy way...does work..but not for all..is that a chance you are willing to take?? Would u take a 10% chance to lose your llife together?? Even if it means a 90% chance it would work??

[Mags 112]

Anybody here with a VWP spouse who wants to sit here and tell me you didn't talk about it? Hmm? I won't believe you.......

Seriously - if you didn't intend to immigrate to the US when you last entered, you can adjust to permanent residency. And I don't care what Wikipedia says. Maybe one of us should go in there right now and edit that marvelously credible source of information. But for those of us (VWP or not) who knew our boyfriends/girlfriends were gonna live here in the US with us - well we knuckled under and filed for visas.

And whispered in the night about adjusting from the VWP....................

Actually, Platy and I never did discuss it. REALLY. Mainly because we didn't even know it could be done; plus I had a good job, a 12 year old and a house to sell. I can honestly say it never crossed our minds and I don't have any part of my body crossed either as I type this.

[diadromous mermaid 36]

Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

If we start the AOS before the VWP expires then he did not overstay correct? What happens if they do not believe we did not have the intent at the time of entry? If he does get sent back to the UK can we not still file a K3 and he came back? I am confused why he would be banned? I know what you mean though it is risky putting our lives, a unborn child and my child that thinks of him as her father already in the hands of one person that may not believe us. It is hard to be in their shoes as I know we did not intend to marry as stated before I thought my divorce was going to take ages at least another 4-5 months to sign then another 2 months to get finalized in the court but it ended up being so quick. and we also did not plan on having a child out of wedlock as old fashioned as it may sound I really want to be married before the child is born.

There are more than one issue here..but....

If you do AOS you can't overstay the 90 days of the VWP...it gives automatic permission to stay...conditionally....My concern is...

IF you do this...and IF they approve this AOS..you are fine...(and yes, others have done it....risky...but done it)

IF you do this..and IF they deny the AOS based on intent or any other reason they choose to find...it cancels that automatic permission to stay...if they find intent was to marry...for ANY reason...its as if you never filed AOS because you wouldn't have been eligible to file in the first place...thus...reverting back to the time limit of the VWP time limit. If AOS takes one year...and VWP allows 90 days...you have now overstayed the VWP time limit by 275 days...an overstay CAN result in a ban to return for 3-10 years....

You are FREE to marry in a VWP...just not STAY...then you can file K3 and travel back and forth...things to consider:

1. They have the right to deny you entry based on the marriage visa or k1 visa filed...thinking u may not return.

2. K1 is faster than K3

3. K3 allows you marriage...give the baby a "family"

4. You will need to allow for where the birth will occur..if in Canada..you will need to file a seperate visa for the baby as well...on K1...and k3. (K2, I think)

You have alot to think about...I"d stay legal however and not tempt fate..jsut my opinion...the easy way...does work..but not for all..is that a chance you are willing to take?? Would u take a 10% chance to lose your llife together?? Even if it means a 90% chance it would work??

Where do you get your facts?

First, the only issues to consider here are:

1. Does the alien have sufficient evidence to demonstrate that his intent upon entering the country was to return?

2. If he chooses to remain and adjust status, is he willing to take a chance that if denied, he has waived the right to appeal that decision?

For USCIS to charge an alien with material misrepresentation of intent would require compelling evidence. We don't know what evidence exists, if any, or if such evidence could be construed as material. All we can do is advise that if plans had been discussed and made to marry during this entry, that could come back to haunt them.

[lkekandi 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

I am literally going through the same thing, I came here 2 months ago too to visit my husband, we had innitially filed an I-130 in September and had our plans that I would stay in the Uk and work and save until my card came through which would enable us to have enough money for a down payment, but in the mean time we'll just visit each other. Upon arriving it started getting harder and harder to leave, he even took me to the airport and broke down. then 3 weeks ago we were laying in bed and he started having severe chest pains and after running all the test in both the military hospital and one off post they told him he's having severe anxiety attacks. They seem to think it has something to do with him being in Iraq so many times. I never planned on staying here, my life in England was great and I made quite good money but when I looked at how he was suffering I couldn't leave...What kind of wife would I be? So I mde an apointment with immigration and told the officer what was going on and he gave us all the papers to file and told me not to worry as i was so concerend about being out of status I even started to cry. He made me sit down brought me a glass of water and told me we have nothin to worry about, its people who over stay then apply for AOS they should be worried, he also explained to me that it was the officers job when you have the interview to determine as to whether you have a bonifide marrage, not to put you through hoops as to what your motives where when you came here as that is too hard to prove.

If you do apply for the AOS just make sure he has evidence that he was not planning on staying like open bank accounts still, his stuff not being in storage and so on.

Have an immigration lawyer look at your case. I contacted 3 lawyers before I sent my papers off even the military lawyers on the base and 2 out of 3 of them told me I really didn't need them infact one of them said the only problem I have right now is travelling while the case is still pending which I don't plan on doing. I'm just keeping my fingers crossed that nothin happens to my mom o brother while they are looking at my case.

at the end of the day its your decision...make an appointment with infopass and call a couple of lawyers. There are alot of people on here not really giving good advice for whatever reason. .. Actually I can think of a few reasons.... Good Luck & God Bless

Edited January 26, 2008 by lkekandi