Entered on visa waiver- married long term girlfriend and want to stay! Advice?

[adambp 0]

Hello all, would really appreciate some advice on my position:

I fell in love with an American girl while overseas studying. That was 2 year ago and we have been in a long-distance relationship since: seeing each other when possible.

I am currently in the US on a visa waiver- being as I am a British national. We have married in the state of New York and I wish to remain here permanently.

As I did not enter on the on a K-1 or K-3 visa I am unsure of the method of applying for both adjustment of status and a green-card? I have looked over a lot of information but would appreciate someone making it plainer to me.

My concern is overstaying my visa waiver (a maximum of 90 days of which I have already spent 30): what is the best way to stay with my wife and not commit any damaging illegalities? Is it worth hiring an atorney to help speed the process?

Please advise!

Thanks.

[Dakine 26]

Hello all, would really appreciate some advice on my position:

I fell in love with an American girl while overseas studying. That was 2 year ago and we have been in a long-distance relationship since: seeing each other when possible.

I am currently in the US on a visa waiver- being as I am a British national. We have married in the state of New York and I wish to remain here permanently.

As I did not enter on the on a K-1 or K-3 visa I am unsure of the method of applying for both adjustment of status and a green-card? I have looked over a lot of information but would appreciate someone making it plainer to me.

My concern is overstaying my visa waiver (a maximum of 90 days of which I have already spent 30): what is the best way to stay with my wife and not commit any damaging illegalities? Is it worth hiring an atorney to help speed the process?

Please advise!

Thanks.

If you entered the US with intentions of marrying your wife and did so and try to adjust status that is considered fraud by USCIS.

Get an attorney! Looks like you married in less than 30 days of arrival which doesn't help either.

Edited December 28, 2008 by Haole

[pushbrk 12,250]

Hello all, would really appreciate some advice on my position:

I fell in love with an American girl while overseas studying. That was 2 year ago and we have been in a long-distance relationship since: seeing each other when possible.

I am currently in the US on a visa waiver- being as I am a British national. We have married in the state of New York and I wish to remain here permanently.

As I did not enter on the on a K-1 or K-3 visa I am unsure of the method of applying for both adjustment of status and a green-card? I have looked over a lot of information but would appreciate someone making it plainer to me.

My concern is overstaying my visa waiver (a maximum of 90 days of which I have already spent 30): what is the best way to stay with my wife and not commit any damaging illegalities? Is it worth hiring an atorney to help speed the process?

Please advise!

Thanks.

If you entered the US with intentions of marrying your wife and did so and try to adjust status that is considered fraud by USCIS.

Get an attorney!

If at the time of your last entry, the marriage was already intended to occur during the "visit", you are not allowed to simply disregard immigration laws and adjust status. You may "visit" as long as your granted stay but must not overstay. Use the Guides here to learn and decide on the appropriate visa process to begin. If you working soon after permanent arrival is important, your choice will be the CR1 path.

[adambp 0]

I should've added that I had no intention of marrying when I was here: does that make any difference at all?

[pushbrk 12,250]

I should've added that I had no intention of marrying when I was here: does that make any difference at all?

Like the difference between night and day. To adjust status though, you'll need to arrange to remain in the USA until that's complete. If you leave, you'll need a spouse visa to immigrate.

Intention to "marry" isn't a problem regardless. It's the combination of intending to marry AND stay to adjust status that is fraud. If your decision to marry and stay occured after entry. You can STAY (not come and go) and adjust status.

[Reba 2]

See the GUIDES and the forum for Adjustment of Status process. If you can prove at an interview that you had no intent to get married and stay during this trip, AOS is an option. ie: if you did Not quit your job, didn't sell all your stuff and didn't sublet your flat before you left the UK, you should be ok. If however you DID quit your job, sold all your stuff and sublet your flat, then proving non-intent will be rather more difficult, and if your AOS is denied, you'll be deported and likely banned from re-entry.

[SunDrop 59]

If you have a life in the UK that you could return to (home, work, etc.) but were planning on staying up to the full 3 months permitted, why not file now for a CR1 (your USC spouse needs to petition for you anyway) and then return at 89 days, sort out your affairs back home and you'll have killed 1/2 to a 1/3 on the average wait time for NOA2. Once that comes through, you'll need to be in the UK anyway for medical, interview, etc.

I guess only you can know depending on your circumstances in the UK how easy is it going to be to prove that you didn't plan on staying. It's a risk and definately more of a headache trying to prove a negative (absence of intent) than it is to cope with the separation but be more assured that you can show you went about matters by the book.

The CR1 route takes a fraction longer but means that you'll be immediately entitled to work etc, and not have to deal with the AOS process/ cost.

[diadromous mermaid 36]

SunDrop,

All tourists entering the USA are presumed to have immigrant intent. And, yes, the onus rests upon the alien to demonstrate to the contrary, but this situation doesn't differ from any other situation in that regard.

It's a risk and definately more of a headache trying to prove a negative (absence of intent) ....

[pushbrk 12,250]

SunDrop,

All tourists entering the USA are presumed to have immigrant intent. And, yes, the onus rests upon the alien to demonstrate to the contrary, but this situation doesn't differ from any other situation in that regard.

It's a risk and definately more of a headache trying to prove a negative (absence of intent) ....

The difficulty in proving a negative is mostly a myth. You prove the negative intent to stay by providing convincing evidence you intended to return, like a job, your belongings and dwelling all waiting for you back home. Unfortunately many who had not intent can't adjust status either because the very evidence that proves their proper intent, compels them to go back home anyway.

[Old Dominion 26]

If you are in a position to suspend your personal ties with the UK for up to nine months, you can apply as soon as possible for the work permit, green card, and if it's necessary to make a brief visit back to the UK, advance parole. In the interview about eight months from the time you apply, you need to show real evidence that it really was a hardship for you to decide to marry here -- loss of job, unable to terminate a rental lease agreement, whatever can be proven. Who will sponsor you for the green card, i.e., promise to the U.S. that someone else will be sure you don't end up on the welfare rolls?

[♥Stiggy♥ 0]

getting married under 60 days of arriving as a visitor can haunt you too at the interview. Good luck trying to convince the interviewing officer that you had no intent to immigrate

From what Ive heard , getting married under 30 days of visiting - good luck trying to prove that for AOS from a B1/B2/VWP

Marriage under 60 days is still hard for most people to prove their non-intent

And from over 90 days, its usually the IO who has to prove your intent from what Ive read.

Since you got married so quickly with your visitor status, your best bet is to apply for a K3/CR1 and go home when your visitor status expires and come back with your visa in hand.

With you marrying under 30 days, you best get legal advice if you wish to stay in the U.S and not return to the UK

Edited December 28, 2008 by stiggy

[Missing.him 0]

We were in the same exact position My now husband came here for a visit January 11 2007 and then married March 30. We had some extenuating circumstances though and even though my husband did not really have much to come back to the UK only a job offer and he lived with his parents. But we filed all the paperwork right after his VWP stay was up. We had to wait for the medical ( which he had here locally) then sent it all in. our interview which was in Buffalo took about 3 minutes and no questions were asked about intent... so do not leave and just file the paperwork as soon as possible

good luck!

[unforgettable fire 2]

Hello all, would really appreciate some advice on my position:

I fell in love with an American girl while overseas studying. That was 2 year ago and we have been in a long-distance relationship since: seeing each other when possible.

I am currently in the US on a visa waiver- being as I am a British national. We have married in the state of New York and I wish to remain here permanently.

As I did not enter on the on a K-1 or K-3 visa I am unsure of the method of applying for both adjustment of status and a green-card? I have looked over a lot of information but would appreciate someone making it plainer to me.

My concern is overstaying my visa waiver (a maximum of 90 days of which I have already spent 30): what is the best way to stay with my wife and not commit any damaging illegalities? Is it worth hiring an atorney to help speed the process?

Please advise!

Thanks.

I came here from England as well. I entered on the VWP and decided to stay after my then boyfriend asked me to marry him.

I had a job back in England as well as a flat, bank accounts, etc.

We adjusted status successfully and no questions of intent were asked at the interview.

Just make sure to file asap and to enclose all the documents they are asking for, be organized. There is no need to use an attorney if things are pretty straight forward, I did all the paperwork myself and I got my green card in 7 months after I filed.

Good luck with your journey!!!

Edited December 31, 2008 by unforgettable fire

[Blue22 0]

If you have a life in the UK that you could return to (home, work, etc.) but were planning on staying up to the full 3 months permitted, why not file now for a CR1 (your USC spouse needs to petition for you anyway) and then return at 89 days, sort out your affairs back home and you'll have killed 1/2 to a 1/3 on the average wait time for NOA2. Once that comes through, you'll need to be in the UK anyway for medical, interview, etc.

I guess only you can know depending on your circumstances in the UK how easy is it going to be to prove that you didn't plan on staying. It's a risk and definately more of a headache trying to prove a negative (absence of intent) than it is to cope with the separation but be more assured that you can show you went about matters by the book.

The CR1 route takes a fraction longer but means that you'll be immediately entitled to work etc, and not have to deal with the AOS process/ cost.

Good advice, if your reason for entry is slightly suspect by USCIS then you could be denied and not able to get residence, not a good gamble.

Check with a lawyer, but if there is the option to return home and apply the officially correct way-DO IT!!! (the separation will be tough but better than possible being barred).....I wish a had of.......=(

[charlienlaura10 0]

Good advice, if your reason for entry is slightly suspect by USCIS then you could be denied and not able to get residence, not a good gamble.

Check with a lawyer, but if there is the option to return home and apply the officially correct way-DO IT!!! (the separation will be tough but better than possible being barred).....I wish a had of.......=(

You realize this was posted in 2008 dont you??