will i be in trouble x

[jessie1970 0]

hi, thanks for your recent help, so nice to get answers to the million and one questions in my head going around and around..... ok here goes..... sorry if im being a pain in the bum x ok so i have had comments that yes when i visit in aug if we go just do it (get married i mean ) then go the spousal way it seem sbeing told it ok but then others saying could be in trouble as i entered country illegally with intent of getting married?????????? phew now is this the case and if so do i just plead stupid and say we didnt realise would be a prob etc etc or would it mean big trouble?????????? woldnt it be so much easier if we could just call somewhere and get all these answers without it being someone on other end wants to get u in touch with some lawyer who will charge xx amount of pounds/dollars to "do it all for you" ! many thanks a confused jessie

[sara..... 371]

hi, thanks for your recent help, so nice to get answers to the million and one questions in my head going around and around..... ok here goes..... sorry if im being a pain in the bum x ok so i have had comments that yes when i visit in aug if we go just do it (get married i mean ) then go the spousal way it seem sbeing told it ok but then others saying could be in trouble as i entered country illegally with intent of getting married?????????? phew now is this the case and if so do i just plead stupid and say we didnt realise would be a prob etc etc or would it mean big trouble?????????? woldnt it be so much easier if we could just call somewhere and get all these answers without it being someone on other end wants to get u in touch with some lawyer who will charge xx amount of pounds/dollars to "do it all for you" ! many thanks a confused jessie

plz dont take this the wrong way.

if u come to the usa with the intent to marry and stay here then it is fraud.

if u come here and marry then go back home to wait out the visa process then it is not fraud.

there are many of us that are waiting the visa process that had the same thoughts about what ur intending to do, but u never know if ur case will be the one the pull to make a point.

is it really worth a life time band from the usa? do u really want to take that chance? these are some of the questions that we asked our self before deciding to do the legal way.

unless u have problems that make ur case complicated most of what u need to know about immigration can be found on this site.

it should in no way be considered all of the answers, how ever if ur comfortable filling out forms and have no problems that require an attorney there are many that have done it them self with out any problems

good luck to u on ur visa journey

sara

[Kathryn41 3,205]

Hi Jessie,

There are two problems with what you suggest. Yes, it is illegal to enter the US as a visitor intending to get married and stay in the US. That is considered visa fraud as you intentionally use a visa issued for one purpose then try to use it for a different purpose. It carries very serious consequences if you are caught. The other problem is lying to the US that you didn't know it was illegal. Lying to immigration is called misrepresentation and it carries a life time ban from ever being allowed in the US. Since you have posted your question here it shows that you cannot claim ignorance - you would knowingly be breaking the law and hoping to get away with it. USCIS is excellent at detecting this type of fraud and misrepresentation. Are you so sure you want to risk all the years of your future life together for the sake of a few months?

You can get married when you come in August, but you cannot stay and apply to adjust status inside the US. You need to return home after your visit and your US spouse needs to petitions the government for permission for you to apply for a spousal visa at the US Consulate back home. It will mean being apart for a while, but if the relationship is strong, it will survive the separation. Sometimes we have to put up with short term pain for long term gain.

(also moving this to General Immigration from DCF)

[jessie1970 0]

Hi Jessie,

There are two problems with what you suggest. Yes, it is illegal to enter the US as a visitor intending to get married and stay in the US. That is considered visa fraud as you intentionally use a visa issued for one purpose then try to use it for a different purpose. It carries very serious consequences if you are caught. The other problem is lying to the US that you didn't know it was illegal. Lying to immigration is called misrepresentation and it carries a life time ban from ever being allowed in the US. Since you have posted your question here it shows that you cannot claim ignorance - you would knowingly be breaking the law and hoping to get away with it. USCIS is excellent at detecting this type of fraud and misrepresentation. Are you so sure you want to risk all the years of your future life together for the sake of a few months?

You can get married when you come in August, but you cannot stay and apply to adjust status inside the US. You need to return home after your visit and your US spouse needs to petitions the government for permission for you to apply for a spousal visa at the US Consulate back home. It will mean being apart for a while, but if the relationship is strong, it will survive the separation. Sometimes we have to put up with short term pain for long term gain.

(also moving this to General Immigration from DCF)

hi yes both thanks for reply's an noooo i wasnt intending coming getting married and staying!! i have stuff to sort out in uk anyway i just mean would that really be ok and we wouldnt be in trouble for getting married and me coming back here applying for spousal visa whilst we still in seperate countries?? i guess just going backwards and forwards for a while ... is this all allowed and legal and we wont be in trouble is what i mean??? x

[Kathryn41 3,205]

Yes, you are allowed to get married in the US and then apply for the spousal visa while the two of you still live in different countries. Be sure to bring lots of evidence of your ties to the UK when you come - proof of those 'loose' ends that you need to tie up (ie. children remaining behind, lease/mortgage; proof of employment; legal/monetary responsibilities that you need to look after, etc.) as US immigration will be very concerned about you trying to remain in the US when you come to get married. Yes, you are allowed to visit back and forth, but again, it will be up to the border authorities for each time you visit to decide whether or not to let you in. The stronger your evidence is that you will return back to the UK the more likely it will be that they will allow you to enter. Once you have the spousal visa paperwork underway you will want to make sure you carry a copy of that with you as well to show your intent is to obtain the proper visa.

Good luck.

Edited July 11, 2009 by Kathryn41

[jessie1970 0]

Yes, you are allowed to get married in the US and then apply for the spousal visa while the two of you still live in different countries. Be sure to bring lots of evidence of your ties to the UK when you come - proof of those 'loose' ends that you need to tie up (ie. children remaining behind, lease/mortgage; proof of employment; legal/monetary responsibilities that you need to look after, etc.) as US immigration will be very concerned about you trying to remain in the US when you come to get married. Yes, you are allowed to visit back and forth, but again, it will be up to the border authorities for each time you visit to decide whether or not to let you in. The stronger your evidence is that you will return back to the UK the more likely it will be that they will allow you to enter. Once you have the spousal visa paperwork underway you will want to make sure you carry a copy of that with you as well to show your intent is to obtain the proper visa.

Good luck.

oh thank you for that, i would have never thought of those things... i was bit concerned as last time they asked me at poe how many children i had was i planning any more etc etc... previously i had only been to us to visit family as all my uncles and aunts live there, my grandpa was a us citizen but my dad lives in uk and has uk citizenship not us !! i didnt get all of those questions... when i go in aug im only taking my youngest child i have one who is 12 one 19 elder one will stay in uk when i come (hopefully) to live... shall i bring with me my work payslips or something... sorry just trying to think of what i could have with me to prove im going to return in sept not planning staying?? thatnks for helping this is such a minefield with so many places to trip up because i have no idea of system x