bad situation

[Joe Bue 0]

Being married to a US citizen does not automatically entitle an alien to live permanently in the US!

In this case being married gives more weight for Trace to adjust her status, even if she is doing it late.

Immigration will look at the facts and in this case grant adjustment.

[Rebecca Jo 1,962]

In this case being married gives more weight for Trace to adjust her status, even if she is doing it late.

Immigration will look at the facts and in this case grant adjustment.

She is already on ICE's radar. She entered on the VWP. She will get adjustment after she goes home to the UK, serves the bar, applies for a spousal visa from abroad, and re-enters the US.

About eleven years from now.

Edited October 22, 2011 by Rebecca Jo

[Jojo92122 1,924]

Yes they could.

I don't regard this as "wrong". The Visa Waiver Program exists primarily as a vehicle to promote tourism. Agreements between the US and other nations allow their citizens to traverse freely as long as those citizens intend to return to their home country.

If it werent' for these agreements between nations, you'd have to apply for a visa if you wanted to go to Paris for three days to see the Eiffel Tower and drink Parisian wine.

A person from any country can apply for a B1/B2 visa.

A person from a VWP country can either use the VWP or apply for a B1/B2 visa. By opting not to get a B1/B2 visa and take advantage of the VWP, the person gives up the right to appeal any deportation decision - that's the trade-off.

A person can adjust from the B1/B2 or the VWP. However, the VWP person cannot adjust once a deportation order has been issued because that person gave up that right to appeal the deportation order when he/she choose to use the VWP.

[Rebecca Jo 1,962]

A person from any country can apply for a B1/B2 visa.

A person from a VWP country can either use the VWP or apply for a B1/B2 visa. By opting not to get a B1/B2 visa and take advantage of the VWP, the person gives up the right to appeal any deportation decision - that's the trade-off.

A person can adjust from the B1/B2 or the VWP. However, the VWP person cannot adjust once a deportation order has been issued because that person gave up that right to appeal the deportation order when he/she choose to use the VWP.

Yes?

[Jojo92122 1,924]

Yes, I have been seeing the same thing, its very suspicious.

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You have to remember you are married to a "US citizen", even though you are late you can adjust your status. Stay for 3 years and apply for US citizenship. Call immigration lawyers in your area and get some feedback from them.

Don't listen to people who say you have to go home.

In this case being married gives more weight for Trace to adjust her status, even if she is doing it late.

Immigration will look at the facts and in this case grant adjustment.

Joe,

I understand that you are trying to help; we all are. However, it seems that you are throwing out misconceptions that will not help the OP. The spouse of a US citizen does not have an absolute right to adjust.

You assume Trace can adjust based on her marriage to a US citizen despite being deported after entering the US on the VWP. That's not true.

Have you read the restrictions on VWP participants? Once a VWP person is deported, there is no deportation hearing and it's not possible to adjust.

http://www.***removed***/visa-waiver-program/restrictions.html

[Karee 4,189]

Being married to a US citizen does not automatically entitle an alien to live permanently in the US!

This should be put in BOLD flashing letters at the top of the home page of this website. I naively assumed that since I was a USC, my wife would automatically be able to come to the US when I hopped on the plane to come back home. 1 year after filing my I-130 and using a sorry a$$ lawyer, my wife was given 221g as the cherry on top of the process.

Thanks to this website though, everything worked out. My wife will be applying for citizenship in December.

They say here alot that this site should not be used in place of a "competent" attorney. I disagree, but that's my opinion. Of course you have to filter through the advice given here. Most good, some not so good. The $1800 I spent a lawyer would have been better used playing blackjack. At least I would have had a chance on a return.

I would venture to say that my wife would probably not be here if it was not for the help of pushbrk and rebeccajo. They may seem abrasive at times, but facts are facts. Some people don't like to accept that.

When the wife was given 221g they both gave me great advice, and for that I am forever grateful.

[squaw_1970 0]

Hi and yes i thought it seemed best if he applies online for his visa asap i have looked at the uk border agency website.... i hadnt realise it would all be changing in april so thanks for that... yes my husband can send me some money whilst in uk to help me and if im gonna try stay with parents till he joins me so we can find a home etc together...I have alot of family in southern ireland and im hoping to try and look at this as an adventure and trying so hard not to worry so much....but yes the stress is not good especially with a child involved too..

[squaw_1970 0]

She is already on ICE's radar. She entered on the VWP. She will get adjustment after she goes home to the UK, serves the bar, applies for a spousal visa from abroad, and re-enters the US.

About eleven years from now.

Rebecca you are correct I was told by ICE to go back to UK and start applying again and i would have to start with a fresh I 130 etc... thats why we are trying to make good out of bad by going back to uk have my husband there as soon as poss then trying start a new life...it's just not knowing which way to turn and if he cashes in his money will he still be turned away if no job to go to...etc...gets complicated when it's all forms to fill and ur not face to face with a person to explain the situation what u intend to live off and whats happened and like someone pointed out im not entitled to anything at all benefit wise until my husband gets there because i have been out of the country so long.....it makes sense for us to do it together etc with the money we have but that doesnt make it legally right in the eyes of government thats why im worried as really didnt think i had done anything wrong until all this!!! i was just going on the situation and advice i was given...

She is already on ICE's radar. She entered on the VWP. She will get adjustment after she goes home to the UK, serves the bar, applies for a spousal visa from abroad, and re-enters the US.

About eleven years from now.

Rebecca you are correct I was told by ICE to go back to UK and start applying again and i would have to start with a fresh I 130 etc... thats why we are trying to make good out of bad by going back to uk have my husband there as soon as poss then trying start a new life...it's just not knowing which way to turn and if he cashes in his money will he still be turned away if no job to go to...etc...gets complicated when it's all forms to fill and ur not face to face with a person to explain the situation what u intend to live off and whats happened and like someone pointed out im not entitled to anything at all benefit wise until my husband gets there because i have been out of the country so long.....it makes sense for us to do it together etc with the money we have but that doesnt make it legally right in the eyes of government thats why im worried as really didnt think i had done anything wrong until all this!!! i was just going on the situation and advice i was given...