Dont even know where to start!!

[Cassie-Belle 0]

Ok so I met my husband 3 years ago in the UK (he is the US citizen) and at this point he was already an overstayer by a year! We didnt have the money to come to the US to file for a new visafor the UK so we just buried our heads in the sand and carried on as if nothing were wrong.

Well on May 24th 2011 he proposed and we started looking into the easiest ways to get married and settle in the UK. So on November 3rd 2011 we came to the US, I came over on the VWP (ESTA). The plan was that we would marry over here, apply for UK citizenship and return to the England. Well, due to his overstaying it looks like its going to be a long and expensive journey! I have to leave February 1st 2012 and I cant bare to be away from him but its unlikely his visa will come through by then, if at all!!

Is there anyway that I can apply to stay in the US without having to return to England atleast until we can sort his citizenship out in England or indefinately if this is not an option!?!

We know we've made mistakes and done things completely backwards but im now in a complete mess away from my family and friends in a country I dont know all for the man I love and I just need someone to help me in the right direction or even where to start!

Any advise would be greatly appreciated!! Thanks x

[Cassie-Belle 0]

Oh and we got married in Reno in 9th of November 2011 so we are now married, I didnt know if that affects anything?

[Amy and Nick 37]

Hi Cassie-Belle.

Theres basically three options from where you are right now. (I assume youre not married yet)

1) Apply for a K1 fiance visa. You would have to return to England in February, but as far as I recall, you can start the process NOW, meaning you could be a couple of months into the process before you leave. If youre lucky it could take 5 months meaning 3 months apart, but with visa journeys theres never a guarentee.

2) Apply for a CR-1 spousal visa. This may be too lengthy for what youre looking at but IMO its a great option for the benefits you get. It takes 8-12 months ish. You would need to get married (quicky wedding would suffice). Then, again, return in Feb.

3)Adjust your status. This would be the option where you get to stay with him, but it does come with risks (I entered into the US on VWP with no intention to stay, but I still felt it was too risky).

You have to be ready that you didnt come to the US with the intention of adjusting status. The problem here is that theres been a bit of controversy over adjusting status on the VWP. One of the main problems is that when you enter the US, you waive all right to appeal, so if they believe you intended to adjust status all along, you'll be told to sling your hook and it can even result in a ban.

Obviously theres a lot more detail to each of these options, but I would say start looking into each of the options, do a bit of research, and come back with any more questions you might have!!

Good Luck!

Sorry, just noticed youre married, so ignore option 1!!

[Exasperated 5]

Is there anyway that I can apply to stay in the US without having to return to England atleast until we can sort his citizenship out in England or indefinately if this is not an option!?!

Well, would you both prefer to live in the US or in the UK? It seems to me that he would have a harder time moving to the UK than you to the US, since he has some immigration issues in his past, and as far as I can tell from your story, your immigration history is clear. If the most important thing for you is to be together (as it should be), I'd probably suggest for that you try to get a residence permit in the US.

Since you entered the US together, and also got married very quickly after entering, I would strongly suggest not trying to apply for adjustment of status while you're still in the US. It will be extremely hard to prove that you didn't have immigration intent. While it may not be what you want to hear, my best suggestion is for you to go back home and apply for a spouse visa to the US. Alternatively, he can try to sort out matters with the UK authority and get a visa to the UK, but there is no (legal) way for you to stay with him past the date on your VW. Unfortunately, either way, it's hard for me to see any possible solution that entails you two being able to stay together during the immigration process. Sorry, I know it's very difficult.

[Nich-Nick 3,355]

I'm reading this as somebody who wants to live in the UK and get a visa for her USC husband to permanently move to the UK. So it's not really a K1 visa topic. OP, you could try for a B1 tourist visa to allow you more than 90 days in the US while you sort out his mess in the UK. But most of us on here have had to go through a period of separation. That's just how it is marrying somebody from another country.

[Cassie-Belle 0]

But we have all the information about return flights, applications for his visa and we can get afidavids for our relationship. Will this not help if I apply for change of status or is it really too risky?

The thought of leaving him just makes me break down.

[Amy and Nick 37]

For me it was a toss up between being there now, and being there forever.

Dont get me wrong, I spent the whole time we were deciding a complete emotional wreck (and he still married me!!)

I hated the thought of leaving him and I hate being apart, but I was too worried that something would mess up and I would be banned from the US.

Nick has a good job, and if I had been banned, it would have been a really rough time as it would have been very difficult for him to relocate to England. For you, it seems it would be nearly impossible if he is already banned?

Think a year ahead, if you were banned, you really would be seperated and he wouldnt even be able to come and see you.

The good news is, you can visit him during the process, so you can keep the time apart less.

Im sorry I cant just turn around and say do it, I know exactly what youre going through, as do all of us on here. It sucks that we have to deal with the seperation in a trans-atlantic relationship.

Check out this site if you think theres any hope of getting his situation with regards to the UK sorted out. there may be waivers you dont know about, and this site is great for the US-UK stuff!

http://britishexpats.com/

[Cassie-Belle 0]

Thanks Amy that was really helpful and I know your right, its just a year and then I can be with him forever. Its just not how I expected to spend my first year of marriage and it feels as if a year will be an eternity but I know its not!

Do you know how long I have to be back in england before I can come back on the VWP, because I know its 3 months at a time and it lasts up to 2 years but I dont know how long I have to be in the UK before I can come back out??

I just dont know why they have to make things so difficult, if 2 people love each other and want to spend their lives together why do they have to make it so hard! It just isnt fair!

[Amy and Nick 37]

I know, its a pretty unconventional relationship at first, but it'll all be worth it!

Theres no real limit on how many times you can use it, but the general consensus is more time in the UK than in the US...its all about the border agent you get on the day which makes it really hard to gauge.

It may also be better if you try not to stay for the full 90 days each time,and make sure you have evidence of ties to the UK you need to go back to, as well as a return flight booked!

You can always go through pre-clearance in Dublin too, so you dont have to travel all that way worrying!

Just get that I-130 packet in ASAP! This guide will help http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Is your 90 days up Feb 1st or can you extend?

[Cassie-Belle 0]

I dont think I can extend because its a VW I think thats one of the conditions, you can only extend on grounds of marriage and as we said before it looks like that is going to be too risky!

as long as I can come and see him for a few weeks at a time then I will be happy but I think going through dubin would be a good idea as you said I dont want to get all the way over to the US for them to send me back again! I think that would break my heart even more, being so close to him then being sent away again!

Thank you for all your help, I appreciate it so much! Just knowing Im not the only one going through this is such a comfort and knowing that we will sort it all out in the end! And it will be worth it! x