Urgent Advice Needed

[Pat & Chrissy 0]

Hi folks,

This is a long story so I will only point out the facts.

I married my girlfriend last year on July 10th 2012 with intention of returning to the UK of which I did.

Unfortunately my wife tells me we married within the 30 day rule on a tourist visa, first problem!

Our intentions were to emigrate to The United Kingdom but so much as happened here since then we are now reconsidering

to emigrate to the Usa instead.

We have $200.000 (me the Uk Citizen in my account) from a sold property.

Due to how expensive the Uk properties are and living expenses we are contemplating going to USA route instead.

Can I the husband sponsor my self?

Getting married within the 30 days but without the intention to stay at the time cause problems even though genuine?

My wife is currently with me in the UK to December 19th of which I was hoping to go back with her, can we apply for AOS once there

with out any problems if we can prove that our intentions originally wasn't to emigrate there.

we haven't much time to make some huge decisions of which way to go.

Been together since 2011 and as been a long journey of stress, would love just be able to relax and settle down with out worry.

My wife doesn't have enough tax credits or a family sponsor to help the situation in the USA.

Any real good advice welcome

[belinda63 3,053]

Getting married in the US is perfectly fine. There is no rule about when you get married here since you left the country.

Your plan to immigrate to the US on the VWP is the problem. You cannot enter the US on the VWP or a tourist visa when you have the intent to immigrate. If you could why would there be spousal visas? Your wife needs to file a petition for the CR-1 and you wait in the UK until it is approved and you have your visa.

Yes, I believe the UK allows a person to self-sponsor.

How are you going to prove you had no intent to immigrate when you just posted it on a board read by immigration?

[Boiler 47,499]

You can self sponsor the I 134, but you will need the I 864.

If you were in the US you could have adjusted then.

[Pat & Chrissy 0]

Getting married in the US is perfectly fine. There is no rule about when you get married here since you left the country.

Your plan to immigrate to the US on the VWP is the problem. You cannot enter the US on the VWP or a tourist visa when you have the intent to immigrate. If you could why would there be spousal visas? Your wife needs to file a petition for the CR-1 and you wait in the UK until it is approved and you have your visa.

Yes, I believe the UK allows a person to self-sponsor.

How are you going to prove you had no intent to immigrate when you just posted it on a board read by immigration?

Thanks for your answer. Just to clarify, we did not at the time we got married plan to immigrate, as I have been back home in the UK for a year and a half. Just looking at other options that would keep us together as a family without a lot of separation. Please clarify, if I can self sponsor in America?

[Gosia & Tito 199]

Hi folks,

This is a long story so I will only point out the facts.

I married my girlfriend last year on July 10th 2012 with intention of returning to the UK of which I did.

Unfortunately my wife tells me we married within the 30 day rule on a tourist visa, first problem!

Our intentions were to emigrate to The United Kingdom but so much as happened here since then we are now reconsidering

to emigrate to the Usa instead.

We have $200.000 (me the Uk Citizen in my account) from a sold property.

Due to how expensive the Uk properties are and living expenses we are contemplating going to USA route instead.

Can I the husband sponsor my self?

Getting married within the 30 days but without the intention to stay at the time cause problems even though genuine?

My wife is currently with me in the UK to December 19th of which I was hoping to go back with her, can we apply for AOS once there

with out any problems if we can prove that our intentions originally wasn't to emigrate there.

we haven't much time to make some huge decisions of which way to go.

Been together since 2011 and as been a long journey of stress, would love just be able to relax and settle down with out worry.

My wife doesn't have enough tax credits or a family sponsor to help the situation in the USA.

Any real good advice welcome

If you guys are in the UK now, and you departed after marriage, within the timelines of the visa, then the so called 30-day rule does not apply (it's actually not even a rule but more of a rule of thumb, but that is another discussion).

The way to move into the US would be thru a CR-1 if the USC is in the US at this time, otherwise, a DCF-Direct Consular Filing, but not aware whether this option is available in the UK.

DCF is worth exploring is spuse would remain in the UK and there is some residency established (and shorter time). Since it seems spouse is going back to US, DCF might be off and CR-1 is the way to go. You would need to provide more details as to your plans for best advice.

The Dec 19th date you have is not very realistic IMHO. Given current TOS in this forum some of the advice that could be provided here could be considered violation of terms, thus I won't; but I'd strongly encourage that you guys go thru the guides here (CR-1) and/or your wife consults with an immigration attorney at her return, many do a 30 min consultation at no cost; and I think she would get enough info for your both to proceed on your own (thaty is, without attorney). On the surface, and given the info provided, it would seem a simple case and something you can do on your own.

Assuming spouse files for CR-1 while in the US, it would be about 1 yr, possibly a bit less to have the petition approve. Upon entry, you 'd get a GC (a temporary one given the length of marriage). There are other avenues, but those would be best described by an attorney (I'm not)

Edited December 1, 2013 by Gosia & Tito

[Pat & Chrissy 0]

You can self sponsor the I 134, but you will need the I 864.

If you were in the US you could have adjusted then.

Thx....but my worry is now is the concern they would look on us with suspicion because we married with in 30 days..Like I say this wasn't the purpose to live in the USA But Uk.

[Pat & Chrissy 0]

If you guys are in the UK now, and you departed after marriage, within the timelines of the visa, then the so called 30-day rule does not apply (it's actually not even a rule but more of a rule of thumb, but that is another discussion).

The way to move into the US would be thru a CR-1 if the USC is in the US at this time, otherwise, a DCF-Direct Consular Filing, but not aware whether this option is available in the UK.

DCF is worth exploring is spuse would remain in the UK and there is some residency established (and shorter time). Since it seems spouse is going back to US, DCF might be off and CR-1 is the way to go. You would need to provide more details as to your plans for best advice.

The Dec 19th date you have is not very realistic IMHO. Given current TOS in this forum some of the advice that could be provided here could be considered violation of terms, thus I won't; but I'd strongly encourage that you guys go thru the guides here (CR-1) and/or your wife consults with an immigration attorney at her return, many do a 30 min consultation at no cost; and I think she would get enough info for your both to proceed on your own (thaty is, without attorney). On the surface, and given the info provided, it would seem a simple case and something you can do on your own.

Assuming spouse files for CR-1 while in the US, it would be about 1 yr, possibly a bit less to have the petition approve. Upon entry, you 'd get a GC (a temporary one given the length of marriage). There are other avenues, but those would be best described by an attorney (I'm not)

Many thx....In fact we were looking at a 30 min consultation with a lawyer in California...

Do appreciate you long post and time...

[Boiler 47,499]

Thx....but my worry is now is the concern they would look on us with suspicion because we married with in 30 days..Like I say this wasn't the purpose to live in the USA But Uk.

There is no 30 day rule, you can marry in the US straight of the plane.

You came over on the VWP, married and left, lots of people do that, Las Vegas baby?

Now you are in a completely different situation, wanting to emigrate to the US.

Does your wife have ILR in the UK, what is her status in the UK?

[Pat & Chrissy 0]

There is no 30 day rule, you can marry in the US straight of the plane.

You came over on the VWP, married and left, lots of people do that, Las Vegas baby?

Now you are in a completely different situation, wanting to emigrate to the US.

Does your wife have ILR in the UK, what is her status in the UK?

Hi mate,

long way from home..lol...

My wifes 6 month visa runs out on the 19 th December but after lots of different considerations we have decided to have a look

at the USA way.

She is here on a tourist visa even though UK immigration at border control were concerned she would stay illegally they

granted her 6 months but said next time best for her to come back on a spouse visa.

Due to the law changes here making it very difficult for non EU to come here and the expenses here we have had a change of heart with the UK....

Also her son misses his friends back home(Missouri)....So if we can we would like to see a way forward to the USA

[belinda63 3,053]

The problem is you left the US after the marriage. Now if you return on the VWP with the intent to immigrate (which is fraud) you may be denied entry to the US or you may have problems explaining how you "suddently and without intent" decided to remain in the US with your wife after you quit your job, sold your home, have all your belongings with you, etc. Think about it...how are you going to answer the question "How long do you intend to visit?" If you lie you risk a lifetime ban for misrepresentation. If you tell the truth they won't let you in. Even if you make it past the gates don't you think it will be a little suspicious when you file to remain?

Your wife needs to file a petition for the CR-1. This is the legal and proper way to do it.

[dwheels76 5,486]

Hi mate,

long way from home..lol...

My wifes 6 month visa runs out on the 19 th December but after lots of different considerations we have decided to have a look

at the USA way.

She is here on a tourist visa even though UK immigration at border control were concerned she would stay illegally they

granted her 6 months but said next time best for her to come back on a spouse visa.

Due to the law changes here making it very difficult for non EU to come here and the expenses here we have had a change of heart with the UK....

Also her son misses his friends back home(Missouri)....So if we can we would like to see a way forward to the USA

Then your best bet is filing DCF directly at embassy might get done in about 3 to 4 months compared to maybe a year if you filed in US. I would get that in nowish. Read the guides for all you need to submit and get to the embassy.

[NikLR 13,234]

If your wife has legally been in the UK for 6 months she can start the DCF proceedings at the US embassy in London Even if she leaves the UK after starting the process, that's okay but you're looking at a VERY SIGNIFICANT time difference. I totally agree with Dwheels here. Look into this, otherwise you will have to do the CR1 route. You, the beneficiary, the non-USC or LPR, cannot move to the USA with the intent to immigrate via the VWP. You cannot AOS. Had you both just stayed in the USA after the wedding without that intent and then did the AOS you would have been fine. But right now you'd have to tell the CBP (US Border guards aka customs) that you want to immigrate to the USA and they will 99.9% tell you to go back to the UK.

[Boiler 47,499]

She is there as a visitor with a maximum stay of 6 months.

[bettypentiér44 12]

Hi folks,

This is a long story so I will only point out the facts.

I married my girlfriend last year on July 10th 2012 with intention of returning to the UK of which I did.

Unfortunately my wife tells me we married within the 30 day rule on a tourist visa, first problem!

Our intentions were to emigrate to The United Kingdom but so much as happened here since then we are now reconsidering

to emigrate to the Usa instead.

We have $200.000 (me the Uk Citizen in my account) from a sold property.

Due to how expensive the Uk properties are and living expenses we are contemplating going to USA route instead.

Can I the husband sponsor my self?

Getting married within the 30 days but without the intention to stay at the time cause problems even though genuine?

My wife is currently with me in the UK to December 19th of which I was hoping to go back with her, can we apply for AOS once there

with out any problems if we can prove that our intentions originally wasn't to emigrate there.

we haven't much time to make some huge decisions of which way to go.

Been together since 2011 and as been a long journey of stress, would love just be able to relax and settle down with out worry.

My wife doesn't have enough tax credits or a family sponsor to help the situation in the USA.

Any real good advice welcome

I'm going to probably echo what others have said, but hey ho.

So, with you guys getting married when you were on a tourist visa. There is absolutely no problem with that. If you had stayed and tried to apply for AOS after that, then there would have been a problem. But there is no law saying that you can't get married while on a Visa waiver!!

If you go back on a visa waiver now and try to apply for AOS you are also going to have a problem as you would have entered with the intent to stay and that is a huge no no. You need to go about this the proper and unfortunate long way and apply for the correct visa. I would hazard an educated guess and say that if applying for AOS was ok to do on a tourist visa then everyone would have done it not gone through the visa process.

Yes it's long, yes there is a lot to do and it can be really stressful, but if you want to be there with no problem then it is the only way to go.

I'm not sure about you sponsoring yourself, but I can't think that it would be problem. If you are able to support yourself and prove that you won't become a public charge on the system then I can't see how that would be an issue.

I hate to tell you this, but you will be quite a few months away from being able to "sit down and relax". This will be a real test on your relationship and will be difficult at times, but will eventually be worth it! You've found a great site for support and advice here so use it.

Good luck

[Boiler 47,499]

More people AOS than go the 'proper' way.

He can not self sponsor, as I have previously mentioned. Now his wife may be able to use their joint assets but she must be the sponsor.