ESTA - marriage & pregnant

[Nicky83 1]

5 hours ago, Sparkle Sparkle said:

True!

 

That is a possibility 

 

The earlier the better giving the situation at hand

 

As you have been told it is illegal because it shows pre conceived intent...It might not end well. However the decision is left for you and yours truly. It is also against Visa journey TOS to advise on such actions

 

My thoughts exactly...even with AOS, he faces refusal and deportation. Then you will have to start over

 

If I understand clearly, you want to use the prolonged adjudication process for AOS to your advantage...So he gets to stay in the US with you till he faces deportation or you leave on your own accord...In other words green card and his stay in the US is not your goal?

No not a goal for green card as i will be leaving the US After GP  is complete .

Never even crossed our mind regarding prolonged adjudication. 

 

 

 

I have talked to a few people regarding this now . We need to decide what to do 

 

It was suggested although it was only a suggestion :

 

Marry and filing AOS along with me filing  I-601and I -130 spousal visa and argue regarding support of the father for both myself and baby

The child growing up without the support of the father  

 

That most times for the spouse of US citizen things can be a bit more lenient unless there are current arrests of violence or moral turpitude and dui not realy either (  20 years ago still there but not as much of an issue as ones recent )

That typically approve waiver of inadmissibility.

 

 

 

[Sparkle Sparkle 913]

24 minutes ago, Nicky83 said:

 

Marry and filing AOS along with me filing  I-601and I -130 spousal visa and argue regarding support of the father for both myself and baby

The child growing up without the support of the father

you can try...but that does not preclude visa fraud as he has preconceived intent...hw will be bared and I do understand greencard and stay in the USA is not the goal

[Boiler 43,791]

Sounds like just wants to hang around in the US until she is ready to move

[carmel34 3,538]

41 minutes ago, Nicky83 said:

Marry and filing AOS along with me filing  I-601and I -130 spousal visa and argue regarding support of the father for both myself and baby

The child growing up without the support of the father  

 

That most times for the spouse of US citizen things can be a bit more lenient unless there are current arrests of violence or moral turpitude and dui not realy either (  20 years ago still there but not as much of an issue as ones recent )

That typically approve waiver of inadmissibility.

The biggest issue with this path, assuming he can even enter the US, is on the AOS forms he will need to be completely honest and declare his past criminal history.  The US and UK share databases, so it will very likely come up when they do the background checks during the AOS process, so he should not even think about trying to hide it.  A charge of misrepresentation could come with a lifetime bar, he could face the future problem of never being able to enter the US.  Then there's the misrepresentation on past VWP applications...  I suggest a very good US immigration attorney.  Good luck!

[HRQX 4,145]

19 hours ago, Nicky83 said:

File for spouse visa . By time it came through we would prob be leaving then any how back to the uk

In order to visit he would need to go through the INA 212(d)(3) process for a B-2 visa.

19 hours ago, Nicky83 said:

together for 2 year

The B-2 I-94 would definitely be way less than 2 years. If the B-2 is approved then he should plan to visit for short time (i.e. just a few months).

[Nicky83 1]

4 minutes ago, HRQX said:

In order to visit he would need to go through the INA 212(d)(3) process for a B-2 visa.

The B-2 I-94 would definitely be way less than 2 years. If the B-2 is approved then he should plan to visit for short time (i.e. just a few months).

Is there a lead time on this aswell as lead time on a waiver ? As waiver i mean would i apply for him if denied which it prob will be .

He hasnt used the esta yet atall and never been to the states . We have met each other families etc

[Nicky83 1]

Ok so for a scenario .

 

If someone enters the USA on a visa waiver for the first time 

 

They decide that they want to get married and it wasn't the original intent.

 

They get married at the end of the visa stay and file AOS .

 

get a interview and its then realised that arrests / convictions should of been declared as not classed as spent. A silly but genuine misunderstanding and miss read mistake that is the fault of that person

 

The USA citizen would file I-601 and I-130 for spousal and waiver 

 

Or would the spousal visa need to be applied during the AOS and a waiverwhen the query came up regarding past arrests etc 

 

Or 

 

Realise the error and file everything 

AOS - I-601 - & I-30 At the same time

Edited August 30, 2021 by Nicky83

[Boiler 43,791]

You mentioned in your original post that he did use the VWP,  has visited you.

[Nicky83 1]

13 minutes ago, carmel34 said:

The biggest issue with this path, assuming he can even enter the US, is on the AOS forms he will need to be completely honest and declare his past criminal history.  The US and UK share databases, so it will very likely come up when they do the background checks during the AOS process, so he should not even think about trying to hide it.  A charge of misrepresentation could come with a lifetime bar, he could face the future problem of never being able to enter the US.  Then there's the misrepresentation on past VWP applications...  I suggest a very good US immigration attorney.  Good luck!

This is what we mean regarding we know we would need to declare everything. The issue would be not declaring on the original esta . Yes we know now . Well he does but it was a mistake not a deliberate one regardless of what is thought.  Hence now finding out regarding the I-601 Waiver. 

 He has had it almost 2 years in april. He just hasnt used it . He got it to originally to attend events with friends in the 501st legion and rebel legion. All charity based but he has accurate chewbacca and stormtrooper costumes . His plan was to attend various cons including star wars celebration in the USA.

[Nicky83 1]

10 minutes ago, Boiler said:

You mentioned in your original post that he did use the VWP,  has visited you.

Loosing track of everything including dates.  yes you are right. His new one although we know its still the same issue .

Regardless of him being here before or not i dont think it alters the situation were looking at .

 

 

 

[Boiler 43,791]

If he wishes to use the VWP he needs a correctly completed approved ESTA

[Ontarkie 13,979]

~~Thread locked for TOS Violations -Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.  Members have already mentioned AOS is not an option for your and your fiancé. You have already shown intent by coming up with your different scenarios. This thread is not to be restarted. Future threads are only to discuss your legal options.~~