new to the forum

[TennesseeRed 0]

so here i am, needing some advice. my fiance and i don't know where to begin. but here goes. and i know it's long, but i would really appreciate any advice or just moral support because i know you guys understand what all this feels like.

he came here on a B2 tourist visa last june from england. and as crazy as this seems, he actually came here with his at-the-time girlfriend, who is american/english. it was not their intent to get married or commit any visa fraud. it was sort of on a trial basis that they came "together" as their future was on the rocks anyway. she got an apartment and got on with getting a job and a life here (because she could) and he stayed with me and my family. their relationship ended and now we (best friends) have found ourselves in love, and wanting to spend the rest of our lives together. around the end of may he was offered a job and we thought we were home free (so to speak) but when the company learned about how long these things can take then had to turn him down. so, with a mere 2 weeks before his proposed departure date, we were advised by a lawyer to file for an extention to at least buy us some time, not that it would be a final solution. (i should mention that he went home for christmas and so has not violated any visa terms thus far) so, as we understand it, his status is pending and though his situation is not ideal, there arent going to be any serious consequences. now, as we had been thinking that we would save up and he would go home late august, and we would then begin the K1 process, we are now considering the possibility that we should just get married now, and file for AOS and the MARRIAGE visa as opposed to the fiance visa.

so this seems like problem enough, but this is ontop of the fact that there are very few people on our side with this, for too many reasons to say here. i still live at home (still in college, he's out), but i'm taking the steps to move out as we speak. just getting money in order.

i really guess i don't know what i'm asking for. maybe some reassurance that this situation isn't impossible. i guess the thing is we know that it's not hopeless, and we aren't giving up. he is the best friend i have ever had. i know that everyone goes through difficult times in their lives, but we have both had some especially hard times in the years before we met, and now, for truly the first time, i'm feeling like i have something to wake up for in the morning, and he's the same.

i guess that's a good introduction, i'll be back on to let you know how things are going, anything you can tell me would be great

[redpixie 0]

so here i am, needing some advice. my fiance and i don't know where to begin. but here goes. and i know it's long, but i would really appreciate any advice or just moral support because i know you guys understand what all this feels like.

he came here on a B2 tourist visa last june from england. and as crazy as this seems, he actually came here with his at-the-time girlfriend, who is american/english. it was not their intent to get married or commit any visa fraud. it was sort of on a trial basis that they came "together" as their future was on the rocks anyway. she got an apartment and got on with getting a job and a life here (because she could) and he stayed with me and my family. their relationship ended and now we (best friends) have found ourselves in love, and wanting to spend the rest of our lives together. around the end of may he was offered a job and we thought we were home free (so to speak) but when the company learned about how long these things can take then had to turn him down. so, with a mere 2 weeks before his proposed departure date, we were advised by a lawyer to file for an extention to at least buy us some time, not that it would be a final solution. (i should mention that he went home for christmas and so has not violated any visa terms thus far) so, as we understand it, his status is pending and though his situation is not ideal, there arent going to be any serious consequences. now, as we had been thinking that we would save up and he would go home late august, and we would then begin the K1 process, we are now considering the possibility that we should just get married now, and file for AOS and the MARRIAGE visa as opposed to the fiance visa.

so this seems like problem enough, but this is ontop of the fact that there are very few people on our side with this, for too many reasons to say here. i still live at home (still in college, he's out), but i'm taking the steps to move out as we speak. just getting money in order.

i really guess i don't know what i'm asking for. maybe some reassurance that this situation isn't impossible. i guess the thing is we know that it's not hopeless, and we aren't giving up. he is the best friend i have ever had. i know that everyone goes through difficult times in their lives, but we have both had some especially hard times in the years before we met, and now, for truly the first time, i'm feeling like i have something to wake up for in the morning, and he's the same.

i guess that's a good introduction, i'll be back on to let you know how things are going, anything you can tell me would be great

Hello and welcome to the forum! You're in the right pace for moral support, great help and information as it seems that everyone has faced a lot of similar problems to everyone else, and are only too happy to share their experiences. I've only been here for about a month myself and, in that time I've gained some great, helpful information and have spoken to some really wonderful people who are in the same boat.

I wish I could be of some help with your problem, but my situation is different (I've been living with my fiance for over two years now in the states, uk and ireland). I'm not sure, and will most likely be corrected, but I think the fact that if it is known that he came over to the states with his ex, this could be a problem but as I say, I don't know. I know it is going to be expensive, but I would contact an immigration lawyer and explain the situation to them as they should be best equipped to help with your problem. There's other stuff I want to say, but at the risk of giving you potentially incorrect information and building your hopes up, I won't.

I'm sorry that there's not many people on your side there. Be assured that there are going to be a lot of people here who are going to be on your side and that you can talk to us. It may not be the same as having family and friends being there, but we're a pretty nice group and will do our best to support you through this time. I suggest that it's a case that people around you are looking out for what they consider to be your best interest, but they are not always right.

I am really glad that you have both found love with one another and I hope that you can get this sorted out so you can be together for life. It's a tough journey to go through with applying for visas and what not but hang in there! Regardless of which was you decided to go, you will have a lot of ups, downs and some sleepless nights.

Good luck and keep intouch

[Clarky and Tarah 0]

so here i am, needing some advice. my fiance and i don't know where to begin. but here goes. and i know it's long, but i would really appreciate any advice or just moral support because i know you guys understand what all this feels like.

he came here on a B2 tourist visa last june from england. and as crazy as this seems, he actually came here with his at-the-time girlfriend, who is american/english. it was not their intent to get married or commit any visa fraud. it was sort of on a trial basis that they came "together" as their future was on the rocks anyway. she got an apartment and got on with getting a job and a life here (because she could) and he stayed with me and my family. their relationship ended and now we (best friends) have found ourselves in love, and wanting to spend the rest of our lives together. around the end of may he was offered a job and we thought we were home free (so to speak) but when the company learned about how long these things can take then had to turn him down. so, with a mere 2 weeks before his proposed departure date, we were advised by a lawyer to file for an extention to at least buy us some time, not that it would be a final solution. (i should mention that he went home for christmas and so has not violated any visa terms thus far) so, as we understand it, his status is pending and though his situation is not ideal, there arent going to be any serious consequences. now, as we had been thinking that we would save up and he would go home late august, and we would then begin the K1 process, we are now considering the possibility that we should just get married now, and file for AOS and the MARRIAGE visa as opposed to the fiance visa.

so this seems like problem enough, but this is ontop of the fact that there are very few people on our side with this, for too many reasons to say here. i still live at home (still in college, he's out), but i'm taking the steps to move out as we speak. just getting money in order.

i really guess i don't know what i'm asking for. maybe some reassurance that this situation isn't impossible. i guess the thing is we know that it's not hopeless, and we aren't giving up. he is the best friend i have ever had. i know that everyone goes through difficult times in their lives, but we have both had some especially hard times in the years before we met, and now, for truly the first time, i'm feeling like i have something to wake up for in the morning, and he's the same.

i guess that's a good introduction, i'll be back on to let you know how things are going, anything you can tell me would be great

If you want to get married and file for AOS make sure you do it before he goes back to England. If you wait until he leaves and then returns you would be committing visa fraud because you would already have the intent to marry. But from what I understand from your post you guys weren't intending to marry when he came here the last time and that it was spontaneous. If that's the case I'd recommend filing for AOS now instead of K-1. If I'm wrong ignore everything I said .

[redpixie 0]

If you want to get married and file for AOS make sure you do it before he goes back to England. If you wait until he leaves and then returns you would be committing visa fraud because you would already have the intent to marry. But from what I understand from your post you guys weren't intending to marry when he came here the last time and that it was spontaneous. If that's the case I'd recommend filing for AOS now instead of K-1. If I'm wrong ignore everything I said .

That's what I was thinking too but didn't want to say incase I was wrong.

[TennesseeRed 0]

yeah that's what we have been thinking, get married before he'd ever go back and file for AOS. we're just wondering if it's a problem that he's filed for and extention.

[Rings 10]

Read This Thread

CLICK ME

[TracyTN 237]

Just wanted to pop in and say HIYA to another Tennessee/UK couple.

[desert_fox 32]

Dont let him leave the country or it may be months before you see him again. Do not work illegally...this wil cause you nothing but problems.

[pushbrk 14,106]

If you want to get married and file for AOS make sure you do it before he goes back to England. If you wait until he leaves and then returns you would be committing visa fraud because you would already have the intent to marry. But from what I understand from your post you guys weren't intending to marry when he came here the last time and that it was spontaneous. If that's the case I'd recommend filing for AOS now instead of K-1. If I'm wrong ignore everything I said .

That's what I was thinking too but didn't want to say incase I was wrong.

I'm thinking in the same vein but we are missing some critical information. When did you decide to marry? Was it before or after he went home for Christmas. More to the point, was it before or after he last entered the US?

If before, no go. If after, then if you can marry before he leaves, he can stay and adjust status. When you adjust status there is no "visa". He's already here. The catch is, if you go this route, he needs to stick around in the US without working until he has work authorization and Advanced Parole or AOS is Complete (Green Card). Otherwise, if he leaves he needs a spouse visa to return to the US.

[TennesseeRed 0]

we decided to marry within the last couple of months, after his last entry, and the thing is, because we're so uncertain of things, very few people even know at this point anyway.

[Yodrak 7]

TennesseeRed,

Have a consultation with an immigration attorney to discuss the complete circumstances. You will get advice on both what your options are and how to present your case so that the option you chose has the best chance of succeeding.

Yodrak

so here i am, needing some advice. my fiance and i don't know where to begin. but here goes. and i know it's long, but i would really appreciate any advice or just moral support because i know you guys understand what all this feels like.

he came here on a B2 tourist visa last june from england. and as crazy as this seems, he actually came here with his at-the-time girlfriend, who is american/english. it was not their intent to get married or commit any visa fraud. it was sort of on a trial basis that they came "together" as their future was on the rocks anyway. she got an apartment and got on with getting a job and a life here (because she could) and he stayed with me and my family. their relationship ended and now we (best friends) have found ourselves in love, and wanting to spend the rest of our lives together. around the end of may he was offered a job and we thought we were home free (so to speak) but when the company learned about how long these things can take then had to turn him down. so, with a mere 2 weeks before his proposed departure date, we were advised by a lawyer to file for an extention to at least buy us some time, not that it would be a final solution. (i should mention that he went home for christmas and so has not violated any visa terms thus far) so, as we understand it, his status is pending and though his situation is not ideal, there arent going to be any serious consequences. now, as we had been thinking that we would save up and he would go home late august, and we would then begin the K1 process, we are now considering the possibility that we should just get married now, and file for AOS and the MARRIAGE visa as opposed to the fiance visa.

so this seems like problem enough, but this is ontop of the fact that there are very few people on our side with this, for too many reasons to say here. i still live at home (still in college, he's out), but i'm taking the steps to move out as we speak. just getting money in order.

i really guess i don't know what i'm asking for. maybe some reassurance that this situation isn't impossible. i guess the thing is we know that it's not hopeless, and we aren't giving up. he is the best friend i have ever had. i know that everyone goes through difficult times in their lives, but we have both had some especially hard times in the years before we met, and now, for truly the first time, i'm feeling like i have something to wake up for in the morning, and he's the same.

i guess that's a good introduction, i'll be back on to let you know how things are going, anything you can tell me would be great

Edited July 11, 2007 by Yodrak

[pj1959us 0]

You don't have to answer here but I am wondering why he obtained a B-2 tourist visa when those from the UK can visit the US on VWP. There are specific reasons this is done and depending on the circumstances it could cause problems and/or delays for not only adjusting, but obtaining a visa.

Depending on those reasons, it is even more important for a consultation with an immigration attorney to discuss what could cause problems for an adjustment within the US, or even obtaining a visa if you decide to pursue a K-1/K-3, etc. Be sure that the attorney is advised of all issues so that you can receive the best advice possible.

Edited July 11, 2007 by pj1959us

[TimsDaisy 0]

Lots of brits get B2s if they know they want to stay longer than 90 days at a stretch. That's not a cause for concern alone.

Questions of fraud turn not on the intent to MARRY at entry, but on the intent to REMAIN in the country. You can come in, get married here, and go home. It's if you intend to emigrate and try to do so under a non immigrant visa that there are problems.

If he came into the country not planning to stay here, then go get married and start the adjustment of status paperwork. Otherwise, you can get married, he can leave, and you can file for a K3. Or, you can stay engaged, file the K1, then he leaves when he is supposed to and you wait for the K1 for him to come back and get married.

Your NUMBER ONE priority at this point should be protecting his ability to enter the US under the Visa Waiver Program. That thing is gold. Don't muck with it. If he violates his I-94 date or terms of a visa, then the BEST case scenario is that he loses the VWP, which is a VERY bad thing.

Start reading like crazy to understand the processes available to you (read more than this thread, that's for sure), then consult with a lawyer if you feel you need it. Then make your own decision based on research and advice.

Bear in mind that no one here is an immigration attorney or works for a government agency. We don't know 100% of your story, nor do we know 100% what will, could, might, or is likely to happen to you.

[chelseafan 0]

Welcome TennesseeRed,

I've heard the name "Laurel Scott" mentioned over and over on several different immigration forums-this one included. Not all attorneys "know" about immigration (as TD mentioned), perhaps someone else could chime in with resources for the OP to follow up on.

Kudos to the OP for starting some research. The more knowledge you have, the better! Best wishes.

[TimsDaisy 0]

If people MUST use the internet as their first resource for finding and judging the quality of an attorney - the fist stop should be the State Bar website in their state and the second should be http://www.martindale.com/ - a database of a ton of lawyers(still a pay service, but less sketchy than some ####### who pays extra to run a google banner ad) that includes information on their education background as well. Like a more full-info yellow pages of lawyers. You can search by geographic area and by speciality. Then cross check that with the State Bar for your state - most will offer the ability to search for any complaints or disciplinary action. You can also call to get a reference.

Nothing beats a face-to-face interview however. No lawyer should take a DIME from you before asking enough questions of you to know they can help you and ascertain that they have the expertise to take the case.

Don't let them intimidate you. Lawyers are like any other service provider - a repairman, electrician, or plumber. You're paying for a worker skilled in a trade. Make sure you like who you pay for and you know what you should get when you pay.