calenwen

Hi guys! First, many thanks, as lurking on this forum has answered so many of my questions and calmed many of my anxieties about this whole process!

Alas, some still remain. Here is a copy of my cover letter, which also states everything I'm submitting as supporting evidence. My British husband and I (American citizen) have spent the last few years traveling and don't have any lease agreements, joint bank accounts or any of the more solid types of suggested supporting evidence. Do you think what we have is enough??

Dear Sir/Madam:

I, Claire ____ , a citizen of the United States, would like to file a petition I-130 for my spouse, Leon _____.

Please find enclosed the following required and supporting documents:
· Check for I-130 filing fee in the amount of $420.00
· Completed and signed form I-130
· Addendum detailing Other Names Used for beneficiary, Item 7 on form I-130
· Completed and signed form G-325A and photograph (petitioner)
· Completed and signed form G-325A and photograph (beneficiary)
· Addendum detailing residences of last five years for both petitioner and beneficiary
· Copy of my U.S. passport to prove U.S. citizenship
· Copy of my U.S. birth certificate
· Copy of our marriage certificate ×
· Completed and signed form G-1145

Evidence of bona fide marriage:
· Copies of affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of our marriage
· Photographs of my husband and myself documenting our life together
· Photocopies of our respective passports documenting that we entered China and received our residence permits on the same day
· Wedding cards given to us for our marriage

Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.

--

Do you think this is enough? I have four affidavits (although only one is signed) and about two dozen photos of us in various locations around the world from the past few years.

Random other things that are bothering me...

-Gaps in our residence history. Because of all the traveling we have large gaps in our residence history. I have attached an addendum explaining that we were traveling around a lot and included a loose itinerary of where we were.

-When I listed my occupations on the G-325a some of the titles didn't fit (I typed it then printed). This seems irrelevant, as you can still make out the majority of it, do you think this will matter?

-When filling out the G-325a as the beneficiary where it says "Applicant's last address outside the United States of more than 1 year" - Do we just repeat what he put above for his residence?

Black and white photocopies are fine, right??

Thank you a million times over. This process is turning me into a nervous mess - I just want to get it sent off!

You need to have an onward ticket to use the VWP.

I thought so, too! Surprisingly, BP didn't even ask my husband if he had an onward ticket.

Hey, my husband and I are currently in the USA and are considering applying for his green card. We are wondering, since he can keep his passport during application, if there are any restrictions on travel for either of us while the application proceeds?

UPDATE:

There is a USCIS application support centre not far from where we live, and my husband was able to drop by the other day (couldn't find a phone number, only an address!). He asked a member of the staff there if it was okay to apply for a green card even though he was over on the VWP and the staff member said that it was fine and wouldn't be a problem. So...? Guess we'll go for it!

Thanks for all of your thoughts, insights, and shared experiences. They were immensely helpful and I'm glad to know there's a community like this out there.

Yes, your husband came here on VWP. Does anyone know if they still disallow appeals for denial when adjusting from VWP? That would be my concern if it was me in your situation. Perhaps someone can answer that.

Yes, thanks again, this is an important point. Does anyone know if you are able to appeal a denial when adjusting status from VWP?

calenwen,

Read this very long thread

http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

Basically, it is very hard to bring your non-EU spouse to the UK now.

Here is a very long house of commons debat on it too!

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=10878&st=16%3a56%3a33.3070000&player=silverlight

This is unbearably depressing and completely unfair.

Do you have a job here in the US or a co-sponsor lined up? I just ask because you mention that you are "poor." You have to meet a minimum income or have enough in assets.

Yes, I do have a co-sponsor lined up, thanks. Have recently begun working part-time, but it's hardly enough to satisfy the requirements.

NOTE:

I'm afraid I wasn't clear enough in my opening post. My husband entered the USA after registering with ESTA, for what I assume is the VWP. When questioned by Border Patrol he stated that he was here for just under three months, to visit Yellowstone and see friends. They did not ask him if he was married and he did not say. He has a return ticket to England booked for September. He will use it if he must. Our intention was to continue travelling. Upon arriving, we realised that it was possible to get him a green card, and thought the timing seemed right. Frequent traveling can really take it out of you, and we felt ready to relax with family and stay in the same place for longer than a few months.

I envy you Guys. This is exactly the lifestyle I wish for my kids.

Good luck on your VisaJourney.

PS: I would remove the picture and other personal identifiers due to the sensitive nature of your queries. USCIS has been known to visit VJ, allegedly.

Aw, thanks! It can seem quite romantic and enviable, but it creates a lot of problems, such as not having a permanent address and being rather poor! We may have a bit of trouble proving the "bonafide" qualities of our marriage, as we don't own anything together, and our main place of shared residence was in China and a fat chance we'll have of getting any paperwork proving anything from over there!

UK law has changed, much more interesting now.

Stay and adjust, it would be every unusual for there to be an issue.

How has the UK law changed? If things don't work out here, we'll likely try over there, so I'm quite curious!

Are you sure your husband has a visitors visa, rather than coming here on the VWP?

The reason I ask is because I remember that there was a rule that you could not appeal a denial if you were here on VWP. I don't know if that still exists, but it's something I'd check into if I were you. I don't know if he is on VWP, since you said visitors visa. But I wonder why he would get a visa for 90 days, unless he was previously denied entry to the US? You should also try and think about what he was asked by CBP when he arrived, and what he said. That can be important.

Good luck.

A separation is not the end of the world, sometimes it's necessary to do what's best for your long term future. And with immigration...making sure you can stay together long term is far more important than being together in the short term. However, it seems like AOS from VWP or tourist visas are often approved and I wish you all the best.

Helen

Thank you, Helen!

To be honest, I'm not sure. I know he had to register on on ESTA (Electronic System for Travel Authorization) before coming over. Is that part of the VWP? He was not previous denied entry to the USA. I'll ask him exactly what he said when he was questioned by the CBP - but why is this issue so important? Do they record all the conversations?

Sorry about my cluelessness on these issues! x

He entered as a tourist/visitor. That is non-immigrant admission to the US. If his true plan was to remain in the US and apply for permanent residence, then he misrepresented his intention. Misrepresented is a nicer way to say he lied. Lying to an immigration official can have dire consequences.

Typically there are no repercussions in circumstances similar to yours. Anyone telling you that there is no possible problem is not being truthful. But always remember that it is your lives that will be impacted by your decisions, not the advice giver(s). Gather all the information and make an informed decision.

Thank you, your advice seems quite seasoned and wise. Do you have any recommendations on where to search for reliable information on this or related topics? I have been trying, but keep turning up with quite conflicting information.

It is not arbitrary. Maybe you meant that it would be difficult to prove intention.

If your husband did not have a return ticket or if he had all of his property in the US and no ties to other countries and decided to stay, they could claim that it was his intention all along to stay. You would come back and state that it was not his intention to stay and show proof on your end of ties to another nation (rental agreement, vehicle registration, etc.) and in the end it's up to the adjudicator to decide whether or not to believe you.

Yes, I meant that it would be difficult to prove intention, cheers.

My husband did (and still does)have a return ticket to England, but we are quite young, and so don't have any property either here or there, have been in transit for the past two years, so don't have a permanent residence anywhere or own any cars or .... anything! I feel the system is not set up for either the poor or young.

This is true. Entering as a tourist with the intention of immigrating is illegal and considered fraud. Considering that you are already married, you can start the process but it will not be completed by the time the 3 month tourist visa expires for your spouse to able then adjust status once approved. I would never suggest overstaying the tourist visa, period. My feeling is that you could start the process, your spouse leaves before the visa expires and finish the process accordingly, perhaps spending a few months part unless you are able to accompany your spouse while you wait it out.

Somebody else with more experience with this particular scenario may have better advice to offer.

Best of luck!!!

Omg, I can't bear a separation. We have done crazy things to avoid this, and I wouldn't let it happen now.

There is a section on the I-130 where you mark how your relative (the applicant) arrived in the US, one of the options is visitor, and then the date it will expire....? Ack. In the UK, there is a law that prevents the separation of spouses if you are legally married and living in the country, even if you have overstayed and screwed up on visas, etc. Do you know if we have something like that in the States?

Hey guys, thanks for your quick responses! Really appreciate it!

It all comes down to intention. If he was planning on staying when he entered on a tourist visa, then yes, he committed fraud during the application process. He stated he was entering merely to visit essentially when he actually intended to immigrate. This is lying and is intentional. It could also change the decision of the visa granting authority. Had they known that your husband had the intention of immigrating, they would have declined the tourist visa and suggested that he go the immigration route to enter the US.

If it was his intention to enter merely to visit and then return to his origin, and then after he entered he decided he wanted to stay, then you can petition and adjust his status and it would not be considered fraud because he had the original intention to visit, but then changed his mind while in the US.

So it all comes down to intention at the time of entry and during the tourist visa application.

So you said it all comes down to intention - which is completely arbitrary, right? I mean, how would they ever prove otherwise if we said it wasn't originally his intention to immigrate and then he decided he wanted to stay while here and we decided to go for it...?

Neither side has proof, so do they have to believe us?

Does anyone know of any experiences of this sort? What has happened?

Hi guys,

So our story in brief: met my (British) husband in Wales three years ago, married in Wales a year later. We've been married two years now, and have spent that time in Europe and the last year in China teaching English. We've just returned to the States - him on a three month visitor's visa/tourist visa. Will we have any problems applying for the green card? Have just started looking into this and trying to wrap my mind around it all in a single evening is quite baffling!

I've read that it's considered fraud for the potential immigrant to enter on a tourist visa, marry, and then apply for a green card. But what about if we're already married? Would they really turn down our application simply because of the terms he entered under? (We've only been here a week, so we have nearly three months before he overstays.)

Thanks in advance for your help!