N and J

The benefit would be not intending to immigrate using a tourist visa or the VWP. What would be the point of the spousal visa if it was just ok for people to plan immigrant intent, and get a tourist visa(or use VWP) to do so?
Were you asked the purpose of your trip to the US when you entered? What was your answer? Had you told them you were planning to enter as a visitor, stay and filed for AOS, think the CBP would have allowed you entry?

Using the visa waiver program or a tourist visa to enter the USA with the intention of staying is visa fraud.
But to your question- you need to fulfill two conditions to file ROC, both have a greencard for 2 years and be married to the USC for that time.

The spousal visa gives you permission to enter the country legally with the intent to migrate, AOS gives you permission to stay in the country. Technically you will be committing 'fraud' if you used a B1 (tourist visa) to enter he country since that visa is for entries without intent to migrate.

So you just decided to move to the US and stay without filing for a spousal visa first?
Anyway, if married less than 2 years when your green card is approved, then it will be a conditional card, and you will need to file for ROC within 90 days of it expiring.
~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

getting a lawyer is a full waste of money , and dont really need notarization but think the only thing i may get notarized is the affidavit of support , and its two letters of intent one for u and your fiance ,plz check the guide and study it well , too many ppl dont research and end up getting RFEs or getting denied all together , its really not that hard to do on your own , i think its just ppl who are lazy

Well I'm stumped. Sounds fishy to me. Maybe call the embassy?

I don't know if you have to fill out a waiver. I would think you may want to just in case. Expect extreme scrutiny especially your marriages didn't last more than a year.

Call the police. She cannot legally keep your property and the documents she kept. She can not force you to leave, you need to agree to leave without a court order.
Also get a lawyer asap. A divorce lawyer familiar with immigration issues. She cannot get you deported or withdraw your ROC. The ROC application is your application and they won't even talk to her about the status of it without you giving permission to them to talk to her. No matter what she attempts to tell USCIS, they'll pretty much ignore it unless she has hard evidence fraud was committed.

How would OP know if his employer produced fraudulent documents? As far as I know the employer files for the foreign worker, and the foreigner has nothing to do with the paperwork...making it completely plausible for the foreigner to not know if the employer is doing something crooked.
Please correct me if i'm wrong as I've never been sponsored by an employer before...but this i just my understanding of how it works.

My wife and I spend 8 years half a world apart before she came here and we got married. I would have loved to have been together twice a year, but the distance, cost and limited vacation time prevented that. I was lucky when I could make it every year. If you're right for each other and both willing, it can work until you're ready for marriage.

I don't have the answer to your prayers, just want to offer some encouragement. We've all been in long distance relationships and if we can do it, so can you. Husband and I did it for 7 years before we were ready for marriage. We were 20 when we met, so I totally understand and respect that you aren't ready for marriage yet. My husband is from London. I understand how hard it is to work in London and scrape together the funds to fly to America for a week at a time twice a year. It was really hard for him to come up with the money at the end of the month, every month to try to save... Then spend it all on a flight and start from zero again. It's physically and emotionally draining.
But you can make your relationship a priority. If you want it bad enough, you will find a way. There's nothing special about me or my husband. We just never gave up on us. And it was absolutely worth it.

I am going to go to the post office tomorrow. I am going to ask them the address it was sent to. The guy from the post office told me they scan the mail and then scan the po box they put the mail in....So I am going to see if the scan addresses match.

http://morocco.usembassy.gov/mobile//service/professional-services/marriage-information.html
Not sure if you have seen this or it helps...
Another option which i dont know if its possible Spain ?? Can you marry there?? Did you look into that ??

I wish you good luck. I know you feel bad but she isn't going to feel bad for you when you end up in jail or deported. Just letting you know. She doesn't feel bad that you hurt or that this is bad for you...She feels bad for herself. Which is normal. She feels bad because her feelings are hurt. Good luck though!! I hope everything works out.

I wish you good luck with that. It is very typical for a BPD to do anything to reel a victim back in. Once you're in, all promises go right out the door.

A state's legal position on drug use has nothing to do with immigration law, which is in the domain of the federal government. It's illegal there and will most likely remain that way. If the federal government wanted to, they could enforce the federal laws within those states where it is legal, rendering it's current legality in that state null and void. The OP has a slim to none chance of getting the husband in this country, but she has options abroad. As a dual citizen, the daughter also has a right to see her father, and the mother has a visa to enter if she maintains it. I suggest she do that, before that is allowed to lapse and chances become even further complicated. Humanitarian reasons are also not strong enough.

I'm sure everything is fine; We sent our k-1 package off in very early February 2015 and received our NOA1 three and a bit weeks later. It then took 6 months to get our NOA2.
Some go through faster some slower, I would sit tight and if you haven't received anything after the 30 days have past, I would call as USCIS as they suggested.

A three year old can easily move and adapt at this point in her life. She will be changing schools several times even if she never leaves California. Grasping for excuses with that one. You have a viable visa to UK to be united with your husband. That's a tough argument for a waiver hardship in my opinion, if he's even waiver eligible. I am skeptical to believe a work visa is a viable option if a K1 or CR1 is not due to his charges. Why would a work visa be any different? I am somewhat familar with waivers, but not an expert.
OP, to me its sounds like you just don't really want to go. Your heart is not in your marriage/relationship. I think you know what you want to do.

The UK isn't some backwater or third world country. It has an excellent culture, some of the finest people, excellent education, and while an American may bulk at the care on the NHS it is something a lot of Brit's still would not trade for a life of our insurance systems. Life can be a little slower paced, but there is much peace and enjoyment to be found there. It's a different experience for every person.
What to do if I were in your shoes? Well, it took 10+ years of hard work and sacrifice for my husband and I to be together. He made the choice to come here because of the UK's immigration rules.. rules that you found easy to overcome. If I had been in your situation and such application was a success, I wouldn't have hesitated for a second to leave America and go to him. Don't think for a second that wouldn't have been hard. I've traveled much, but lived my whole life here. My parents are elderly, and my mother has cancer and other health problems. My husband had a soul-destroying, low paying job at an American-based company in the UK but at least it was a job, a roof to live under, free healthcare that was available to him whenever he wanted, many dear friends, relatives, and elderly parents. But now he has to start over completely fresh, and left everything behind. That was so painful for him, and I never wanted him to have regrets about it. But we love each other, love means sacrifice. We love each other more than anything. Immigration is a privilege that requires a high sacrifice indeed. That's what all of us have to do when they make that choice. It's a hard thing. To say that you are not sure of your love for him, and that your attachment to your country is more than that love - must mean there is something more to the dynamic of this relationship.
No one can tell you what you want the most. You have to decide for yourself. If you are angry, if there is resentment due to your husband's mistakes... that is something that cannot be helped now. You married him. You created a life with him. It's up to you what comes next. How does he feel, in understanding your situation? The right for you to stay in the UK under that visa only lasts for so long, there will be many more processes for you to go through in the future.

I wanted to chime in because although I have no experience of waivers, I am in a similar but reversed situation. I am the UK citizen and my husband is the US citizen. Our plan was to live in the UK as I have a very good job. I have a master's degree and have spent many years in the same industry and I'm doing very well. My husband loves the UK (although he has never been). He loves the music and culture here. He's an artist.
But my husband has been permanently banned from the UK. He cannot even visit. Even when I was in the hospital last year about to face brain surgery he was not allowed to come. Because he has a conviction for theft from 1990. We were devastated but we have moved to plan B and applying for my spousal visa for the US. I will also be leaving a very good job here. I'm hopeful that I will find employment in the same field there but I have decided if I have to flip burgers at McDonald's then I will. That got me through university so I can do it again if I have to. I would be suicidal if I couldn't live with my husband.
We are having to make the best of a bad situation. My parents are also from two different countries and are divorced and I was sent back and forth between two countries throughout my childhood. It was tough. I'm not thrilled about moving to the USA but this is the man I want to be with. If I am denied a spousal visa (and there's nothing in my history to suggest I will be but I err on the side of caution) then we will look at another European country. Even if the UK leaves the EU I still have another EU citizenship to fall back on so there is that advantage for me.
I've reached the stage where I don't care what I earn, where I live, whether the weather suits me. It's my husband I want. And I'll do whatever it takes. My husband currently rents one room in a shared apartment. That's where I will be living too when I arrive. Yes, I had my own house here, garden, drive, etc. I enjoy my job. I have good friends. But I am leaving them behind for my husband and I would do it 1000 times over if I had to.
There isn't even a 15-year clause or a waiver for my husband to come to the UK. Our only hope is a change in the law by a subsequent government.
I made a vow to him - in good times and in bad times, in rich times and in poor times... And this is what I have to do.
I think you need to think about what matters to you. What stood out for me was you said your husband is a "nice guy". I work with nice guys, my neighbour is a nice guy. My husband is so much more than that. What is your husband to you? I was also concerned that you said you wouldn't have married him or had a child with him if you had known he couldn't move to the USA. Quite frankly, immigration is a privilege. Even with a spotless record there is no right to immigration. One of you would have had to move. You are resentful towards him that he can't and you are refusing to. You can't afford to be that stubborn on this path. You should have married a Californian.
I'm not going to say anything about your slating of the UK, the NHS and our justice system when you've never even lived here. Your husband did the wrong thing and this is part of the punishment. We don't all hate Americans. I'm sorry you got a raw deal from the system, so did I. But you need to focus on how you can make it work rather than spew hatred towards a country that you may well have to call home if this marriage means anything to you.

Just a note since you just posted it.

If you have resentment for your husband because he can't come into the US and you refuse to move, then your relationship will most likely fail even if he eventually gets here.

Lot's of people are nice guys, but your husband should be more than just a nice guy you don't really feel like divorcing.

Unless you didn't know of his criminal background, you should have known that having these charges would have caused issues. This isn't something that is going away, this isn't something that is changing. You shouldn't hold his past choices against him, it was a time prior to you and no one is perfect.


Did you only marry him because you were pregnant?

From your own post above, it doesn't really sound like the "fight" for this is there.




As for what would I do if I were in your shoes? I would move to the UK. The only reason that I didn't move to Canada was because my daughters father and I didn't want to separate them. If he wasn't in the picture or didn't exist or something, and it was a case of be separated from my husband for unknown periods of time or move to his country, I would have moved to his country, we would make it work.



You also have to remember, that guy has gone to three interviews to get denied. My husband (fiance at the time) called me crying when he was just handed a 212g for a second cosponsor, it wasn't even a denial. I couldn't even imagine how he would have been if he had been denied.


Sometimes life doesn't work out as planned, or how you picture it. Sometimes you need to let go of your beautiful dream to have a beautiful life.


If you want him there for your daughter, don't bring him in just for that. If you won't be happy with your own husband in the same location as you, it won't teach your daughter anything good. Some relationships simply aren't meant to be, and some parents are better off not being with each other, and some kids are better off not having the parents together.


Is he looking at all for jobs? This may be something he needs to do? It just sounds like both of you are kind of dead to the whole process now, which isn't going to help either of you.


I'll say I believe in your relationship, as long as you believe in it.

Reading your post, I haven't once heard you say anything about how your husband feels about all this. He was ready to give up everything for you, yet now when the table's reversed, you're not ready to do the same for him...
Your kid is three years old, she will have no problems moving. Kids adapt soooo easily, especially when they're so young and you're moving to a country that speaks the same language. I've worked in the hotel industry for 15 years, I've seen Directors and General Managers come and go in the different countries I've lived in, they all brought their families along and I never saw any kids have problems adapting to their new country. My family moved twice when I was a kid, once when I was your daughters age and once when I was 8 years old, if anything it made me stronger and more adaptable to change. Sounds to me like you're the one that's scared of moving?!
I understand that you're worried about your elderly parents, especially in the US where you don't have the social safety nets we do in Europe but you must have know this was gonna be a possibility before you started the K-1 visa journey. I mean you did your research before starting the process, right?! You knew it was gonna be hard for your husband to get a visa with his two prior convictions. If you refuse to move to the UK, another alternative could be Canada. Your parents could move up to Seattle and you and your husband to Vancouver, that way you could live together as a family but you would be very close to your parents too, to help them out if needed.
Since you asked for our personal opinion, I'm gonna put it out here; When you marry someone you make a commitment to each other and that means doing whatever it takes for each other. I don't think it's fair on your husband or your daughter for you to refuse to move to the UK. You're basically splitting your family apart and keeping your daughter from her dad. You haven't even given the UK a chance, you haven't even tried.

it sucks indeed ... if you are determined and decided to go this summer and get married .. i think this should not stop you from doing it .. from now till then they will find it and you will hear something and you can cancel your petition ... hope someone more experienced with this can enlighten you with more details and advice!
have patient and faith .. that is the only thing that can help right now !

Oh gosh, I'm so sorry to hear it. Hopefully your packet turns up quickly.

I signed right over it.