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my future employer in the u.s (hopefully) has told me i have to apply for the J-1 before they can do anything, is this true? also how do i start the process? is there a link anywhere to the application form? google is not my friend....

thats the thing my friend ANOTHER poster suggested i do that, i stated quite clearly that if i was to go down the marriage route i would use the k-1, hence why i am baffled at your threats to report me, i would have adjusted my status through my son if it had been possible , but i wont do it through marriage because we are not ready yet, as i already stated. is it really that hard to understand? never once did i suggest i would marrry just to stay here, that was your interpretation, which is wrong and i hope you understand that is why you are a tool

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

i'm not trying to get away with anything, simply asked how old a USC has to be to file for a family member. If you read my post again, i never said i was going to stay here or even implied it. I did state if i was ever going to apply for a visa it would be on the K-1 IF me and my current girlfriend decided thats what we want to do.

Thanks to everyone who responded to the question I asked, apart from this tool obviously

my son is a USC, so is his mother, but we are no longer together, i often travel here on the VWP to visit him, never had a problem, i also have a girlfriend who is a USC we may plan to get married soon using a K-3 but nothing is decided yet. I am getting pretty sick of going back and forth and missing the vital times of my childs life, and he is too, i can never afford to be around all the time and im missing out on being a father to him, as all parents on here im sure can imagine, this situation causes stress and pain. my question is this, if i was to adjust my status as i am an immediate relative of my son right now(im 67 days into my allocated 90) would i be allowed to? given he is only 4 years old? i visited here again without the intention of staying but each time it gets harder and harder to leave him, plus im pretty attatched to my new girlfriend.

so does anyone know if the age thing is a barrier?

thanks in advance

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

If you read the instructions on the I-485 about who can file for AOS and who can not file The rules that you have quoted do not apply to immidiate relatives of a USC.

See here for the Instruction for I-485

http://www.uscis.gov/files/form/i-485instr.pdf

10. Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of record based oncontinuous residence since before January 1, 1972, oradjustment of status under a category in which specialrules apply (such as 245(i) adjustment, asylumadjustment, Cuban adjustment, special immigrant juvenileadjustment, or special immigrant military personneladjustment), you are not eligible for adjustment ofstatus if any of the following apply to you:

F. You failed to maintain your nonimmigrant status,other than through no fault of your own or for technical reasons; unless you are applying because you are:

1. An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old);

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried childunder 21 years old);

this is confusing, are you not aloud to adjust status under the VWP if you are a relative of a USC? for example, my son is an american citizen, so is his mother but we are no longer toghter, if i was to marry someone else under the VWP and wanted to adjust my status, i couldnt because my son is american?

this is not relevant to me at all, just out of curiosity- if someone came in on the WVP , got married after a certain period of time inside the 90 days, how long would it be before they could start to work? would they have to wait for an adjistment of status? how long would that take? it just seems like it would be not beneficial at all for someone to come in, get married and not be aloud to work for such a long time?

No, what I'm saying is that is the 'standard' reply, but they still do reply to emails. Not with the frequency that they used to, unfortunately.

I just got the respocne that you said i would. Is it likely i will get a reply? i headed the e-mail with my case number and included a request for cancellation in the message title. I'd be more at ease about travelling next month knowing that they knew i attempted to contact them with regards to cancelling.

Ahhh so i need take no action? however looking through the forms my "application for immigrant visa and alien registration" has an expiry date of 07/31/2007

To cancel our K1 Petition

Really? There seesm little point in me sending them an e-mail if they are going to delete it without reading?

Sorry i forgot to mention in in England. Do they not accept calls from certian networks?

Thanks for that. our timeline is that i recieved approval to start the K1 VISA process on october 12 2006. I recieved the pack but have'nt filled in our sent it off and have had no contact with the embassy since

Hi there,

We are cancelling our petition of the K1 VISA. No problems with our relationship, our situation is just that getting married right now is just not feasible in our current situation and we have chosen that she and our son will apply for a settlement visa in england.

However i am due to fly from Manchester to America in a few weeks on the VISA waiver programme and planning to stay for the full 90 day allowence.

I have a few concerns that cancelling the petition so close to my travelling will cause problems at customs, also the length of my stay. I do have proof that i will be returning to study and work in England. Is it wise to cancel now or should i leave it untill i return home?

Whenever i try to contact the embassy from within the U.K im told that my phone in not allowed to make this call. i tried two numbers listed on this website. How on earth do you contact them by Phone? does anyone have a number that will work?

Is there a minimum ammount of money that musty have been deposited in the past 12 months? i have been out of the country for 6 months and not started work since my return, therefor hardly naything has gone in since march

I am currently in the states on the VWP from England my question is do i require a re-entry permit to visit Canada for a coupple of days this weekend?

Sorry for being so brief!

im currently in D.C on the WVP for 3 months, ive become that bored that i have to do something, and i was recently asked if i would like ot take over a high school soccer team, which is a paid position but because i have no work VISA my question is can i volunteer for a paid position?

We have submitted our I-129F forms and are waiting for approval

Another 2-0 defeat yesterday! im not so home sick anymore!

Is this ok?

City have'nt managed to score a goal, 3 games after i started this thread

fiancee is from D.C i am from the buetiful City of Chester

I worked in the U.S for a short period of time in 2003 and 2004. I think the company i worked for got a SSN for me, im guessing they must have for me to have been legal to work. i never recieved that number but if i go down to an office will i be able to obtain it?

Anyone else really missing being back in the U.K right now?

My beloved Chester City played there first game since ive been over here yesterday and got a last minute equaliser at Torquay! really hurts not being there!!

Just out of interest for Brits that marry and move to the states what kind of work are you in?

How do the hours and holidays compare to back in the U.K?

can you just take a medical at your local GP? or do you have to go to london?