Nicky83

1 minute ago, Boiler said:

This is hardly difficult, so if they entered on a visa, which one?

 

You said it was done in a couple of months and immigrant visa's take much longer.

 

You previously mentioned ESTA which meant using the VWP,  by definition not a visa.

If mention esta my mistake . Esta was for my other half not my kids .

Ill gather all the stuff and post .

This was all legal . Hence children in work and school . Yes they can be kicked out if dont do what is asked and that was even said to them on the interview on day 2 of arrival 

1 minute ago, Boiler said:

So how did they enter?

Visas and alot of people to get intouch with both in the UK  & USA.

Im their official sponsor too . I have legal custody also 

As you know if not here legally they couldnot attend school or work .

Online learning was for him to catch up a little before going into school which hes now done 

Again everything here is legal so no reason to discuss . My goal was for info regarding other half hence leaving the other thread and gathering info 

2 minutes ago, Boiler said:

VWP is for visiting and very limited business activities.

 

The visa to go to school is the F1.

 

VWP confers no rights to work.

 

VWP admittance is for 90 days.

 

 

They not on visa waiver

school is in place and my daughter is working in walmart

No they have not came on a ESTA . we have had quite a few meetings . They are legally here . Need to do as i say and obviously not be running riot. Alot has happend over the last few weeks . My son was initially online schooling due to his learning difficulties and starting school next week .

My daughter has the rights to work. They are under myself . I was the only one born in the USA  but brought up in Europe only moving to the USA 6 year ago 

Without the obvious assuming : they are not here illegally . !!! 

Im not willing to go through the ins and outs all i will say it wasnt easy but they are here thanks to my brother 

This was about my other half not my kids . 

Ill just end this here as obviously some are upset how i have my kids with me already and some are genuinely trying to help. 

27 minutes ago, Chancy said:

 

Are your kids US citizens?  Did they travel with their US passports?

 

Uk passports .

Only one born in the USA is my self and only moves here 6 year ago 

24 minutes ago, belinda63 said:

Perhaps you should ask your brother how to get your fiance here since he was able to get your children here in less than 2 months.

 

Your fiance can apply for a tourist visa. He may or may not qualify for a waiver. All of that would be done by him. 

 

You can start the petition for his spousal visa. If it is denied at the interview due to his history he will be informed of that and if it can be waived. If it can be you can submit the waiver the day of his interview. 

 

Neither path will be quick. 

That was for my kids not a spouse Yes was a short 2 month process . 

Great to have them here . 

But they dont have a record

He flew them over . Stayed a week before heading back to the uk on his own

All i can say hes a civil servant . 

2 minutes ago, Lemonslice said:

You might have to change your mind on not flying until the child is one, if you want them to see each other before. 

 

That, you have the power to change. Or, get private insurance and deliver in the UK -not sure if that's a possibility?

Yes i can go to uk freely and is a option to have baby there but time will see what happens .

My brother got my kids here and all legal in under 2 months .They are staying with me now untill i move back to the UK .

We do plan to have a home here in the  USA and England as i bought some land off my mum but time will see .

Thanks for the reply

6 hours ago, SusieQQQ said:

🙄 same wife same husband same problems same issue of how to get him here… .

Yes but legally   think you need to read the last post in the thread before saying its the same .

Its not its different and looking for info through the correct channels and like most other threads are also about  getting the other half to the states . 

Your comment wasnt actually constuctive in a helping answer .

6 hours ago, JeanneAdil said:

REfused  is the term embassy uses if asking for the I 601 and case is waiting for the form

Denied is said when embassy has actually denied the petiton and sent back to US

 

i do not have experience in this so i stand corrected by VJ members if i have said wrong

Thank you . That makes sense

1 hour ago, JeanneAdil said:

this looks like post shown here 2 days ago

waiver for CR1 is not filed with petition /  filed after interview as i understand it

 

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

 

him getting a tourist visa -that's up to CO in embassy but can be turned away at POE 

So this is if we apply for a marriage based visa ? 

What your saying is he would be denied during interview 

I would then file a waiver ?

Just now, SusieQQQ said:

Don’t you already have a related thread on this?

https://www.visajourney.com/forums/topic/769743-esta-marriage-pregnant/#comments

Nope that was him using his esta visa . Completly different and trying to sort legally 

Ill have to consult solicitor and go from there . 

Other wise the way things are the child be nearly 2 before they get to see each other as no intention of flying untill the baby is atleast 1 year old . Hence the visitor visa .

Ill leave this here 

Thanks every one for your time 

7 minutes ago, milimelo said:

He won’t get a B2 visa. Focus on immigrant visa and I-601 waiver down the road. 

So he has no chance of a visitor visa ? 

Were just looking at ways of him being able to see his kid without me having to fly with a baby 

1 minute ago, JeanneAdil said:

this looks like post shown here 2 days ago

waiver for CR1 is not filed with petition /  filed after interview as i understand it

 

Typically, you can use Form I-601 to file for a waiver if: You are an applicant for an immigrant visa or the K or V visas, and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found to be inadmissible.

 

him getting a tourist visa -that's up to CO in embassy but can be turned away at POE 

So we marry . I return to usa and we file for spousal visa . If thats refused then i aply for the waiver or knowing his history i apply for spousal at the same time of the waiver ? 

Yes we knkw he can still be turned away before entering the USA on b2 especially if we are married .

For b2 in the uk any one know the lead time as we know he will prob be inadmissable so would i then file for a waiver if we are married at the time 

Or should or could he apply now . ? 

Again lead time idea ?

2 minutes ago, Boiler said:

B2 is a non immigrant visa.

Yes but is he better trying for that now or wait untill we are married ? 

1 minute ago, Boiler said:

I 601 is the immigrant waiver and will be requested by the CO at the time of the interview.

 

D3 is the non immigrant visa and is not something you submit, assuming the CO considers the visa is otherwise approvable the CO will file it.

So the I 601 would be needed in place for his b2 aplication ? 

Changing course here and looking at options .

I was born in the USA although my family are Spanish / English.

I was brought up in Spain and England . 

6 year ago i moved to the USA . Im a nurse and have been for over 20 years . 

Been dating a guy met online . Both met each others parents . They are all in the Uk .

I have two kids in the UK who stayed with their father. We have been divorced over 5 years .

My kids have recently been brought to stay with me in the USA . Happend over the course of a couple of months thanks to my brother . Kids are 18 and 15. In school and working already.

My other half is in the UK . Met online before lockdown . Visited the uk a few times . 

Not alot since lick down up untill recently where i flew over and now im back in the USA  i find that we are pregnant. 

My other half has various history when he was younger with a string of driving offences . We all make mistakes but he was silly at the time .

Between 1995 and 2002

2 driving without license

2 dui which involved a 6 week jail time

1 x abh for protecting his daughters mum but he got charged for it

2013 driving class 2 when only entitled to drive upto 7 5 tonne  cherry picker

Banned and fined

So we are wondering if to marry asap .

I come over to the UK . We marry and file for spousal visa

I also file for any waiver of admisability .

What is the process ?

Is he better aplying for a b2 in the mean time and what are his chances . If he fails do i fill out a waiver also or would that be only if we were married ? 

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 .

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.

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

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

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.

2 minutes ago, pm5k said:

Are you a US citizen?  If you were born in the US to parents stationed here as part of a diplomatic posting, it can be a bit more complicated.

No they wernt stationed there just on a work trip when i was born there . Came here 5 year ago .

My parents have properties in vegas and sanfransisco 

First i do not see what my work or training has to do with the course of action .

This thread was for info purposes and if anything we can do . Not to grill me about my job. I am very comfortable $ wise . I dont feel i have to explain every detail regarding my work or training. 

What i do know is i have alot on certs and qualifications .

We think only option is to give up all i worked for . The time scales etc we can not do .

Yes we know there are loop holes normally.

I havent seen my 2 older kids since before covid . They were in the UK  with their dad. Now aged 18 and 15 .

My brother a civil servant and in a matter of weeks he managed to sort a few things and dont know fully how . 

  i now have my kids with me . One in school although he does have some learning disabilities . The older one doing online college work and working part time  legally . 

We are prepared to leave all this and come back to the uk .

Which having now spoken to my other half again today . we are going to marry before March either way . 

We dont think there are any work arounds viable for our situation .

Family is more important than a green card etc . 

Yes we know people visit on esta . Marry and file AOS. Yes its illegal but it happens . 

Would we have tried this route if we didnt realise the error in his application .

I dont know .  

The main question raised was if he came and we then tried AOS with the current info and all roads lead to leaving the USA . File for spouse visa . By time it came through we would prob be leaving then any how back to the uk . 

We just trying to find the best way of us being together for 2 year max in the states. 

Thanks again for the replies .

1 minute ago, Jorgedig said:

I don't understand how he was able to get an ESTA with a criminal history, assuming he was truthful on the DS-160.  

That is the issue . He didnt read everything at the time just went through answering not realising spent convictions were still active on a record in the states. Hence the initial post 

General practitioner