Confused on what to do - serious change of plans

[Jan and Dec 0]

Hello fellow transients,

So he proposed in March and I of course accepted. We spent many long hours on the phone deciding when and where to get married and who will move half way around the world. We decided to marry in August in San Diego (where I live). He would return to the UK, we would apply for a UK spousal visa and I would move to London (where he lives) when approved.

Well.... he arrived in July (on a 90-day visitor visa) and once he was here we had many more hours of discussion and we decided it was best for him to move here. So we are getting married on Saturday. He has a return ticket for September 6. What next??? Ideally we would like for him to return on the 6th for just a few weeks to move out of his flat, close appropriate accounts, etc. and come back here.

So... after some research I see these as our options, but want some input as to what potential problems are with both.

1. Apply for AOS and concurrently apply for Advance Parole to travel. Then wait for approval to travel before he leaves to tie up all the loose ends. The problem I see with this is that we may be denied since he came on a visitor visa with intent to marry (however, there was no intent to stay). Also, we don't know how long it would take for the approval of the parole to travel and he can't leave his flat, etc. unattended for too long.

2. Let him go in September and apply for K-3. Then wait for approval for him to move here. The problem with this is the time it might take. Based on the timelines on this site, we see how this can take as much as 6 months or more and we hate the thought of being apart for that much time.

So specifically, if we go the AOS route, how likely do you think we will be approved and how soon do you think he would be able to travel home? And if we go the K-3 route, can he travel here while the application is pending?

Any experience or advice would be GREATLY appreciated. He just keeps saying it will all work out, but I'm stressing a bit because I feel like I've waited 34 years to be with this man and now that he's here I don't want to be separated any longer than necessary.

Thanks in advance!

Janice (and Declan!)

[Laura_and_IanM 0]

Hello fellow transients,

So he proposed in March and I of course accepted. We spent many long hours on the phone deciding when and where to get married and who will move half way around the world. We decided to marry in August in San Diego (where I live). He would return to the UK, we would apply for a UK spousal visa and I would move to London (where he lives) when approved.

Well.... he arrived in July (on a 90-day visitor visa) and once he was here we had many more hours of discussion and we decided it was best for him to move here. So we are getting married on Saturday. He has a return ticket for September 6. What next??? Ideally we would like for him to return on the 6th for just a few weeks to move out of his flat, close appropriate accounts, etc. and come back here.

So... after some research I see these as our options, but want some input as to what potential problems are with both.

1. Apply for AOS and concurrently apply for Advance Parole to travel. Then wait for approval to travel before he leaves to tie up all the loose ends. The problem I see with this is that we may be denied since he came on a visitor visa with intent to marry (however, there was no intent to stay). Also, we don't know how long it would take for the approval of the parole to travel and he can't leave his flat, etc. unattended for too long.

2. Let him go in September and apply for K-3. Then wait for approval for him to move here. The problem with this is the time it might take. Based on the timelines on this site, we see how this can take as much as 6 months or more and we hate the thought of being apart for that much time.

So specifically, if we go the AOS route, how likely do you think we will be approved and how soon do you think he would be able to travel home? And if we go the K-3 route, can he travel here while the application is pending?

Any experience or advice would be GREATLY appreciated. He just keeps saying it will all work out, but I'm stressing a bit because I feel like I've waited 34 years to be with this man and now that he's here I don't want to be separated any longer than necessary.

Thanks in advance!

Janice (and Declan!)

Right, if you get married without him having a K-1 visa...he will have to go back to the UK and wait while you file for the K-3 visa. There has been a hold up with all K visas due to IMBRA, and no one here can give you a definate time frame right now. As for your 1st question about doing AOS. You cannot do AOS if you get married while he is there on a regular tourist visa..the VWP. You could try it, but I can almost guarantee that he would be denied because you would have to prove that you didn't have the intent of him staying there, but like you have already stated, you had intent on getting married which I would think would look just as bad. The only way you could file for AOS without any questions is if he had originally came in on the K-1 visa or the K-3. If I were you, I would file for the K-1 visa, that way the wait time that you would have for that in getting it, your fiance could be taking care of his loose ends as you put it, and he can fly over, you two could get married, and then file AOS...the whole while he can stay with you. Other option is to have him come over, get married, file for K-3 but he would have to leave and wait in the UK for his approval. That could take about 6 months if not longer...depends on each individual case as to how long it takes.

I hope that I have been some help for you. Welcome to VJ and goodluck with whatever you do!!!

LJ

PS..your fiance is right when he says that it will all work out! Don't stress out already when you haven't even begun the process. PLease keep a clear head and really think it through when you decide which option to go for. IMO, you are best to apply for the K-1 then adjust status that way. This will give your fiance time to get things sorted over here in the UK. There are a lot of great ppl here on this forum that will help you the best they can. I will not lie to you, this process is not the easiest, but if you start it off already stressed, it isn't going to do you any good. Just relax....talk it over with your fella...

Edited August 14, 2006 by Laura_and_IanM

[gwenneh 7]

Edited: Gwen will read posts FULLY before making responses in the mornings....

Edited August 14, 2006 by Gwen666

[gwenneh 7]

Now, let's try this again.

1. Apply for AOS and concurrently apply for Advance Parole to travel. Then wait for approval to travel before he leaves to tie up all the loose ends. The problem I see with this is that we may be denied since he came on a visitor visa with intent to marry (however, there was no intent to stay). Also, we don't know how long it would take for the approval of the parole to travel and he can't leave his flat, etc. unattended for too long.

Contradicting my previous ill-read reply, this is an option for you. It is, however, uncertain as to whether he would actually get advanced parole. Since it seems that you will likely be able to provide adequate information to support he had intended to return to the UK, this should be okay-the problem lies in that you just should not plan on him being able to go back until AOS is complete. Is there no one back in the UK who can handle his affairs for him? Yes, the risks are high with this option; if denied, there is no recourse and no way in which to appeal. You might want to get a consult with an immigration attorney, but on the surface it seems to me like you could make a strong case.

2. Let him go in September and apply for K-3. Then wait for approval for him to move here. The problem with this is the time it might take. Based on the timelines on this site, we see how this can take as much as 6 months or more and we hate the thought of being apart for that much time.

Again, this is an option; you can even get the process moving while he's still here. You could also move to the UK temporarily with him (as long as you maintain US domicile) and wait it out with him over there, go to the interview at the Embassy with him, etc...It does not necessarily entail separation if you go that route! The advantage would be that he can tie up his affairs in the UK in person, then move back to the US.

So specifically, if we go the AOS route, how likely do you think we will be approved and how soon do you think he would be able to travel home? And if we go the K-3 route, can he travel here while the application is pending?

How long is a piece of string? You can look at other pieces (read: the timelines) to get an idea, but no one is going to be able to tell you for sure. If you do go the K-3 route and don't go to the UK with him to wait it out, yes he can travel under the VWP provided he-like anyone else-has sufficient ties to the UK to present if questioned.

To end off, the K-3 route is a little less risky and you don't necessarily have to be separated. However if you feel you can make an absolute case-and are prepared for the consequences if you do not-then AOS from a visitor visa is a possibility.

[Tim and Bethanie 1]

Agree with Gwen & Laura. Just wanted to add whatever you decide to do best of luck!

Bethanie

[Jan and Dec 0]

Thanks for the replies. I think we knew that the answer is for him to go back with his original ticket on the 6th, but we really don't want that so I was hoping someone would have gone through an AOS from a visitor visa and could give some advice from real experience. Our next step is actually to consult an immigration attorney so that will answer a lot of our questions.

Anyway, we get married on Saturday so I'm going to focus on that and the rest will take care of itself when it's time. (At least that's what I keep telling myself to keep from losing my mind!)

Thanks,

Jan

[Kez/JWolf 6]

I came over on a VWP from the UK and did what you are doing.... there is nothing wrong in doing it that way... the big question is if there was intent to remain on his last entry to the US... if the answer is no then you can do AOS and he can remain here with you...

There are a few of us who have done AOS from VWP/Tourist visa and are now Greencard holders... I have not seen anyone denied just because they came on VWP/Tourist visa...

He should not leave the States until he has his greencard.... I had to get my Family back home to deal with my house and other affairs as I could not return...

It took 181 days for me to get my approval at AOS interview... I was not even asked about my intent at the interview but I did have all the evidence of the sale of my house 3 months after I came over...

Hope this has given you info to help you with your questions...

Kezzie