My nightmare...

[nane1104 146]

Thanks guys, I am quite annoyed with the attorney that would make me risk so much. A ten year ban is something I could not live with, as I have literally given up a great job, a house and a car to be free of ties when the CR-1 visa eventually came through (which is as I had originally planned it), because as I mentioned I will be staying in Holland after my I-94 expires.

I have decided to go down the route of the CR-1 anyway, I do not think I have sufficient background to pass the "sufficient ties back home to prove no intent to stay", so will have to live with what we were going to do anyway. I was just given a little glimmer of an easier way by the attorney and I can not believe he would say that to me, knowing I gave him all the info I have in this thread....anyway, what's done is done and I am glad I managed to get some advice from you all. I thank you all dearly, I do know risk management and this is a time to not risk anything at all and to do it all the long way. It will pay off in the end, I'm certain.

Our wedding was fun, we had a blast and we are very happy.

I will surely have more questions for you guys in coming days as we try to get through the I-130 deal with an affidavit of support from my in-laws (my wife is studying at University, so can't support me). One question I have right now is if I depart after 85 days on the I-94, when could I get back in to the USA for another 85 day stay? We don't have a lot of money, but I have enough to visit 90 days in country, 90 days out of country so would like to so that while the I-130/CR-1 is processing if it really is 200 days (and is that 200 days for the I-130 or for both I-130 and CR-1?).

Thanks a bunch again, folks.

Congratulations to your wedding!

I don't think there is a certain timelimit after that you can return without being in danger of getting denied entry to the US. It is pretty much up to the officer at the border. Some are seeing "red flags" if you travel twice, some don't have a problem with several trips a year or so.

Again, it is alwyas helpful to be able to present ties back to the homecountry/country of residence.

I had problems one time eventhough I hadn't traveled to the US in a year, so I don't think there is a rule.

[rebeccajo 14]

Thanks guys, I am quite annoyed with the attorney that would make me risk so much. A ten year ban is something I could not live with, as I have literally given up a great job, a house and a car to be free of ties when the CR-1 visa eventually came through (which is as I had originally planned it), because as I mentioned I will be staying in Holland after my I-94 expires.

I have decided to go down the route of the CR-1 anyway, I do not think I have sufficient background to pass the "sufficient ties back home to prove no intent to stay", so will have to live with what we were going to do anyway. I was just given a little glimmer of an easier way by the attorney and I can not believe he would say that to me, knowing I gave him all the info I have in this thread....anyway, what's done is done and I am glad I managed to get some advice from you all. I thank you all dearly, I do know risk management and this is a time to not risk anything at all and to do it all the long way. It will pay off in the end, I'm certain.

Our wedding was fun, we had a blast and we are very happy.

I will surely have more questions for you guys in coming days as we try to get through the I-130 deal with an affidavit of support from my in-laws (my wife is studying at University, so can't support me). One question I have right now is if I depart after 85 days on the I-94, when could I get back in to the USA for another 85 day stay? We don't have a lot of money, but I have enough to visit 90 days in country, 90 days out of country so would like to so that while the I-130/CR-1 is processing if it really is 200 days (and is that 200 days for the I-130 or for both I-130 and CR-1?).

Thanks a bunch again, folks.

You're annoyed with the attorney because he's probably NOT one of the top 10 immigration lawyers in the country. If he were, he surely wouldn't be sitting on a website and taking phone calls through it.

Go find a competent immigration attorney you can speak with face to face before you send in any paperwork or return home.

Edited April 3, 2008 by rebeccajo

[*JG* 2]

Well, his intent at POE was just to get married, not stay and adjust status. It was after the fact that he was advised by his lawyer to try and adjust status this way, so technically his lawyer isn't advocating visa fraud.

One thing to look at is that to adjust status this way means you have to prove you didn't intend to stay. This means showing ties back home (eg, mortgage, rental agreements, job etc etc). From your post you have nothing left back in the UK - no house, no car, nowhere to stay. It is going to be very hard to prove to USCIS that your intent at POE was not to defraud.

You sound like a genuine guy to me who is just looking for ideas and ways to be with your wife quickly. Unfortunately, imo, this way is probably not the best way for you to do this. Personally, I'd stay until your I-94 is due to run out, return home and send in the I-130.

Good luck!

Edit: I just want to add that "just being sent home" isn't the only thing that could go wrong should you be denied adjusting status this way. It can be classed as fraud and can incur a ban from the USA - it'll also show up when you try to apply down the line for the I-130. Something to think about.

I think Mags has it nailed except you don't actually have to wait until you return to file the I-130. You may also be able to visit the US again during the visa process. I'd be thinking in terms of taking a honeymoon to Mexico, then come back to the USA with a fresh I-94 and file the I-130. Then go back to the UK before your granted stay expires.

I agree with these two. Visa fraud is a pretty nasty business that you may never be able to legally wrangle out of.

We all know the waits involved in this process and they suck. But, in the long run, wouldn't you rather be seperated a short time, then the potential consequences?

[SpiritAlight 1]

Agreed.

Find a good lawyer to talk to BEFORE you leave the U.S.

If your belongings are still back home, and you still have a home there, plus if your job is expecting you (if you work there)...then to USCIS it is obvious that your intention was not to come here and stay.

I believe (but I am not a lawyer nor have tons of experience in this field) from what I have seen, staying would be the way to go, other wise you are looking at about a year to be able to come back if your spouse files for you from the U.S. and you are back home. What can you live with?

Right, everyone??

Congrats on your wedding!!

Edited April 3, 2008 by SpiritAlight

[paul. 0]

Yeah, I have already said I have nothing back home, so I know they won't be happy with me saying I didn't intend to stay - I have nothing to prove otherwise, other than a bank account and loan to pay off, which could easily be done state-side.

My lawyer was this guy, btw:

http://64.19.61.150:81/the_av_network/list...ingham/info.htm

[Mags 112]

If your belongings are still back home, and you still have a home there, plus if your job is expecting you (if you work there)...then to USCIS it is obvious that your intention was not to come here and stay.

He has no home to return to and no job as stated in this thread previously, numerous times.

I believe (but I am not a lawyer nor have tons of experience in this field) from what I have seen, staying would be the way to go, other wise you are looking at about a year to be able to come back if your spouse files for you from the U.S. and you are back home. What can you live with?

But he has nothing back home to prove his intent was innocent at POE...

Edited April 4, 2008 by Mags