Any tips or advice and where to go from here

[elmcitymaven 9,712]

Do you want me to stick you in a create? No? Well, then, stay on the bloody topic!

[Ovaltine Jenkins 5]

If you'd sent it regular mail, your timeline would have been shorter

[Sean84 0]

I understand why some people would get upset because the thought of being away from my soon to be wife for a long period of time hurts so bad, and for you guys to have gone through it is terrible, BUT if it is possible for this to not happen and i can stay here, of-course im going to leap at the chance.

in answer to your question, yes i am still in the US. My last entry i was took into a room while they checked out the story of me being able to have so much time off work, as they didn't believe me. But then found out it was all ok.

We did not intend to stay here, the main reason my fiancee wanted to stay in US this xmas is because its most probably going to be her grandads last, (not a sob story, but i feel its to be known as to why we wanted to spend xmas here instead of back home in the UK)

I am currently still employed by a company called Orange. Its a cell phone company in the UK, one of the largest. a very big brand in the UK. i have worked there for over 6 years. after 5 years the company allows a member of staff to take 9 months off unpaid, for things like travelling etc which i decided to do, came to the USA to meet my fiancees extended family (uncles aunts cousins and her dad since her mum re-married) we are staying with her grandparents currently.

In the UK we lived in the house that was owned by her mum, but she had already moved back to the US. so technically you could say we were renting. we still have bills sent there, bank statements still open and go there. But my payslips etc all went to my parents house.

So i entered the 2nd time within a year to the US legally through VWP. they asked me about whether i planned on marrying in the US, which i stated i wasn't because at the time this wasn't on the cards. The marriage in the US has only come about within the last 1 month, due to family saying it would be nice to to see her get married, and my parents willing to fly out.

Will this effect my AoS? will i still be able to apply for a K3? if i apply and the paperwork is filed before 11th of march (my return flight to UK) will i still have to go back or am i able to stay?

legal things scare me, and i don't want to do anything wrong, thats why i decided to go to a lawyer and i would rather pay for a lawyer to file everything and check everything over with their past experiences than not at all. but this site is giving me a lot of help and tips and putting my mind at ease also.

[lovelyalex 99]

I sent you a PM sean

[elmcitymaven 9,712]

Sean, thanks for coming back and clarifying things. I remember Orange very well -- they were my mobile phone provider for 7 years in the UK.

I think a consultation with a well-qualified family immigration attorney is worth it. I did just that myself -- once, when I was doing an AOS from VWP with my ex-husband, and the second when I was applying from London with my husband. (The second time I was told to do it myself since we had no issues and were likely to sail through.) I was very lucky to have deep connections to the legal community in my hometown, so getting a recommendation for an excellent attorney was easy for me. You want to find one with experience of FAMILY immigration law, and one that is respected by his or her peers (you can find that info on Martindale too). A great place to start is martindale.com Using VJ in tandem is a great idea. Get recommendations from her family members too -- even if they don't know an immigration attorney, they might know another lawyer you could speak to who would recommend someone in the correct field.

If you do AOS, you will not need to do a K3 visa. If you decide to leave the country and file for abroad, then you will need a visa but forget about the K3 -- they're virtually obsolete now. A CR1 visa will allow you to be a permanent resident upon arrival in the US and start work immediately. Cheaper and easier than the K3 nowadays.

If you do file for AOS, you will not need to take that flight -- in fact, do not take it or you will be deemed to have abandoned your AOS process.

And most importantly -- you have done nothing wrong! The events of life overtook you. This may not be what you planned, but it is what is happening. AOS from VWP is appropriate in cases like yours. Best of luck.

[Rebecca Jo 1,962]

OP was taken to secondary on this entry by CBP and now contemplates to adjust his status via marriage to a US citizen.

OP definitely should seek consult with a qualified expert.

And that's not scaremongering at all. It's important you thoroughly and honestly discuss this incident with someone who can safely guide you.

AILA.org is also an excellent source of reference for counsel. Keep in mind that immigration law is Federal law and not State law. This means anyone anywhere in the US can represent and guide you. Better to seek a well-qualified and experienced expert than one who happens to be around the corner.

Edited February 12, 2010 by JohnnyQuest

[Krikit 1,165]

OP was taken to secondary on this entry by CBP and now contemplates to adjust his status via marriage to a US citizen.

We've had a few Canadians this has happened to. In fact..... although they didn't have intent upon entry..... the scary tactics they used at secondary actually made them change their mind and marry and adjust status. The fact that the CBP Officers were satisfied that they weren't trying to bypass immigration regulations, and so let them enter the US, helped their case. But definitely have a legal consult.

Welcome to VJ!

[Trompe le Monde 1,107]

I can think of a number of VJ people who were taken into secondary who adjusted from VWP without any problems.

But do agree with the legal consult which the OP has apparently done alredy

[Rebecca Jo 1,962]

We've had a few Canadians this has happened to. In fact..... although they didn't have intent upon entry..... the scary tactics they used at secondary actually made them change their mind and marry and adjust status. The fact that the CBP Officers were satisfied that they weren't trying to bypass immigration regulations, and so let them enter the US, helped their case. But definitely have a legal consult.

Welcome to VJ!

In case I wasn't clear, my recommedation for representation due to the secondary inspection was not meant to intimidate the OP.

When one adjusts, they are adjusting from the last entry. It's important to review exactly what happened at that entry when weighing whether or not the adjustment would be prudent.

And that's all.

[Sean84 0]

thanks for all the replies, im seeing a lot of success stories and its giving me a boost of confidence, in ways of legal consult, we are going to go through a lawyer no matter what (not sure if it helps proceedings or not) but mainly for my peace. So i know eveyrhting is filled in correctly, everything is attached, and once again so i can speak with them on previous experiences. Im the kind of person who doesn't do much on spur of the moment, so this has all turned out very different to what i expected in life. Last year i was planning on buying a home in UK for me and Shelby to move into and start our life together dating enjoying the goodness of england and europe travelling cinema dates all that, now we looking at living in the US and while it all looks straight forward, its a very scary thing for me to do on my own .

In ways of intent, as many women do, when we get engaged they start to plan the wedding straight away (if not before hand ). So there were a lot of posts on facebook for example from shelby saying how she was looking at dresses, thinking of flower arrangements venues etc, also while we were in UK she thought of US places to marry, but once again returning to UK to live. Do they check up on stuff like this? i know in past some employers have looked on facebook etc, but do the immigration team? and would this be lead to entering with intent to stay?

thanks

Sean

[Krikit 1,165]

No, it's normal for people to plan their weddings. Many people get married in the US (think destination weddings) with no intent on trying to bypass the immigration proceedings. Now if you'd severed all your ties to your former life prior to entering the US.... well... that's another story.

[lovelyalex 99]

I think its possible that the US government would look to sites like Facebook and Myspace etc for an insight into people filing an application, and it would be naive to think otherwise, but really if you have nothing to hide, then I wouldn't worry about it.

Speaking of scare tactics, on my last POE into the US (Boston) in September I got taken into secondary and got a right grilling, and then had my bags checked! I got treated like everyone else talks about on here (for doing nothing wrong) and lead to believe that on my next visit, I'd be sent straight home again. Which is always nice when you are travelling with an 11 month old baby on your own. But weirdly then the officer/supervisor stamped my I-94 for 110 days, which was very odd.

Edited February 12, 2010 by lovelyalex

[Justine+David 218]

Just as an FYI if you return to the UK, you can't apply for K3 anymore as of 02/01/10, USCIS has declared them administratively closed.

Good luck whichever route you choose...

[elmcitymaven 9,712]

Agreed that AILA is also the way to go. The only reason I mentioned seeing a local attorney is 1) you can often get personal recommendations from people you know and trust and 2) you can go into someone's office and sit down with them. Having face-to-face consults can often lead to more efficient communication. I wouldn't have done it any other way, but I was lucky enough to have a great immigration attorney in my hometown (I come from a college town, lots of people adjusting from student and work visas). A lot of other people won't be so lucky, and because immigration is federal law you can avail yourself of the best person for you wherever you are.

Justine + David: I hadn't heard that yet about the K3. Thanks for the update.

[SunDrop 59]

Are you sure? Looks like scaremongering, as I have never read anything of the sort.

Has the OP returned to the UK? Sounds like he is still here. If there was no intent on the last entry, adjusting should not be an isse.

There is nothing wrong with consulting with a lawyer at the beginning of The Process, especially with the situation the OP has described. Let's find out of the OP is in the US before talking about lifetime bans that probably don't exist.

I don't know why you insist on referring to anyone who makes any reference to the other side of the coin as a scaremonger. If a friend goes in for routine surgery and the anesthesiologist tells her that there is an associated risk of stroke, heart failure and/or death from the anesthetic, do you accuse them of scaremongering? No. They're advising their patient so that fully informed consent can be given. And the same should stand true here. We're not lawyers, we're not paid for advice but we're also not liable, except in conscience, of a negative outcome.

Neither of us were privy to the information about the OP being pulled into secondary questioning at the time of posting. It's common that a full and complete account of someone's story isn't given, and much as you feel that making reference to the consequence of misrepresentation is 'scaremongering' I believe that assuming there was absolutely no potential for a perceived misrepresentation is negligent.

Since the OP was asked if they plan on getting married and answered truthfully, "no"... do any of us know that this wasn't recorded? Does anyone know what the consequences are if someone is asked this question and then has a change of plans and decides to AOS? I take the approach that someone asking for advice or opinion deserves a fair and full perspective. Learning that he was asked about marriage, I'd ask if this was something he recounted to the lawyer during their initial consultation.

Ignorance, in the purest sense of the word, isn't an excuse. We have ample evidence on VJ that few lawyers are worth even the cost of parking for the initial consultation. Neither of us were present for that consultation. I don't know how much experience you have working with people who need to fall within parameters of laws in order to achieve a desired outcome. All I can tell you is there are a lot of people in the world who are in horrible situations because of the information they didn't provide or because of the questions they failed to ask or be asked. Not necessarily immigration situations, but when you witness strife on a daily basis that was entirely avoidable "if only" they'd done this or said that, you'd understand that it is not 'scaremongering'.

Never said there was anything wrong with consulting a lawyer. I actually said that if their case is as simple as it sounds, then they're probably capable of doing it themselves. But I do appreciate that not everyone has the confidence to DIY it and in these cases, as this one has transpired to be, the reassurance is worth every penny. Life's stressful enough, and not feeling able to take on the responsibility of DIYing the process is absolutely ok.

Sean, it sounds like you are both dealing with this really daunting - but incredibly exciting - time in your lives in the way that works best for you. And Orange sounds like a great company to work for! lol... Wishing you both the best of luck and much happiness!