Married on WWP in 2009

[AuroraBorealis 0]

Hi everyone

I have tried to find posts that outline a similar situation but haven't been successful so far.

I married my US husband in May 2009 in Michigan but I entered the US on a WWP (as a tourist). We did it like this because we never intended to stay in the US. He then entered my country and we started the immigration process here (which is a little different from the US one). He stayed here and worked while his application was being processed. Then after 7 months he was denied and has since gone back to the States. So I guess we have to go to plan B, which is to live in the US.

So I'm wondering what you guys think? Which is better, the K-3 route or the IR/CR 1 route? I also have a daughter from a previous relationship (which was the main reason we planned on staying in my country, in order not to uproot her). So my question is, which route is the better one in your opinion? I just want this to go as smooth as possible and without future problems. We are used to being in a long distance relationship (we've been doing it since 2004) so 1-2 months longer or shorter isn't really the biggest issue. The biggest thing is to do everything the proper way.

Would it be best to have our paperwork from here translated so we can show that the marriage on the WWP wasn't so that I could get a green card or something? I realize that looks kinda bad but we didn't expect him to be denied here

Thanks in advance

Aurora

[canadian_wife 1,829]

K3 is no longer an option. It was killed in February of this year. The Cr-1 is the path for you. Your US husband will file an I-130 for you and one for your daughter.

You are totally able to enter on the VWP and marry a US citizen, there is nothing to 'prove' there.

Good luck

[AuroraBorealis 0]

K3 is no longer an option. It was killed in February of this year. The Cr-1 is the path for you. Your US husband will file an I-130 for you and one for your daughter.

You are totally able to enter on the VWP and marry a US citizen, there is nothing to 'prove' there.

Good luck

Thank you for your reply - I didn't know the K-3 thing wasn't available anymore.

He wants to know why I can't enter again on a WWP and then apply for adjustment of status. I told him that would probably not be a good idea (I'm just not sure why) but he's not convinced. That would be viewed as illegal right?

[NigeriaorBust 4,087]

It would be illegal for you to enter on VWP and intend to stay. But you are open to visit. Bring lots proof that you intend to return. There is a significant chance you will be turned around without such items.

[Harsh_77 718]

He is right, you can visit him on VWP stay there and return back to you home country and wait until the process is completed.

AOS on VWP can run into some hurdles as you commited a fraud, by not declaring your intention of AOS at POE.

[LotofPatience 65]

Hi everyone

I have tried to find posts that outline a similar situation but haven't been successful so far.

I married my US husband in May 2009 in Michigan but I entered the US on a WWP (as a tourist). We did it like this because we never intended to stay in the US. He then entered my country and we started the immigration process here (which is a little different from the US one). He stayed here and worked while his application was being processed. Then after 7 months he was denied and has since gone back to the States. So I guess we have to go to plan B, which is to live in the US.

So I'm wondering what you guys think? Which is better, the K-3 route or the IR/CR 1 route? I also have a daughter from a previous relationship (which was the main reason we planned on staying in my country, in order not to uproot her). So my question is, which route is the better one in your opinion? I just want this to go as smooth as possible and without future problems. We are used to being in a long distance relationship (we've been doing it since 2004) so 1-2 months longer or shorter isn't really the biggest issue. The biggest thing is to do everything the proper way.

Would it be best to have our paperwork from here translated so we can show that the marriage on the WWP wasn't so that I could get a green card or something? I realize that looks kinda bad but we didn't expect him to be denied here

Thanks in advance

Aurora

AuroraBorealis, Can you please share why his petition was denied when he filed for you in your country, which is basicaly DCF (Direct Consular Filing).

Your best bet is IR1/CR1 filing in the U.S. This is my personal preference.

You can of course visit your husband under VWP as many did, but don't overstay. Get lot of proof handy including return ticket as a backup for any questions at POE. Even if you are denied at POE, you can go back to your country in the next available flight.

Though AOS after coming here in non-immigrant visa category is little troublesome, there are people who did. But, still I don't recommend it.

You can read some interesting discussion here at: http://www.visajourn...ing-my-husband/

Loto

Edited August 18, 2010 by LotOfPatience

[Darnell 8,479]

loto - I read it the other way - ie -

he came to her country, applied for immigration status in her country, to be immigrant in HER country, and was denied.

[LotofPatience 65]

loto - I read it the other way - ie -

he came to her country, applied for immigration status in her country, to be immigrant in HER country, and was denied.

Darnell, From OP, it is not clear if her USC husband filed DCF to bring her to the U.S or they filed for him to immigrate to her country

OP, can you please clarify it and the reason of denial as well?

Thanks

Loto

[AuroraBorealis 0]

Darnell, From OP, it is not clear if her USC husband filed DCF to bring her to the U.S or they filed for him to immigrate to her country

OP, can you please clarify it and the reason of denial as well?

Thanks

Loto

Hi LOP - Darnell is right. We have not yet filed for anything in the US for me. We have only filed for him in my country and they denied him because he's not a Schengen zone resident. We didn't think of filing DCF until it was too late (ie. he was already on his way back to the US), besides.... we didn't expect it to come to this. It was never the plan to live in the USA to begin with.

If I understand correctly - doing the AOS being on a tourist visa can be bad IF they deny it, then there's no way to appeal right?

[canadian_wife 1,829]

Right, if you are denied, you will be deported and given a lifetime ban from the US with no chance of appeal

it's a BIG risk and involves lying to a CO. bad idea

Good luck

[LotofPatience 65]

Hi LOP - Darnell is right. We have not yet filed for anything in the US for me. We have only filed for him in my country and they denied him because he's not a Schengen zone resident. We didn't think of filing DCF until it was too late (ie. he was already on his way back to the US), besides.... we didn't expect it to come to this. It was never the plan to live in the USA to begin with.

If I understand correctly - doing the AOS being on a tourist visa can be bad IF they deny it, then there's no way to appeal right?

Since you didn't do DCF, your best bet is go for IR1/CR1. But you can visit your husband under VWP as many others did here. Do not overstay and return back to your country while immigrant visa is pending.

Loto

[Mithmeoi 29]

My hubby and I married while he was visiting on VWP so there's no worries there. They didn't care when we submitted our application.

CR-1 is what you should do, don't attempt AOS, they won't approve it if you enter on the VWP after already being married it is fraud.

Good luck to you both!

[Boiler 46,323]

Hi LOP - Darnell is right. We have not yet filed for anything in the US for me. We have only filed for him in my country and they denied him because he's not a Schengen zone resident.

That does not make much sense.

I know of no country that would do that?

[AuroraBorealis 0]

That does not make much sense.

I know of no country that would do that?

Oh it's happening in many European countries right now, not just where I'm from - it's not *official* because if it was they'd be admitting to discrimination against people based on their nationality and the European court of justice would have quite some fun with them. But yeah, that's why you don't hear about it, they would never admit to it. But it's happening and it DID happen to us. I wasn't smart enough to find myself a European husband so they basically told me and my family to go **** ourselves. They may say a lot of things about the US but at least their immigration authorities don't pretend they care like the European ones. A bunch of hypocrites up here in Europe if you ask me and yes, I'm angry.... no, I'm FURIOUS and I will probably never go back to Europe again. I will take the American system over the EU system any day after what we just went through.

[AuroraBorealis 0]

I want to thank everyone for their helpful feedback and advice. I appreciate your help and will probably stick around some more