Uk guy, got married in usa.. MAJOR help needed

[NikkisPrecious 0]

Hi all,

I've recently got married to my beautiful american wife. I undrstand i now need to fill out alot of forms etc but have a few questions i need answering that i just simply can't seem to find the answers for anywhere.

1. I had travelled to the us alot on the Visa waiver program and began to get scrutinised after the 4th/5th time, i was advised by the embassy to apply for a b1/b2 visa... i went for the interview and it was refused because i din't have strong enough ties to the uk.. Will this affect my chances of getting anywhere in the process ok K3 or any other forms i now need to fill out?

2. I'm currently in the us, i was told by the uscis i can stay until the forms are filed back to me, is this true? Can i stay now we are married? Am i likely to be deported? I need to know if theres any risks about what i've done.

I've simply come to usa and got married and want to stay.. is this ok?

Any help would be really appreciated.

Thanks

[Jersey Girl 2]

You need to contact a good immigration attorney for personal advice.

But you should know that it's your wife (the petitioner), who starts the K3 process for you (the benificiary). She fills out most forms, not you. Once she has proved she's eligible, and her petition is approved, then you have permission to apply for a visa. That could be several months down the road. Generally, the foreign spouse goes back to their country to wait.

What is your status in the States now? Do you have any kind of visa? I believe that if you entered legally and married on the spur of the moment, you may be eligible to apply for AOS (Adjustment of Status). You would not be allowed to leave until (and if) it was granted. And you'd be on the hook to prove you did not have immigrant intent when you entered. Might be difficult given your history.

[NikkisPrecious 0]

You need to contact a good immigration attorney for personal advice.

But you should know that it's your wife (the petitioner), who starts the K3 process for you (the benificiary). She fills out most forms, not you. Once she has proved she's eligible, and her petition is approved, then you have permission to apply for a visa. That could be several months down the road. Generally, the foreign spouse goes back to their country to wait.

What is your status in the States now? Do you have any kind of visa? I believe that if you entered legally and married on the spur of the moment, you may be eligible to apply for AOS (Adjustment of Status). You would not be allowed to leave until (and if) it was granted. And you'd be on the hook to prove you did not have immigrant intent when you entered. Might be difficult given your history.

To your first part, i don't want to return to the uk, and i thought by her filing the forms i was able to stay here until they clear so to speak.

My current status.. I came on the VWP and got married and basically don't want to leave her now coz ofcourse we have just got married... I don't know what to do

Thats the other really difficult thing, if i wasn't advised by the embassy to get a b1/b2 visa i'd never of gone for the interview, i went and got refused!! after they advised me to go for it. Now i have that hanging over me and i'm scared now were married that will haunt us and things won't get approved.. What does a guy have to do to stay with his wife??? its insane

Edited August 24, 2006 by NikkisPrecious

[NikkisPrecious 0]

I mean thats a whole new question in itself.. If you've come from the uk to get married in usa do you have to leave? should you leave? do people leave in order for the forms to get processed?

Surely once a couple are married they can stay together?

God i have such a headache

Any helps really appreciated guys... thankyou

[JenT 0]

Read here:

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Laura_and_IanM 0]

You need to contact a good immigration attorney for personal advice.

But you should know that it's your wife (the petitioner), who starts the K3 process for you (the benificiary). She fills out most forms, not you. Once she has proved she's eligible, and her petition is approved, then you have permission to apply for a visa. That could be several months down the road. Generally, the foreign spouse goes back to their country to wait.

What is your status in the States now? Do you have any kind of visa? I believe that if you entered legally and married on the spur of the moment, you may be eligible to apply for AOS (Adjustment of Status). You would not be allowed to leave until (and if) it was granted. And you'd be on the hook to prove you did not have immigrant intent when you entered. Might be difficult given your history.

To your first part, i don't want to return to the uk, and i thought by her filing the forms i was able to stay here until they clear so to speak.

My current status.. I came on the VWP and got married and basically don't want to leave her now coz ofcourse we have just got married... I don't know what to do

Thats the other really difficult thing, if i wasn't advised by the embassy to get a b1/b2 visa i'd never of gone for the interview, i went and got refused!! after they advised me to go for it. Now i have that hanging over me and i'm scared now were married that will haunt us and things won't get approved.. What does a guy have to do to stay with his wife??? its insane

How long have you been over already? You could do AOS and stay but there is a big risk with doing so. Generally, the USC petitions for the pending immigrant (yourself). If she applies for the K-3, it would bring you back over quicker potentially...the downside to that it that you dont have the immediate immigrant visa and will have to apply for social security number and the right to work whild doing the AOS,she can apply for the CR-1 which takes longer to get you over BUT, it is the grand daddy of all visas and will allow you to work etc.

my thoughts to you is that you get a good lawyer because you have one flaw...you have already been denied for a visa. Make sure you do your homework when you hire a lawyer because there are some out there that dont work on immigration all the time. Also, you need to let reality set in and realise that you will potentially be apart for months. You need to realise that that is the unfortunate fact about the whole immigration process. Unless your wife can do like what I did, and go stay with you in the UK while you both wait for your approval. She would have to keep some sort of domocile and make sure she has an address to put down on the forms in the US...I have all of mine sent to my friends house who said that Ian and I can stay with while we look for our own home. She just forwards me all the mail sent from immigration.

Take your time, and breathe in..breathe out....this is going to be a long ride...but you obviously love your wife and she is worth it...

LJ

[NikkisPrecious 0]

I've only been over a month, so essentially i have 60 days left before i have to leave, but i love her so much i don't want to leave, i don't know why i got the impression from the uscis i could stay whilst this was all being processed. SO i guess i can? but with my refusal lurking its a big risk?

These should be happy times, i'm in a complete state. The thought of having to leave my wife is killing me.

I guess there really are no shortcuts..

Edited August 24, 2006 by NikkisPrecious

[JenT 0]

I've only been over a month, so essentially i have 60 days left before i have to leave, but i love her so much i don't want to leave, i don't know why i got the impression from the uscis i could stay whilst this was all being processed. SO i guess i can? but with my refusal lurking its a big risk?

These should be happy times, i'm in a complete state. The thought of having to leave my wife is killing me

That's why we filed for the K1. We knew once we were married we wouldn't be able to be apart.

[Reba 2]

You CAN stay while you apply for Adjustment of Status (AOS), but this could take several months to a few years to complete, and during that time, you will not be able to leave the country to go back home to get your things, or for family weddings or funerals. You'd be pretty much stuck here in the US until you have that green card in your hand. I've known of a few people unable to leave for nearly 3 years.

You also may not be able to work for several months, or until you get the green card. If money is an issue, this could be a problem.

Also, because you entered on a visitor visa (waiver program included) if your AOS is denied you have no avenue for appeal AFAIK. If however you leave the US and wait out the K3 or CR1 petition and application in the UK, then once you have that, you're pretty much guaranteed able to stay with your spouse, barring any unforseen criminal activity or inability to comply with the AOS process for some reason, of course.

Really have a talk with an experienced immigration lawyer to find out all the ins and outs and pros and cons of staying to apply for AOS vs. leaving to apply for K3 or CR1. Read the guides here and weigh all the options for better or worse. If your AOS is denied here, is your wife willing and able to move to the UK? Their immigration proceses for spouses is somewhat easier to get thru.

[Kez/JWolf 6]

You can file for AOS and file for EAD it will take no longer than anyone elses case to be deceided on and as soonas the EAD is approved and you have received the card you can work...

Yes there are risks you could be denied (as could any K1 or K3) and have to go home and apply for a K3...

You may be asked for proof that you intended to return to the UK after you got married... most people are not asked for proof...

It took 181days from the time I filed all the paper work to being approved at interview... so not to long at all...

Here is a link to the guide that will explain what form you need to file and info about getting the medical and such....

http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

Kezzie

Edited August 24, 2006 by Kezzie

[Tim and Bethanie 1]

Sorry to hear you were mislead into thinking you could do all of this while still being with your wife. Try not to feel hopeless, it isn't the end of the world despite feeling like it is. My husband has often said to me, I didn't want to leave you for one minute much less as long as it has been now. Yet he has also stated he would do this all again. At first being apart seems like the most horrible thing you will ever have to do, but with a strong love, devotion, communication and respect for one another it can be done just ask everyone on this site. I'm not great on the ins and outs of the various visas, but can be helpful on the emotional side of it if you ever just need an ear. Our process had many set backs for various reasons, so our timeline is certainly not one to look at if you want to feel hopefull. I am here to tell you that after a very long time, my husband and I will be reunited next Friday and we survived it, so you can too.

Whatever route you go, keep strong for each other because none of it is easy everyday. It will all work out, just get on the move and find out what you need to do or not do. Just don't overstay! You have a couple of months to get things going, I would start first thing tomorrow morning.

Bethanie

[Laura_and_IanM 0]

Don't forget ...for those of you telling him it is ok to stay and that he can apply for AOS, he has already stated that he was denied a prior visa application. This will affect his process.To the OP Again, get a lawyer and a good one but do it soon. And like tim and bethanie stated, don't overstay!!!! Not to add salt to open wounds here, but you really should have looked into this properly before getting married. I can't see anyone at USCIS making any comments that would make anyone believe that they would be able to stay in the country. They are going to advise you to leave then apply for any type of visa. Please don't take that the wrong way, but it is the truth. Like they say, you make your bed...now you are going to have to lie in it. Goodluck with what you do..

LJ

[JenT 0]

Don't forget ...for those of you telling him it is ok to stay and that he can apply for AOS, he has already stated that he was denied a prior visa application. This will affect his process.To the OP Again, get a lawyer and a good one but do it soon. And like tim and bethanie stated, don't overstay!!!! Not to add salt to open wounds here, but you really should have looked into this properly before getting married. I can't see anyone at USCIS making any comments that would make anyone believe that they would be able to stay in the country. They are going to advise you to leave then apply for any type of visa. Please don't take that the wrong way, but it is the truth. Like they say, you make your bed...now you are going to have to lie in it. Goodluck with what you do..

LJ

Yep... I was gonna say 'haste makes waste' but you said it more eloquently.

[NikkisPrecious 0]

Will being denied a b1/b2 visa that THEY suggested i apply for in the first place really affect this? If so that's really unreasonable and unfair. I had been travelling alot to usa on the vwp and it looked like i was abusing it so on all parties i was recommended the b1/b2 to travel.. the immigration tell me the embassy tell me, so i go, get refused..

Surely this would be treated as a new case? yet might just be looked at a lil deeper because of my previous denial on a b1/.b2 But if i supply the truth as to what happened and explain everything, i can't see why i'd get rufused again.

This is so difficult! and i've actually not done one thing wrong. I travelled to usa on visits, i always left legally within 90 days, ive married legally.. what am i supposed to do?

[NikkisPrecious 0]

Alot of people are saying get a good attorney too, can anyone point me in the direction of a "good" attorney.

I'm sorry if i seem hasty or ignorant towards certain issues but i was totally unaware of how much ###### i would now be in.