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

[Tim and Bethanie 1]

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?

You still haven't done anything wrong at this point.I am sure all of this can be sorted out so long as you stay on top of what you need to do in order be legally here in the U.S.

Another good place to join and ask questions is British expats http://britishexpats.com/.

I only talked to these people once, they have a man on their team that was the regional supervisor for my area (Louisville KY) he retired after thirty years, he seemed to know what he was talking about. http://www.dennisclare.com/contactfirm.html Take the time and keep asking and waiting for suggestions before you make a choice who you are going to use. Maybe call some local firms and ask around, even the law board for the state your wife is from. Do your homework on whoever you choose, as you go through this process you will soon learn there are lawyers who have very little knowledge on immigration which will only cause you delays.

You will soon find that the general population of America has no clue about immigration. Can't tell you how many times I have told someone we are going through immigration and my husband is still in England and they say "why? you could have just married and he stayed here". Don't listen to half of what you hear, and never assume anything.

[gwenneh 7]

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?

What you are supposed to do, is adjust your status legally.

You can attempt to do this from within the US. As previously stated, you will not be able to leave the US until the process is complete. You will not be able to work until you have the proper authorization. These things can take time, from a few months to a few years. When being interviewed, the burden of proof will be on you. You MUST be able to prove that you did not enter the US with intent to marry and stay. Since you were denied a tourist visa for failure to prove sufficient ties to the UK, this will not be easy-the interviewing officer will be looking for those same ties. If you are denied your AOS, you will have to return to the UK and file for a K-3 visa-you cannot appeal this decision. Were I you, I would not choose this route, mainly because you've already said you can't provide enough information to prove ties to the UK.

You can alternatively go back to the UK and file for a K-3. This is explained in more detail in the guides and by other posters already. Yes, you will have to return to the UK to do this, but it is a safer bet.

Good luck. USCIS has no pity on those who don't do their research beforehand...I feel for you!

[NikkisPrecious 0]

thanks for the help guys, i'm truely gutted, looks like i'm going to have to go home, I spoke to a lawyer today and he told me if i try to return on the VWP again, due to my b1.b2 refusal i will be denied entry.. basically i'm F**KED

[Tim and Bethanie 1]

Ahhh you aren't f*cked, your wife can start doing the travelling instead.

[NikkisPrecious 0]

Yeah i guess thats whats going to happen, she has 2 kids froma previous relationship so its not just a get up and go kinda situation, she has a great job in usa too, it makes this so difficult because i was in the better position for being the one to move.

Also.. When i spoek to the lawyer today he said that my recent refusal on the b1/b2 visa will have no affect on applying for other visa's. Which sounds great, but... how can he gaurentee me that? And at £300 a session with him its not cheap

Thanks again for your help guys

[rebeccajo 14]

File your papers now. Stay here as long as you can. Till the 89th day of whatever, just make sure you are out of the country on time.

Then like Bethanie said, have her come visit you. At least it will give you something to look forward too.

[Tim and Bethanie 1]

Yeah i guess thats whats going to happen, she has 2 kids froma previous relationship so its not just a get up and go kinda situation, she has a great job in usa too, it makes this so difficult because i was in the better position for being the one to move.

Also.. When i spoek to the lawyer today he said that my recent refusal on the b1/b2 visa will have no affect on applying for other visa's. Which sounds great, but... how can he gaurentee me that? And at £300 a session with him its not cheap

Thanks again for your help guys

He can't guarantee you anything. File the K-3 now like Rebecca stated leave on your 89th day, and if you run into problems later then hire the Attorney. So far you have yet to break the law. If you are going to try to stay and do AOS then I would strongly suggest the need for an Attorney now. That's just my opinion.

[NikkisPrecious 0]

Does anyone have any suggestions for what would happen IF she moved here also?

Any help is really appreciated

Also.. i have a stamp on my passport saying about the refusal.. becasue things are electronic does that mean its held on my passport info?? My god, theres so much stff to think about

[NikkisPrecious 0]

Ok the Consular said i would be able to return on the VWP if i show enough evidence i'll be returning to the uk, whereas the lawyer is saying not to even try to enter coz they will refuse me.. I don't know who to trust anymore.. can i trust anyone?

[JenT 0]

Yes... your record will follow you. You've been given good advice from the people here and now you know your options. You're getting conflicting info from govt sources but I would trust those who have had direct experience with this process... and if you are confident in your attorney's credentials, then he should be considered credible.

As far as your wife living in the UK with you, why not? As long as she can do so without any custody consequences... that might be your biggest hurdle.

How much did you know about the use/abuse of the VWP, and the fact that its not an entitlement to US entry? From what source? Just curious as to whether those who exercise the VWP are really given enough information about it...

Jen

[NikkisPrecious 0]

The consular who refused mt visa said i can go back and try on the VWP but i will need a strong case to show i'd return to the uk, whereas the lawyer wrote it off straight away and told me not to even try re entering..

So who's right? The official or the lawyer? Well me knowig immigration i'd say the lawyer is right

[JenT 0]

We've also seen PLENTY of evidence on this site about attorneys being negligent....

No one can tell you where to go from here. It has to be your decision.

Edited August 25, 2006 by JenT

[NikkisPrecious 0]

We've also seen PLENTY of evidence on this site about attorneys being negligent....

No one can tell you where to go from here. It has to be your decision.

Really!? aaaah ok, yeah i think the consular officer should know more right, i'll just have to show a strong case at customs & immigration i guess

[TracyTN 237]

The consular who refused mt visa said i can go back and try on the VWP but i will need a strong case to show i'd return to the uk, whereas the lawyer wrote it off straight away and told me not to even try re entering..

The operative word here is that you can 'try'.

Personally, I'd have the USC visit the UK while you await the process.

[Jersey Girl 2]

Nikkis, here's two cents from the peanut gallery:

You can drive yourself nuts asking about the previous denial and how it could affect you. Leave it alone. You also know that staying and trying AOS is risky, so leave that alone, too. Instead focus on K3 and waiting for it in the U.K., which is how it's done.

Yes, the separation will be difficult, but get over it. Like the rest of us, devise your strategies. Start thinking about your future together and how you're going to get there. She will need her good job in the States in order to sponsor you. It could take up to a year for you to be together permanently. Start living with that idea now.

There are many visitors who are denied entry because they can't produce evidence of ties that make return to their own country highly likely. It happens to Canadians all the time. Be aware that there's a point in the K3 process where this question will be asked. (Package 3.) But it doesn't have to be a deal breaker. As people here have said, as long as you comply now and don't overstay, you will most likely be fine later on.

The danger is that you're too focused on what you want rather than what immigration law demands. Stop looking for loopholes that could scotch your plans later. Stop looking for attorneys with answers you like. Start doing things that have the highest probability of success.

You have time to assemble the I-130, which is the first form required for K3. You can also start assembling the I-129f so it's ready to go as soon as she gets a receipt for the I-130. You don't need a lawyer for these, only an eagle eye to fill the forms exactly as they want and to pay the fees. (roughly $400 in total)

Sorry this is all hitting you like a ton of bricks just when you were so happy on your honeymoon. But you'll find good advice and support here and it won't cost $300 an hour. (No, it's not too early for a beer!)