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Filed: Citizen (apr) Country: England
Timeline
Posted

Since approval without interview is not something one can specifically request, it's all something of a moot point really! The OP will get what he gets, and let's hope it goes smoothly for him.

:star:

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

Filed: Country: United Kingdom
Timeline
Posted

Comparing immigration law to criminal law is not a valid comparison. And under immigration law, the burden is on the immigrant to prove that they qualify for the benefit that they are requesting.

People in your situation really should have a consultation with an immigration attorney to review the facts of their situation and get advice on how to best present their case.

Now I remember why I broke things off with that lawyer years ago.....but thanks for the literal interpretation of my random comment

And based on everything I've read on this website it seems most posters are more aware of the legalities pertaining to immigration law than most lawyers, but who knows....

One more quick question for those who have been so very helpful thus far: Should I at this time also submit my I-864 Affidavit of Support? Thanks again so much for everyone's help!

Filed: Other Timeline
Posted
Now I remember why I broke things off with that lawyer years ago.....but thanks for the literal interpretation of my random comment

And based on everything I've read on this website it seems most posters are more aware of the legalities pertaining to immigration law than most lawyers, but who knows....

That was uncalled for and impudent on your part I think.

Given the entire scenario you presented, I think Yodrak's advice is spot on.

Thanks, on both counts! I'm hoping it will help that he came over not on a VWP as most UK citizens but on a B1/B2 visa which he was granted after an interview at the US embassy in London due to the fact that he's not a UK citizen but rather a South African who was living in England on an ancestral visa. He had to show proof then that he had no intent of immigrating, otherwise he wouldn't have been granted a visitor's visa. I'm also hoping that because he obtained an ancestral visa in December to live in the UK that will help. Why go through the trouble of obtaining an ancestral visa if he were going to immigrate only six month later? He would have just immigrated from SA. It makes me a little crazy that we have to prove the truth. It's like we're guilty until we prove we're innocent. Oh well, I know it's only for the security of the country so I guess they have to do what they have to do. I'm glad that I now have people who can help me with these questions and my stress as I don't want to be stressed out my entire pregnancy worrying about all of this!
Filed: Country: United Kingdom
Timeline
Posted
Now I remember why I broke things off with that lawyer years ago.....but thanks for the literal interpretation of my random comment

And based on everything I've read on this website it seems most posters are more aware of the legalities pertaining to immigration law than most lawyers, but who knows....

One more quick question for those who have been so very helpful thus far: Should I at this time also submit my I-864 Affidavit of Support? Thanks again so much for everyone's help!

Don't be foolish. You have no idea of the risks involved with what you are doing right now, and if you don't know jack about immigration law, how do you know who here does and who does not? If you have not been able to find the official source of information to find our the most basic thing-- what to submit when and where--you're in more danger than you know.

You have a number of facts in your situation that scream *caution*, but hey, if the majority here says it's OK (even if they have no idea what you are talking about), then that is OK?

I made sure that when I brought my foreign husband here, it would be for good--I didn't want to go back to his homeland if he got bounced out (especially for my error!).

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Country: United Kingdom
Timeline
Posted

Jeez, can we all simmer down a bit here? I stated in an earlier post that I was overwhelmed; I then said something about how this made me "feel" as if we were guilty until proven innocent and to that I was told I shouldn't compare criminal law to immigration law. ??? It was a feeling, an opinion. Period. I wasn't literally comparing two divisions of the law. As for consulting an immigration attorney...I'm not disputing its merits. But I'm trying to gather as much valuable information from all sources available and I find the comments and advice from some of these posters to be incredibly helpful as they've been through what I'm going through or are currently going through it. Also, immigration attorneys, like most, are expensive. And as for a number of my facts screaming *Caution*: no more so than anyone else. He came over on a visitor's visa (a difficult one to obtain at that), with no intention of marrying while here, but due to my pregnancy we changed our minds. We're 34 and adults, and I'm perfectly willing to do whatever is necessary to assure we run into as little difficulty as possible in obtaining his visa. That's why I'm here. People like dr_lha, ChristinaM, and Kezzie are an invaluable asset to this site and a great help to folks like me. Being told I shouldn't be comparing one form of law to another (when I wasn't), being called foolish and impudent is a waste of everyone's time and a bit childish. So, for the record: thank you Yodrak for your advice, and thank you to everyone who has helped me thus far. I appreciate everyone's time and certainly never intended to come across as anything less than gracious.

Filed: Other Timeline
Posted (edited)

Well, words on a screen sometimes don't convey the intent. Perhaps we misread?

What you are being advised here is that your case is possibly more complex than you think. And that the knowledge of those answering you is probably only covering a portion of your quandry.

Being an 'adult' will have no bearing on your case. If there is something amiss in your situation then that is all that matters. As an adult you should come to grips with that now rather than later.

Yes lawyers are expensive - so is prenatal care - would you go without it? A consultation with one may serve to ease your mind. Choose one that is a member of the AILA.

Edited by rebeccajo
Filed: Timeline
Posted

As you know I did AOS from a VWP and now have my Greencard.... I did use the services of a lawyer because I wanted to make sure that what we were doing was not going to cause us problems later... I would and do recommend that anyone doing AOS from a VWP/Tourist visa should have a meeting with a good immigration lawyer just to go over their case and make sure they as not going down the wrong path....

Yes you can get good advice here on VJ but we are not lawyers and we dont know all your situation....

Kezzie

Filed: Country: United Kingdom
Timeline
Posted

Thanks again Kezzie, good to know and something to consider for sure...

As for being an adult, once again...I was not "implying" anything, least of all that it would have any bearing on my case, therefore requiring me to get a grip; I meant only that I'm willing to do everything necessary to ensure this process goes as smoothly as possible. That said...I certainly appreciate your suggestion that if I were to consult a lawyer that I speak with one who is a member of AILA. That is very helpful advice.

Filed: Country: United Kingdom
Timeline
Posted
And as for a number of my facts screaming *Caution*: no more so than anyone else. He came over on a visitor's visa (a difficult one to obtain at that), with no intention of marrying while here, but due to my pregnancy we changed our minds.

I guess you've missed the whole point of obtaining a non immigrant visitor's visa.

I'm sure you'll be fine.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Country: United Kingdom
Timeline
Posted

I'm a bit confused by that last post as I understand full well the point of obtaining a n/i visitor's visa but that's neither here nor there...can we PLEASE quit overanalyzing one another?? I've been guilty as well and it's silly. I just want a little help here and there

oh, and thanks Rebecca :)

 
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