Enrolling in higher education extending the visa waver

[Asegu67 0]

I am a British Citizen who is Married with American Citizen.I am here in the U.S.A. having a visa waiver. My wife who is now in california sangose. She used to visit me while I was in the United kingdom. We have had good phone & e-mail communication. I came America and asked her to persue our case & love to see her , how ever she informed me as if she put forward a petation of withdrwal not to followup the process. I contacted the visa centre & the U.S.I.S. The case is is in their hand ,but they informed me as if the case would be dealt by the petitioner ,but not by beneficery. I ask my wife to move forward ,but not happy. In the mean time I got a chance to be enrolled in universtiy of phonex to study information technology. My wife locked me up with unknown reason. I would like to have information about extending my visa waiver so that I can follow up marriage case and enroll in the university that I got the chance.

[Jojo92122 1,924]

I am a British Citizen who is Married with American Citizen.I am here in the U.S.A. having a visa waiver. My wife who is now in california sangose. She used to visit me while I was in the United kingdom. We have had good phone & e-mail communication. I came America and asked her to persue our case & love to see her , how ever she informed me as if she put forward a petation of withdrwal not to followup the process. I contacted the visa centre & the U.S.I.S. The case is is in their hand ,but they informed me as if the case would be dealt by the petitioner ,but not by beneficery. I ask my wife to move forward ,but not happy. In the mean time I got a chance to be enrolled in universtiy of phonex to study information technology. My wife locked me up with unknown reason. I would like to have information about extending my visa waiver so that I can follow up marriage case and enroll in the university that I got the chance.

What's a "sangose?"

How has your wife "locked [you] up?" Is she keeping you a prisoner?

There is nothing you can do if your wife does not want to proceed with an immigration case for you. It is her decision.

You cannot extend your stay in the US since you entered on the Visa Waiver Program. Your school cannot continue to enroll you as a student without a student visa.

You have to go back to the UK. If you stay, you will be living in the US illegally.

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http://curacao.usconsulate.gov/visa_waiver_program.html

I have entered the U.S. on the VWP but now find I need to stay longer than the 90 days. Can I transfer to another type of visa without leaving the U.S.?

No, you cannot transfer from the VWP to any other type of visa, and you cannot extend the VWP 90 day admission period. You must leave the U.S., Canada, Mexico and adjacent islands within the VWP 90 day admission period, and either apply for a visa relevant to your new situation, or re-enter on the VWP if your next stay will be less than 90 days and you still meet the other requirements. Re-entering on the VWP is however at the discretion of immigration officials at the port of entry, who can deny admission.

Can I extend the 90 day limit of the Visa Waiver Program?

No, the 90 day period of admission is not extendable.

[aleful 1,905]

What's a "sangose?" San Jose, California, his wife has moved there.

How has your wife "locked [you] up?" Is she keeping you a prisoner?

There is nothing you can do if your wife does not want to proceed with an immigration case for you. It is her decision.

You cannot extend your stay in the US since you entered on the Visa Waiver Program. Your school cannot continue to enroll you as a student without a student visa.

You have to go back to the UK. If you stay, you will be living in the US illegally.

----------------

http://curacao.usconsulate.gov/visa_waiver_program.html

I have entered the U.S. on the VWP but now find I need to stay longer than the 90 days. Can I transfer to another type of visa without leaving the U.S.?

No, you cannot transfer from the VWP to any other type of visa, and you cannot extend the VWP 90 day admission period. You must leave the U.S., Canada, Mexico and adjacent islands within the VWP 90 day admission period, and either apply for a visa relevant to your new situation, or re-enter on the VWP if your next stay will be less than 90 days and you still meet the other requirements. Re-entering on the VWP is however at the discretion of immigration officials at the port of entry, who can deny admission.

Can I extend the 90 day limit of the Visa Waiver Program?

No, the 90 day period of admission is not extendable.

Edited August 5, 2011 by aleful

[Penguin_ie 5,993]

***** Moving from Bringing Family Members of LPR... to General Immkigration as OP's wife is a USC but not interested in getting him a visa *****

If you want to study in the USA, you need an F1 student visa. They are normally quite easy to get for a UK citizen if you can afford the fees, but with the issues of your USC wife wanting a divorce this will be more difficult, plus isn't Phoenix an online university? If so, I am not sure they can help with student visas.

[Brother Hesekiel 2,236]

The way I understand your case, you entered the U.S. with a visa waiver and the intent to adjust status to that of a resident based on your wife's I-130 petition. That is against the law and can be a negative factor for the rest of your immigration journey. Now your wife decided not to file for Adjustment of Status for you but you want to go to school.

If that's the case, you will need to leave the U.S. before your 90 days are over. If not, you will accrue overstay. Back in the U.K. you apply for the school in Phoenix and once accepted, they will issue you an I-20 form. With that you apply for a student visa at the U.S. consulate in London.

You cannot do this from the U.S., and if your wife does not want to sponsor you anymore you can't make her. You will need to be careful not to get in trouble for overstaying, as that would make it difficult in the future to get any non-immigrant visa to the U.S.

[NigeriaorBust 4,087]

My husband who is a green card holder was talking to University of Phoenix campus and they wanted to see his green card because they said they DO NOT help students getting visas to the US.

[Brother Hesekiel 2,236]

My husband who is a green card holder was talking to University of Phoenix campus and they wanted to see his green card because they said they DO NOT help students getting visas to the US.

That's correct. Schools do not help students getting visas. All that accredited schools do, is issue an I-20 form, stating that the prospective student has been accepted by the school. The student then has to apply for a visa at the US consulate of the country of their residence.

Frankly, the University of Phoenix is one of the for-profit schools that have been the subject to much investigation lately, 20/20 included. As far as memory serves me, it's not even a regionally accredited institution of higher education, which is what matters.

[cartaverde 12]

Asegu, you could consider studying something at open.ac.uk instead, at least until the wife and AOS issues are solved.

Since technically your residency would still be in UK, that should be fine for open university. As long as you don't have to be in for exams in person anytime soon. That way you could still study something while resolving the other issues.

If she files the AOS for you like she promised, there may still be additional questions during the process. When you came here with the VWP programme, was your intention to get married and stay? The answer among the lines of "yes" to that will give trouble. VWP can only be used for casual touristing, with no intention of staying, and for less than 90 days of visits.

If you came over with a VWP and (can prove that you) had no intention of marrying and staying, that's a different story. Marrying while in country on VWP is not illegal. Now if this second scenario is closer to how it happened, and the AOS process is on the way, you still can't get out of the country before your status is adjusted. Depending on the state and when it's filed, it can be anywhere from 4-8+ months.

During the visa and AOS processes in a number of forms they ask a lot of details about YOU. And they need things such as medical certificates, police records, vaccination records, birth certificates, lists of cities and countries you've ever lived, all aliases you've ever used etc etc. If you never ordered or had any of those records around your wife during the AOS she promised to file, unfortunately I think she's just lying. There is no way she could have got those records for you. And even if she did, you still would have needed to go thru a medical exam for the AOS purposes, the forms would still have needed your signatures, and you should have confirmed all the details were correct.

I do hope that if she lied, there's still time to fix the issues. Out of the 90 days of the VWP you can't leave the country for any reason until adjusted, or you'll get a ban here. Time to have some serious talk with her I think. People can be afraid of commitment (avoiding marriage... and I guess avoiding AOS?), or there can be other reasons. Short for money? Maybe she hasn't grasped how vital for you the whole AOS is. Bad previous relationships? Afraid of something else? Best of luck - you'll need the talk with her. The AOS is vital for you if you want to stay or do anything legal at this point.