Introducing Spaceman Spiff :)

[spacemanspiff 0]

Hey there everyone, I just registered and am here to say hello!

I'm a UK citizen that's been in the US for almost two months out of my allowed three on the Visa Wavier Program. I'm living with my girlfriend whom I met in the summer (July). We met and dated for a bit and stayed together for almost a month before I had to go back to the UK for work (something I only need to do a couple of months each year) in September. We've both admitted (stubborn couple here, neither of us wanted to crack and say it first) love for each other and have realised that we're both wanting to grow old together.

Unfortunately, there's the barrier that many of you are already currently scaling - the legal living issue. I'd have no problem with taking her back to the UK, but she's settled here, and I love the life I've created here in the States.

I've started to look in to options for marriage, after we had a talk about it. But I don't know where to start.

The Fiancé visa requires me, if I'm understanding correctly, to go back to the UK and apply from there, then sit around and wait for months to (possibly) receive a go-ahead to come back and marry her. There's apparently another option - we get married here, and I file for adjustment of status and eventually gain things like residency status and a green card. But can I head back to the UK if my work requires it while awaiting the completion that process? How long are the waits for the adjustment of status and work permits etc? Which procedure is that named? (I think it was the K-1 that's the fiancé visa, right?)

I thought I'd ask these questions here before diving in to the relevant part of the forums. Because I just don't know enough!

Any pointers much appreciated. Looking forward to this journey and what it will bring... and wondering exactly when I'm going to propose and how silly a situation it's going to be!

Edited February 7, 2012 by spacemanspiff

[mounir412 101]

welcome to VJ !!!

[Moomin 292]

Nope, if you get married now and file for AOS and go back to UK before you get approved, AOS is considered abandoned. You could file AP(Advanced Parole) with your AOS but you cannot leave until you have it in hand.

What's your travel pattern like? In US July-September, then again December-February? Here's the downside - they (CBP officers) might look at your travel pattern and see you've spent almost 180 within one year and conclude you're doing more than just visiting whenever you spend 180 days(or more) outside your home country, and ask you to apply for a tourist visa. It's an "if" however a likely scenario when you decide to visit again using VWP.

I mention this because I otherwise would've suggested the cr-1 route, or simply visiting with a pending fiance(e) petition at USCIS.

However, AOS'ing from tourist visas is okay as long as it wasn't planned before arriving(again, the intent is what is important).

Edit: ...and welcome to VJ!

Edited February 8, 2012 by moomin

[TheFantastics09 19]

Hey there everyone, I just registered and am here to say hello!

I'm a UK citizen that's been in the US for almost two months out of my allowed three on the Visa Wavier Program. I'm living with my girlfriend whom I met in the summer (July). We met and dated for a bit and stayed together for almost a month before I had to go back to the UK for work (something I only need to do a couple of months each year) in September. We've both admitted (stubborn couple here, neither of us wanted to crack and say it first) love for each other and have realised that we're both wanting to grow old together.

Unfortunately, there's the barrier that many of you are already currently scaling - the legal living issue. I'd have no problem with taking her back to the UK, but she's settled here, and I love the life I've created here in the States.

I've started to look in to options for marriage, after we had a talk about it. But I don't know where to start.

The Fiancé visa requires me, if I'm understanding correctly, to go back to the UK and apply from there, then sit around and wait for months to (possibly) receive a go-ahead to come back and marry her. There's apparently another option - we get married here, and I file for adjustment of status and eventually gain things like residency status and a green card. But can I head back to the UK if my work requires it while awaiting the completion that process? How long are the waits for the adjustment of status and work permits etc? Which procedure is that named? (I think it was the K-1 that's the fiancé visa, right?)

I thought I'd ask these questions here before diving in to the relevant part of the forums. Because I just don't know enough!

Any pointers much appreciated. Looking forward to this journey and what it will bring... and wondering exactly when I'm going to propose and how silly a situation it's going to be!

Well hello to you! Welcome to VJ!!

[spacemanspiff 0]

Another progress note: Popped the question last night. She said yes immediately. I can't stop grinning!

welcome to VJ !!!

Thanks!

Nope, if you get married now and file for AOS and go back to UK before you get approved, AOS is considered abandoned. You could file AP(Advanced Parole) with your AOS but you cannot leave until you have it in hand.

What's your travel pattern like? In US July-September, then again December-February? Here's the downside - they (CBP officers) might look at your travel pattern and see you've spent almost 180 within one year and conclude you're doing more than just visiting whenever you spend 180 days(or more) outside your home country, and ask you to apply for a tourist visa. It's an "if" however a likely scenario when you decide to visit again using VWP.

I mention this because I otherwise would've suggested the cr-1 route, or simply visiting with a pending fiance(e) petition at USCIS.

However, AOS'ing from tourist visas is okay as long as it wasn't planned before arriving(again, the intent is what is important).

Edit: ...and welcome to VJ!

Thanks for your clarification - things are already clearer in my head. I'll be talking to a lawyer later today about it, just for a quick clarification. I'll probably ask her for assistance filing shortly.

Yeah, my pattern so far has been June - Sept, now... ish... Dec - Mar. I have a few work things I might have to return for but they're still completely up in the air, so I'm not factoring them in. Knowing that there's an AP possibility makes things easier if I have to go back for work.

Thanks.

Well hello to you! Welcome to VJ!!

Thanks!

Edit:

If my VWP runs out on like, for example, March 20 2012, is 19 March 2012 the cut-off for filing for AOS, or before that? Or does the VWP immediately change to 'pending possible change' or something, so I won't get deported if I sneeze in front of a courthouse...?

Obviously I can't AOS before marriage happens, but I don't want to miss any cut-off dates and be apart from my love for, well, any time at all!

Edited February 10, 2012 by spacemanspiff

[Harpa Timsah 13,258]

Spaceman. Welcome! I want to point out that if you are planning on moving to the US, you probably shouldn't try to keep your job in the UK. You are suggesting using AP to go work abroad? For months?? I thought you didn't want to be apart from your fiancee?

[spacemanspiff 0]

Spaceman. Welcome! I want to point out that if you are planning on moving to the US, you probably shouldn't try to keep your job in the UK. You are suggesting using AP to go work abroad? For months?? I thought you didn't want to be apart from your fiancee?

I should have pointed out that I freelance occasionally. I haven't worked full time for a few years, as working for a month keeps me buoyant enough to last almost a year. Hence the extended travel in the first place. One client who's been calling on me occasionally for over a decade has a potential big project coming up in the next few months for between 10-22 days... And that's where the possible need for a bit of travel comes from. I wouldn't have thought the visa people would have a problem with me enabling myself to become more financially stable!

But yeah, this will all die once I'm in the US unless there are really special (and I mean lots of zeros) circumstances that require me to be back there for a few weeks. Plus, at that point, the (hopefully by then) wife could come with for a holiday in rain!

[Moomin 292]

Another progress note: Popped the question last night. She said yes immediately. I can't stop grinning!

Thanks!

Thanks for your clarification - things are already clearer in my head. I'll be talking to a lawyer later today about it, just for a quick clarification. I'll probably ask her for assistance filing shortly.

Yeah, my pattern so far has been June - Sept, now... ish... Dec - Mar. I have a few work things I might have to return for but they're still completely up in the air, so I'm not factoring them in. Knowing that there's an AP possibility makes things easier if I have to go back for work.

Thanks.

Thanks!

Edit:

If my VWP runs out on like, for example, March 20 2012, is 19 March 2012 the cut-off for filing for AOS, or before that? Or does the VWP immediately change to 'pending possible change' or something, so I won't get deported if I sneeze in front of a courthouse...?

Obviously I can't AOS before marriage happens, but I don't want to miss any cut-off dates and be apart from my love for, well, any time at all!

Yes, within those 90 days, before your lawful stay is up. Keeping tracking info(e.g. priority mail w/ tracking info) is good to at least know you filed when you did. People using VWP sign away their rights to appeal if AOS is denied so doing things by "the book", avoiding overstay etc. are factors that aren't against you, even though overstay is forgiven when you're the spouse of a USC. It's rare you're asked about your immigration status because it's rare you'll bump into someone authorized to ask about it (with exception of a few states - Virginia is one of them, to my knowledge), stay on the right side of the law and you can sneeze wherever you want to.

AP is usually for emergencies though. Is it possible for your fiancee to visit you in UK? I'd hate for you to be turned away in an airport. If you're let in, I do see an alternative.

Filing a K1/i-129f petition now ASAP, stay in country until your lawful stay is up, go back, work, visit in US and spend time there until your i-94 is up or you get the petition approved. Then back to the UK to finish up the process(medical/interview), and maybe you working the last time in UK. It might not be the preferred method but you do have the freedom of working, and having your fiancee visit. Anyways, your lawyer might make it clearer to you but I'd advise you to stick around VJ - some lawyers can make the situation worse for you, lengthening the process.