Options please

[Confused :( 0]

Okay, here's some background. I met my partner online four year's ago, we progressed though e-mails to text/calls etc. Last year we decided to meet so I applied for my ESTA (VWP) and spent a fantastic month with her before leaving the US in August. After a few weeks apart we both felt the same way so I returned to the US for the full 90 days allowed, during this time we married. After the 90 days I returned to UK for family reason's. When I tried to return to US at the end of December I was turned away,(I know ignorance is no defence but I wasn't aware of the limitations on time in/out of the US) My ESTA was cancelled and I was put on the next flight back to UK so here's the question, Do we file IR1/CR-1 and sit it out? (it's already been four month's apart). Can I go non immigrant route? (tourist visa for maximum 6 month's) would it be legal/frowned upon if i attempted it that way? We Skype constantly and call at least once a day but we need to be together. So I'm looking for suggestions of our next move if anyone can help please.

P.S due to child custody reasons it isn't financially viable for her to travel to UK as it would only be for maybe 4 days.

[Olomi_811 130]

Cr1 and wait with the rest.

You give the excuse that she can't buy her ticket to you. Last I checked GBP was worth more than USD and since you were willing to buy your ticket there (AHA MOMENT) PERHAPS YOU CAN BUY HER TICKET TO VISIT YOU.

[Penguin_ie 5,996]

You can apply for a tourist visa. I doubt you will get it so soon after being turned back at the border, and being married to a USC, but it doesn't cost that much to apply, and even if denied, it has no effect on your CR-1 (unless you lie during it).

[Confused :( 0]

I gave NO excuse about who buys any ticket. The fact is $900 for maybe four days isn't viable in this economy.

[jaycali 415]

Agree with Penguin. It's a long shot, but B-2 would be your only viable option. With a recent denied entry and a wife in the US, I unfortunately doubt you'll get the visa. However, not applying is a zero percent chance.

What they're scared of is this: With a B-2 visa and an American wife, you can legally adjust status in the US. However, you're not allowed to go to the US as a tourist intending to do this. You'll have to convince the embassy in London (and then the CBP officer at the aiport) that you absolutely have no intention of doing this. The burden of proof is always on the visa applicant, meaning you're presumed "guilty until proven innocent."

Applying for a B-2 and getting refused has no bearing on the CR-1 process what so ever.

Looks like the most likely option for you would be to wait out the I-130/CR-1 process as best as you can. I know it's hard, but it's worth it in the end.

Edited April 30, 2012 by jaejayC

[Confused :( 0]

Thank you. While I do intend to emmigrate, right now we just want to see each other. I had heard I could legally apply to change status but we won't if it's frowned upon, it's just not worth the risk. The idea was to visit while we await correct visa. I can show strong ties back to the UK. The marriage wasn't planned on entry but something we decided there, as I left the US when my ESTA ran out as far as i can tell that is all legal and Okay.

[jaycali 415]

[quote name=Confused ' timestamp='1335787127' post='5341752]

Thank you. While I do intend to emmigrate, right now we just want to see each other. I had heard I could legally apply to change status but we won't if it's frowned upon, it's just not worth the risk. The idea was to visit while we await correct visa. I can show strong ties back to the UK. The marriage wasn't planned on entry but something we decided there, as I left the US when my ESTA ran out as far as i can tell that is all legal and Okay.

You could always try. The chances are greater if you try than if you don't try. You can show that you were in the US without trying to adjust previously. That, coupled with strong evidence of ties to the UK may be your best bet.. But.. I have to ask, if you plan to stay for months on end, what ties do you have to show for?

I always reckon the best thing to do is put yourself in the CO's shoes. He/she sees your application, previous long stays and a recent denied entry. He/she sees a wife in the US.. Legally, he/she cannot approve your visa if he/she believes you might intend to adjust status once in the US. To approve your visa, he/she needs to be fully satisfied that you will return within the given time.

Edited April 30, 2012 by jaejayC

[jaycali 415]

Strong ties could be i.e. owned property, lease agreement, work letter etc... Anything that would be an incentive for you to return home before coming back.

Edited April 30, 2012 by jaejayC

[Boiler 46,004]

No harm trying but very unlikely in the circumstances.

The solution would be for the US So to visit.