Spouse Enters on Visitor's Visa, Applies for Green Card

[calenwen 3]

I envy you Guys. This is exactly the lifestyle I wish for my kids.

Good luck on your VisaJourney.

PS: I would remove the picture and other personal identifiers due to the sensitive nature of your queries. USCIS has been known to visit VJ, allegedly.

Aw, thanks! It can seem quite romantic and enviable, but it creates a lot of problems, such as not having a permanent address and being rather poor! We may have a bit of trouble proving the "bonafide" qualities of our marriage, as we don't own anything together, and our main place of shared residence was in China and a fat chance we'll have of getting any paperwork proving anything from over there!

[del-2-5-2014 1,339]

Aw, thanks! It can seem quite romantic and enviable, but it creates a lot of problems, such as not having a permanent address and being rather poor! We may have a bit of trouble proving the "bonafide" qualities of our marriage, as we don't own anything together, and our main place of shared residence was in China and a fat chance we'll have of getting any paperwork proving anything from over there!

True, but think of the stories you two will tell the Grankids. (There we were sailing down the Yangtze river during the monsoon......)

I just want them to understand that they're not trees and don't have to stay planted where they were born.

Edited July 11, 2012 by Gowon

[calenwen 3]

NOTE:

I'm afraid I wasn't clear enough in my opening post. My husband entered the USA after registering with ESTA, for what I assume is the VWP. When questioned by Border Patrol he stated that he was here for just under three months, to visit Yellowstone and see friends. They did not ask him if he was married and he did not say. He has a return ticket to England booked for September. He will use it if he must. Our intention was to continue travelling. Upon arriving, we realised that it was possible to get him a green card, and thought the timing seemed right. Frequent traveling can really take it out of you, and we felt ready to relax with family and stay in the same place for longer than a few months.

[AF-Wife 181]

Sounds legit. Apply for AOS!

Edited July 11, 2012 by AF-Wife

[AmyWrites 593]

NOTE:

I'm afraid I wasn't clear enough in my opening post. My husband entered the USA after registering with ESTA, for what I assume is the VWP. When questioned by Border Patrol he stated that he was here for just under three months, to visit Yellowstone and see friends. They did not ask him if he was married and he did not say. He has a return ticket to England booked for September. He will use it if he must. Our intention was to continue travelling. Upon arriving, we realised that it was possible to get him a green card, and thought the timing seemed right. Frequent traveling can really take it out of you, and we felt ready to relax with family and stay in the same place for longer than a few months.

If that's the case with no intention hey go ahead. Good luck... and no, system's not good on the poor or the recently married. Start getting co-sponsors if needed.

Edited July 11, 2012 by AmyWrites

[bsd058 296]

NOTE:

I'm afraid I wasn't clear enough in my opening post. My husband entered the USA after registering with ESTA, for what I assume is the VWP. When questioned by Border Patrol he stated that he was here for just under three months, to visit Yellowstone and see friends. They did not ask him if he was married and he did not say. He has a return ticket to England booked for September. He will use it if he must. Our intention was to continue travelling. Upon arriving, we realised that it was possible to get him a green card, and thought the timing seemed right. Frequent traveling can really take it out of you, and we felt ready to relax with family and stay in the same place for longer than a few months.

There you go! He did not commit fraud when he recently entered the US and could probably adjust status.

Edited July 11, 2012 by bsd058

[Cathi 5,757]

Yes, I meant that it would be difficult to prove intention, cheers.

My husband did (and still does)have a return ticket to England, but we are quite young, and so don't have any property either here or there, have been in transit for the past two years, so don't have a permanent residence anywhere or own any cars or .... anything! I feel the system is not set up for either the poor or young.

It's not set up for anyone who is poor, young or old. It is what it is. The fact remains if your husband had intent to adjust status while entering on the VWP, it's fraud plain and simple.Whether or not you admit it, your original post leads us all to believe that was the intent.

[bsd058 296]

It's not set up for anyone who is poor, young or old. It is what it is. The fact remains if your husband had intent to adjust status while entering on the VWP, it's fraud plain and simple.Whether or not you admit it, your original post leads us all to believe that was the intent.

Didn't lead me to believe that was the intent. Why did you think this?

[Boiler 45,558]

Unless they are stupid enough to make a fuss of it, it does not matter.

[darkequitus 0]

How has the UK law changed? If things don't work out here, we'll likely try over there, so I'm quite curious!

calenwen,

Read this very long thread

http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

Basically, it is very hard to bring your non-EU spouse to the UK now.

Here is a very long house of commons debat on it too!

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=10878&st=16%3a56%3a33.3070000&player=silverlight

[Justine+David 218]

Do you have a job here in the US or a co-sponsor lined up? I just ask because you mention that you are "poor." You have to meet a minimum income or have enough in assets.

[calenwen 3]

Do you have a job here in the US or a co-sponsor lined up? I just ask because you mention that you are "poor." You have to meet a minimum income or have enough in assets.

Yes, I do have a co-sponsor lined up, thanks. Have recently begun working part-time, but it's hardly enough to satisfy the requirements.

[calenwen 3]

calenwen,

Read this very long thread

http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

Basically, it is very hard to bring your non-EU spouse to the UK now.

Here is a very long house of commons debat on it too!

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=10878&st=16%3a56%3a33.3070000&player=silverlight

This is unbearably depressing and completely unfair.

[HelenBradley 28]

This is unbearably depressing and completely unfair.

Yes. It will be very difficult (perhaps impossible) for young people to bring a foreign souse to the UK now. I hope they make some changes.

Get organised and apply for AOS. We all prepare for scrutiny when applying for our visas or greencards. You are no different, you must become educated on this process so you can do it properly. Read the guides here and print off and read the instructions for each form you have to fill in for USCIS.

Yes, your husband came here on VWP. Does anyone know if they still disallow appeals for denial when adjusting from VWP? That would be my concern if it was me in your situation. Perhaps someone can answer that.

Best of luck with everything.

[calenwen 3]

Yes, your husband came here on VWP. Does anyone know if they still disallow appeals for denial when adjusting from VWP? That would be my concern if it was me in your situation. Perhaps someone can answer that.

Yes, thanks again, this is an important point. Does anyone know if you are able to appeal a denial when adjusting status from VWP?