austrian wants to marry american and then move to london

[cinamon_at 0]

hi, i hope i've found the correct thread - i was browsing for the past 3 hours and this one seems to be the right one. i'll list the date lines first and then the questions:

March 5, 2006: Elisabeth and Lester met on the beach in Boca Raton, after 2 weeks (march 23) Elisabeth went back to DR to finish work and then to Frankfurt.

April 11, 2006: Elisabeth came back to Miami with a visa waiver to visit Lester.

July 3, 2006: Elisabeth leaves to Nassau for a week to assist an Austrian client and enters with Visa waiver (july 9)

Oct 7, 2006: Elisabeth leaves again for Nassau for a week to assist the same client and enters again with a Visa waiver (oct 14)

Oct 30, 2006: Elisabeth leaves for Europe to visit her mum who had foot surgery in Vienna and to apply for a tourist visa which got approved.

Nov 17, 2006: Elisabeth retourns with a tourist Visa to the states and gets interrogated by an immigration officer in Orlando. too many times crossing the border...

so, i was going back and forth with a visa waiver and am now here with a tourist visa. lester wants to marry me in december and in may we want to go to london because he has a job offer there. we want to get married in the states because it's far easier and i don't plan on filing for any papers until we retourn to the states since i'm selfemployed with an internet business and don't need a work permit.

now my questions:

could i get into troubles by marrying allthough i'm here with a tourist visa?

could i or should i file for the papers alltough we are leaving for london in may?

can we retourn to the states whenever we want to and then file for the papers or do we have to apply previously for whatever visa for me?

i hope, that all wasn't too confusing and i want to thank everybody in advance for the help

[Killer_Clown_2009 0]

You can get married on your tourist visa, that would be fine, as long as your intent was not to immigrate when you came to the US.

Couple of issues. Once married, you probably won't be admitted back into the US until your spouse has filed a petition on your behalf and you've gone through certain processes.

You wouldn't have time to adjust your status from within the US between December and May, so you are better of going about it a different way.

Someone else will have to go over the options you may have, cause i am not up on them all, but you can go check out the Guide section: http://www.visajourney.com/forums/index.ph...amp;page=guides

to get a better idea.

Be sure to not overstay your tourist visa or work within the US (I am not sure if you are even allowed to do online work, if you are physically doing it in the US).

[Peikko 1,575]

I would imagine that so long as you intended to marry and then immigrate at the time you applied for and received your tourist visa, you have to leave after marriage and use another option.

I am not sure about how long you can stay once you are married but if the tourist visa allows you to stay until May and you then leave the USA that might be ok.

If you can prove you didn't intend to marry and immigrate at the time you gained your tourist visa you can apply for AOS once married, but you can't leave the US until this process is complete (unlesss with Advanced Parole which is time limited) and as your GC will be conditional, if you spend too long outside of the US during the 2 year 'probation' period as I understand it, this can be deemed abandoned and you would have to apply again for the 1-130.

Having left the USA to spend time in London, if you wish to return to the US to live as apposed to visit, you will have to apply to immigrate from outside of the USA. Since you will be married at that time, it may be possible to apply for Direct Consular Filing in London or your husband will have to file the 1-130 for IR-1/CR-1. Once you recieve your NOA 1 for that he can apply for the K3 visa, which may or may not be quicker than waiting on the full 1-130 process.

At least, that is my understanding. There are others that may know a lot more.

Good luck

Edited November 26, 2006 by Purple_Hibiscus

[sophyie 0]

Couple of issues. Once married, you probably won't be admitted back into the US until your spouse has filed a petition on your behalf and you've gone through certain processes.

I think there shouldn't be a problem if you live with your (USC-) spouse abroad and the two of you go to the US to visit.

I know quite a number of couples who live together in Europe and frequently go back to see the USCs family without ever having been denied entry.

What they all do though is to go through immigration at the airport together- in the "visitor" line to avoid confusion.

[pucklechurch 0]

'can we return to the states whenever we want to'

You can leave the USA after your marriage and return to the USA on another visa waiver as long as you intend to leave again within 90 days. They may question you again at your port of entry so you'll have to prove you have no intention to emigrate and that you (and your American husband) are living and working in the UK. Don't cause further interogation and more problems by mentioning your marriage to a US citizen, ONLY reveal it if they ask you, which they probably won't as you'll come in through a different line. As you are living in London you are only in the US as a tourist.

However if you are moving back to the US to live and adjust status then it will be a different scenario, better to browse through the guides listed above and see which route best suits you.

[Peikko 1,575]

What they can't do is return from London married and apply to adjust status. Certainly she can visit, but not become a resident and from the OP's post I get the feeling that the end aim is for her to gain resident status and some point in the future after the job has ended in London.

Of course, I could well be wrong...

[Killer_Clown_2009 0]

They can't return to the States with the intent for her to immigrate and live there if she is on a tourist visa. They can return to visit even if married (and yes they do sometimes let married non residents enter with 9or without) their US spouse for the purpose of visiting). A lot of times though, they won't, usually if she can't show proof of strong ties to her native country.

She is fine marrying on her tourist visa, there is obvious no intent to use it as a way to immigrate to the US as she clearly stated she plans to leave the US in May.

Edited November 26, 2006 by jane2005

[pucklechurch 0]

What they can't do is return from London married and apply to adjust status.

Actually, they can. A US citizen can return to the US with a non-US spouse. The non-US spouse fills in an I 94W visa waiver. The non-US spouse intends to depart the country within 90 days. During that time circumstances change for whatever reason eg the US citizen got a new job, won the lottery, inherited a fortune, became seriously ill, (or all four!!) then the married couple can adjust status as the I 94W allows this for immediate relatives, ie married couples. This is wholly based on non-immigrant intent when they first crossed the border.

[ridley 0]

It doesn't make sense to adjust status under the circumstances anyway, as they're planning to live abroad. (The catch is that May is probably more than 6 months away from the date of the tourist visa, so she might accrue an overstay.)

[cinamon_at 0]

thank u all so much for your help!!!! this forum is wonderful and you people are GREAT!!!!