DCF abroad or AOS here in USA?

[Transborderwife 4,666]

Ok then your only choice is cr1. No AOS as it would be fraud.

[Pheebs1201 269]

Only choice is CR-1 as mentioned above.

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

[Dogs32 2]

Ok then your only choice is cr1. No AOS as it would be fraud.

Thx for your answer...

this is where I get confused..lol

as I was planning to go back after xmas....but was wondering if I could legally stay as I never intended to stay here..But my wife as got so down about leaving...

but if I have to I will do the CR1

[Boiler 46,027]

no sorry....

married 2011 USA.....seperated to go home to uk....

back in 2012 usa....then back together to uk for 6months...

then to ireland together and now here..

sorry long complicated journey

but NO...entire marriage hasnt been here..

immigration at POA have surprisingly always been nice to me or us together going backwards and fourth...

thx for ALL replies.....you know how stressfull this game is

Thye only thing that matters is that you entered legally.

Which you obviously did.

Sounds like you have no pressing need to go back. Main complicating factor could be access to documents you need.

Plenty of information here on the process.

Edited December 10, 2014 by Boiler

[Dogs32 2]

Boiler sorry to be a pain..your opinion is I could stay then as I entered legally and in good faith..

If we intended to stay here I would of done it back in 2011

but my or our circumstances have changed considerably

Edited December 10, 2014 by Dogs32

[Pheebs1201 269]

Info on adjusting from a tourist visa can be found here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[Dogs32 2]

Info on adjusting from a tourist visa can be found here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

thx Pheebe,

If I can stay I will....had enough of this stressful journey...If I can get the chance to settle finally I will here

just get paranoid of the stories of being banned or turned away ect ect...

Im sure you all have gone through it

Edited December 10, 2014 by Dogs32

[asisflyer 47]

OP - Be advised there are comments made here that are just WRONG.

Married Expats sometime have circumstances that change their lives while they visit at Tourists.... it happens....

You came as a tourist and a few months later, lost your job. lost your house. etc. Is that right?

It comes down to Your Intent , When it Changed , When You Said at Entry, What you said at visa interview (if any - expect your VWP though), and how long you've waited on VWP

and if your VWP, where you are filing in the event that you have overstayed the 90 (based on precedent effecting certain regions only)

Get a consult with a qualified attorney to help you relax. Then contemplate if you want to self file.

[Dogs32 2]

OP - Be advised there are comments made here that are just WRONG.

Married Expats sometime have circumstances that change their lives while they visit at Tourists.... it happens....

You came as a tourist and a few months later, lost your job. lost your house. etc. Is that right?

It comes down to Your Intent , When it Changed , When You Said at Entry, What you said at visa interview (if any - expect your VWP though), and how long you've waited on VWP

and if your VWP, where you are filing in the event that you have overstayed the 90 (based on precedent effecting certain regions only)

Get a consult with a qualified attorney to help you relax. Then contemplate if you want to self file.

thx..

yes lost house and job....a year ago.

all to do with wrong decisions of trying to live in Ireland.

I think for peace of mind I will see a lawyer....hopefully I can stay....and we can settle down..i pray

[Boiler 46,027]

Boiler sorry to be a pain..your opinion is I could stay then as I entered legally and in good faith..

If we intended to stay here I would of done it back in 2011

but my or our circumstances have changed considerably

Good faith is no longer relevant, you are here.

Very common option, less so on VJ but still common enough to have its own section.

[Dogs32 2]

thx everyone...appreciate your time truly

thank god for this forum...

its a shame we have put ourselves through so much hell in wrong decisions..

what ever way we decide i will give you all a up date

Thank fully after doing the sums we are financially still ok just about for USA...If we get this under way soon

cheers Boiler I will....

Edited December 10, 2014 by Dogs32

[Boiler 46,027]

Do read the Guides, maybe a couple of times, so you know what is needed.

[asisflyer 47]

Suggest you read the FAM on Immigrant Intent. Re: 30/60 day rule which while may not officially apply, is often used as a determining factor (whether required or not)

[Dogs32 2]

30/60 day rule

hopefully that doesnt alter due to the fact I married here in 2011..But on this visit I arrived on November 18th and havent tried AOS

[asisflyer 47]

Tourist does not restrict from marrying and then leaving the US.....

Expat USC with foreign fiancé who have B2 or VWP occasionally fly in for a Vegas wedding or sometimes just travel and its a spontaneous thing. Many then go back overseas to their homes just like 2 alien tourists do all day long.

There are over 7,000,000 Expat Americans now... and many visit their families stateside and many of their alien spouses visit...... .

Get a legal consult and give all the details. Then get another cheap consult. Canvass opinion. It will help you feel more certain.

Ironically in countries with local/regional International USCIS offices or DCF capability: Expats with Greater than 6 months on a qualifying non-tourist visa type can often get DCF/Intl USCIS processing direct to Cr1/Ir1 in about 3 months..

I was looking at this last week and saw plenty of examples of 3 months end-to-end. London USCIS filers seemed a little bit longer. AOS takes longer and may increase your stress level.