My fiance and I plan to marry, but ESTA problems?

[FutureMrs 1]

The wedding is planned for September 30. His ticket is bought. But, he is on an ESTA. Well, we watched a video from a lawyer that our friend used for him and his wife during their journey They went through the fiance visa, though, not spousal.

We realize Martin has to say that his intentions about coming to America on his ESTA visa is that he is coming to visit his fiancé, his friends, and then go back on October 10 to England. We know the documentation he needs: the ticket back for the 10th, his slip from his employer saying what day he is expected back to work, the day before he leaves England of his bank statement, etc. But, how often do the border patrol agents tell folks they can't come in on the ESTA visa said to get married and make them go back and not even come into America?

Also, since we are probably going to get a lawyer (I have a joint sponso and want all my ducks in a row), does anyone have any ideas of which lawyer to use? And your stories about what lawyer you used / are using and how he/she helped?

[Darnell 8,478]

there is a fine line between

--coming to usa, get married, returning to home country

versus

--coming to usa, get married, and staying

it's a lot of the same words, but people get tripped up on the last bit, thinking it's all the same problem.

But to your question on what happens at the border - the CBP goon is supposed to let him in, given all the truthiness of the situation, but be prepared to show those strong ties back to the UK.

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is primarily about VWP entry procedures and not the US spousal visa process.***

**Moderator hat off**

CBP has complete discretion on whether or not to allow entry. While their questions must be answered truthfully, there is no requirement or necessity to volunteer information that is not asked for. Carry the evidence of ties so it is there in case it is needed.

If you or the intending immigrant have no major issues that would create red flags which would hinder approval of the petition or visa, then all a lawyer will do is fill out the forms for you. You still have to do all the busy work and gather the needed documentation to send to the lawyer. Furthermore, sometimes lawyers don't always do it right leading to unnecessary confusion and delay in the process that maybe would not have otherwise occurred.

Ultimately, the decision on whether or not you decide to retain a lawyer can only be made by you.

[FutureMrs 1]

Thanks for all of this information.

Because I feel this is (or may be) a weird case, we were going to go with an attorney. Can I get your thoughts on this?

I am disabled, yet I am still awaiting SSDI. I am, for the most part, bedridden. About 75% of every day is in bed.

Because the judge is a hard judge, even though I have MANY doctors who have filled out narratives for the judge saying no way can I work, the judge STILL is denying me. Honestly, it's criminal, in our and many people's opinions. I have zero income because of this. The state if Missouri considers me disabled and I have a full time state run caregiver to make my food, grocery shop, even help me to the bathroom if needed.

Well, that's all fine and dandy, and I am ever grateful I finally got the STATE to agree I am disabled, however, FEDERAL is a whole 'nother ball of wax.

Two separate entities. State disabled allows for:

*** Full time caregiver

*** Medicaid

*** Food Stamps

*** No monies because they ship me off to Federal, so that leaves a person like me who worked VERY hard at work for years nearly homeless

Furthermore, the Disability, Federal SSDI, lawyer said a few weeks ago that the judge is STILL not satisfied even after all the doctors, 2 State doctors, that I am State Disabled, and was even put through a hearing with the judge for 59 minutes of questioning, that even though we have gone through the entire process and all the way to hearing, the judge wants ANOTHER hearing where he questions the latest doctorn. This is like unheard of. I know because usually was on SSDI for 10 years, so I know the process well. Okay, lawyer says it may take ANOTHER year for the next hearing. *you practically have to be in your coffin to get SSDI nowadays*

So here goes.... since this is all happening, I have no viable income anymore. None. Zero. Zip.

I have to have a joint sponsor.

Okay, but... Will they frown on my submission for my husband to come over (when I file in October) because I receive food stamps, have no income, am I'll, and still awaiting the judge to approve my SSDI case?

Again, I do NOT receive welfare money because the State considers me disabled. I don't qualify for welfare money (I think that's what it's called), but I do get food stamps so at least I'm not starving. Yeah for not starving lol

(No, I do not have family to help if that is going to be a question... I have had to live off the generosity if friends to keep me from homelessness while we await SSDI)

Will my receiving State aid hinder my filing for my husband once we are married?

[FutureMrs 1]

Forgive typos. I type with my voice for the most part and forget to edit LOL

[Penguin_ie 5,994]

Since you have a well qualified co-sponsor, I don't think it will be a major issue that you have no income/ only SSI.

They may have some question for him at interview to make sure you two have a bonafide relationship and he is not coming over (solely) to be your caregiver.

[Boiler 45,579]

I think this is the one where they have yet to meet.

[FutureMrs 1]

No. We met LOL... we are engaged.

No, I do not receive SSI. No income, remember?

I have a photo album started a couple weeks ago on here showing us together.

Photos.... we have about 70 photos of us, but here are a few...

http://www.visajourney.com/gallery/thumbnails.php?album=lastupby&uid=206807