Adjustment of status or permanent residency?

[Marc0111 0]

Hi all VJ members

I am 37 and from England. I came here a year ago this month to meet a woman i've known on Facebook for 7 years. I came with a return ticket with the intention of going back, but things happen and we got married and couldn't bear to be parted so i stayed. We have seen a few lawyers, all of whom have told us different things and it all got so confusing and stressful for both of us.

We have 3 major problems
1, Money... I keep seeing this RapidVisa website, but i also keep seeing people on this wonderful website saying its a waste of money, so im not sure which course of action would be best.

2, Criminal record.... I'm not perfect and in my youth i was a bit of a jack the lad. I was arrested for petty things like theft and i stole a car, got done for drink driving. However i've been clean for over 10 years and i'm a changed man. The worst offense was i got arrested for pointing a BB gun, yes a plastic BB gun at someone and the police did me for an imitation firearm if you can believe that. One lawyer we saw said i shouldn't even bother applying for citizenship. So im not sure how to go forward from that subject.

3, List of forms....I came here legally and im married to a US citizen , but not sure if i should apply for adjustment of status or permanent residency, or if they even mean the same thing. So im lost on what forms and what i qualify for.

We are really lost here guys. I don't want to be an illegal, but i also don't want to be deported either. Any help would be vastly appreciated regarding my issues.

I have read on this website by other users who have answered that i cant be deported because i have rights being married to a US citizen, and because i came here legally, is this true?

[Merrytooth 5,748]

Hi all VJ members

I am 37 and from England. I came here a year ago this month to meet a woman i've known on Facebook for 7 years. I came with a return ticket with the intention of going back, but things happen and we got married and couldn't bear to be parted so i stayed. We have seen a few lawyers, all of whom have told us different things and it all got so confusing and stressful for both of us.

We have 3 major problems

1, Money... I keep seeing this RapidVisa website, but i also keep seeing people on this wonderful website saying its a waste of money, so im not sure which course of action would be best.

2, Criminal record.... I'm not perfect and in my youth i was a bit of a jack the lad. I was arrested for petty things like theft and i stole a car, got done for drink driving. However i've been clean for over 10 years and i'm a changed man. The worst offense was i got arrested for pointing a BB gun, yes a plastic BB gun at someone and the police did me for an imitation firearm if you can believe that. One lawyer we saw said i shouldn't even bother applying for citizenship. So im not sure how to go forward from that subject.

3, List of forms....I came here legally and im married to a US citizen , but not sure if i should apply for adjustment of status or permanent residency, or if they even mean the same thing. So im lost on what forms and what i qualify for.

We are really lost here guys. I don't want to be an illegal, but i also don't want to be deported either. Any help would be vastly appreciated regarding my issues.

I have read on this website by other users who have answered that i cant be deported because i have rights being married to a US citizen, and because i came here legally, is this true?

You entered US via VWP?

[Marc0111 0]

Yes, im sorry i forgot to mention that. Yes it was a Visa Waiver Program

[RodDetroit 118]

Hi all VJ members

I am 37 and from England. I came here a year ago this month to meet a woman i've known on Facebook for 7 years. I came with a return ticket with the intention of going back, but things happen and we got married and couldn't bear to be parted so i stayed. We have seen a few lawyers, all of whom have told us different things and it all got so confusing and stressful for both of us.

We have 3 major problems

1, Money... I keep seeing this RapidVisa website, but i also keep seeing people on this wonderful website saying its a waste of money, so im not sure which course of action would be best.

2, Criminal record.... I'm not perfect and in my youth i was a bit of a jack the lad. I was arrested for petty things like theft and i stole a car, got done for drink driving. However i've been clean for over 10 years and i'm a changed man. The worst offense was i got arrested for pointing a BB gun, yes a plastic BB gun at someone and the police did me for an imitation firearm if you can believe that. One lawyer we saw said i shouldn't even bother applying for citizenship. So im not sure how to go forward from that subject.

3, List of forms....I came here legally and im married to a US citizen , but not sure if i should apply for adjustment of status or permanent residency, or if they even mean the same thing. So im lost on what forms and what i qualify for.

We are really lost here guys. I don't want to be an illegal, but i also don't want to be deported either. Any help would be vastly appreciated regarding my issues.

I have read on this website by other users who have answered that i cant be deported because i have rights being married to a US citizen, and because i came here legally, is this true?

over staying is not a biggest issues, however you do have a few records and stealing a car is a big deal, dont quote me on this but it might be considered a felony. If you have the time and money i would say go ahead, otherwise it might be easier and faster for your wife to move to the UK with you . can she afford to support you while your case is processing?, the whole paper work is not complicated.

[EM_Vandaveer 2,408]

Yes, im sorry i forgot to mention that. Yes it was a Visa Waiver Program

Possible misrepresentation comes to mind as the ESTA questionnaire includes the question "Have you ever been arrested or convicted for an offence or crime that resulted in serious damage to property, or serious harm to another person or government authority; or ever violated any law related to possessing, using, or distributing illegal drugs?"

And you probably answered NO.

Your case is NOT DIY, because of your criminal record you definitely need a lawyer and your chances are less than stellar. You need all your criminal records fom the UK to begin with.

You most definitely can be deported. Simply being married to a USC does not grant you any right to stay here.

Maybe you should look into what's involved in getting your wife a visa to live in the UK, as you are facing an uphill battle to stay in the US legally due to your record.

Edited August 22, 2016 by EM_Vandaveer

[Marc0111 0]

Actually i answered truthfully on my ESTA questionnaire. I said i had been convicted of a crime. Also ive never hurt anyone or damaged property or arrested for drugs as i don't take any drugs. So this officially sucks then. I'm being judged on my past which never included physical harm to others, property damage, or drugs, instead of being judged for being the man i am in the present and for having a clean record for over 10 years and becoming a changed man? My wife moving to England isn't an option. She owns her own property and if i was sent back i would be homeless as i would have nowhere to live.

[EM_Vandaveer 2,408]

Like I said, you need a lawyer and you need all your police records from the UK.

You may be eligible for a waiver.

It's definitely NOT DIY. It won't be cheap.

You can't just file for AOS and expect that to go through without problems.

Edited August 22, 2016 by EM_Vandaveer

[TBoneTX 45,288]

Yes, get a good lawyer.

[MacUK 983]

I'm sure the owner of the car you stole would disagree that it was petty.

As for the BB gun, you should consider yourself lucky you was only arrested. People have been lawfully shot and killed by the Police (even in the UK) for a lot less than a BB gun.

Firearms offences are not trivial.

Time to lawyer up, you should prepare yourself for a worse-case-scenario of the possibility of either your wife having to live in the UK or you and her being seperated for a time.

Best-case-scenario could be you merely get asked some very serious questions.

The likelihood is somewhere between the two scenarios.

[philip mc 0]

hi i came to the us on a esta 6 years ago and only just filed AOS

i too came on holiday and just got married and stayed , as well as having a criminal record ( you will be surprised how much does not appear on your police record after a few years )

1st of all do not leave the country you will get a ban ,

2nd get your police record from the UK (https://www.acro.police.uk/Police_Certificates_Online.aspx)

once you get it then you have to contact the courts you was charged at to get copies of the hearings and penalties you received.

sounds a lot but its nothing takes about 4 or 5 weeks max,

a lawyer is a good choice you can check out "Christian charities " in your area probably the cheapest root,

as for been deported for been an over stay then that is a possibility as is after you file your AOS but it would take at least 3 years before you was deported and if it was decided you was to be deported then you would revive the right to work ( EAD ) while you was still in the country

best of luck and it will all work out

[Merrytooth 5,748]

hi i came to the us on a esta 6 years ago and only just filed AOS

i too came on holiday and just got married and stayed , as well as having a criminal record ( you will be surprised how much does not appear on your police record after a few years )

1st of all do not leave the country you will get a ban ,

2nd get your police record from the UK (https://www.acro.police.uk/Police_Certificates_Online.aspx)

once you get it then you have to contact the courts you was charged at to get copies of the hearings and penalties you received.

sounds a lot but its nothing takes about 4 or 5 weeks max,

a lawyer is a good choice you can check out "Christian charities " in your area probably the cheapest root,

as for been deported for been an over stay then that is a possibility as is after you file your AOS but it would take at least 3 years before you was deported and if it was decided you was to be deported then you would revive the right to work ( EAD ) while you was still in the country

best of luck and it will all work out

It does not matter if the criminal records appear on your police records or not (Expungement or sealed)

Those arrests, convictions do not go away in immigration world.

One has to declare any criminal record every time from AOS, ROC to US citizenship applications.

[Hypnos 6,576]

Lawyer time.

[Hotstepper 6]

Aaahhh the usual go and live in your own country or a third country even as the answer to all the woes. So simple.

"But if you really loved each other you would move anywhere in the world to be together.... How about the slums of Ecuador"

OP obviously in some angst at how he can stay in the US by taking the legal route and not running and hiding.

It's a harsh reality that transgressions from the past come back to haunt but alas that is the case. Someone on here mentioned convictions from 20+ years ago... It still matters for immigration purposes.

I bet all those years ago you didn't even think you would be looking to move to another country, sorry to say but bring in trouble with the law only brings with it issues... Harder to find work, move abroad etc

Ps AOS is the same as permanent residency and there are guides here to help but as many people have said you need to obtain sound legal advice. Try a couple first if they have an initial free consultation as you will get a sense if how promising it is in your circumstance abd if the advice is consistent.

My only true reservation in your case will be the firearms element as although stealing is serious too I just think the "gun crime" obstacle is a more difficult hurdle to get over.

Good luck though.

[EM_Vandaveer 2,408]

Three different cases/convictions (at least).

Stealing a car, drunk driving, BB gun incident.

Definitely lawyer time.

[Pitaya 2,577]

Welcome to the forum.