In a twiddle! Need help and advice.

[aussiewench 9]

Does anyone have any good links on reasons for deportation on a VWP? What would be the reasons that someone would get deported on a VWP? What i understand from the description of the VWP, is that you actually waive your rights to appeal deportation. Is this correct?

Correct.

The reasons are the same as any other, the difference as you say, is that there is no right to appeal. Have a search around the USCIS site.

I agree with meauxna on making an appointment with a good immigration attorney so you can lay it all out and be guided by that.......I also agree in the most part with JayJay except as in what meauxnu replied......each case is different.

A snippet of interest. This is from the US Embassy Sydney site but is relevent across the board.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

Also have a read here http://uscis.gov/graphics/howdoi/LPReligibility.htm

Wishing you all the best

Lorelle

[raphael7546 0]

If Applying for a K-1 you'll need to go back to the UK for the Medical & Interview. I don't see a problem with waiting out the time for your NOA1 & NOA2 in the states with your fiancee. Did you read what happened to me in my profile? Its not the norm but it does and can happen.

[TracyTN 237]

I still don't understand why you can't leave, file for the visa, and have her come visit you in the UK while you wait (which generally isn't THAT long of a time). *shrug* But, it seems like you've made up your mind to marry on VWP and adjust so I hope it all works out for you.

[meddykomp 0]

I think that getting married during this visit and adjusting status might be a good option for you. As JayJay has indicated this can be done if it wasn't your intention when you first came to the US, which from the sounds of it, it isn't. However, as Meauxna has said, none of us here have all the information about your case and we are not qualified to give you legal advice. That said, I would highly recommend that you get professional assistance right away to see if this is an option for you. You need to weigh all your options carefully because some things cannot be undone to change methods. Other times you can change methods. I do know that were I in your postion I would try for the AOS if I could because that allows you to not be apart.

One thing to think about is how you answer the question: Why are you choosing to do this now?

The reason you need to consider that is that I am sure that along the way someone will ask that if you choose to do the AOS.

Good Luck,

Angel

[Martin + Amie 0]

I think there is a misunderstanding. I am not keen on getting married and staying on my VWP, If anything I think i am heading for the K-1 route. It seems more sensible considering i have been stopped by immigration at LAX 5 times and interrogated. If my circumstances were different, and say i had only stayed in the states for a few weeks in the year, i would definately take the AOS option.

Thanks for all your advice guys,

Ur Brill, all of you!:-)

[raphael7546 0]

All the best with whatever option you choose !!! May you have a speedy process !

Lily

[gag54611 1]

Martin,

You made a reference to DCF not being for you. I agree on that point, since your US Citizen fiancee would have to be a legal resident of the UK for 2 years to be eligible to file for DCF. That incurs a 2-year minimum wait from her arrival in the UK before the 2 of you could live in the USA.

You could marry in the USA while you are here, file for a K-3, and then you could leave before your VWP expires.

Or you can file for the K-1 now, stay the VWP term, return to the UK to get your documents together, get your police report, take the medical, and have the interview. After a successful interview, you could then come back here and get married.

My fiancee got through her K-1 process from initial application to visa approval in just over 3 months. We were lucky I would say. According to the VJ timeline statistics for London, the average K-1 duration is 5.5 months from initial filing to visa approval. But it is closer to 6.5 months for California applicants, which your fiancee is since she lives in LA.

I would look at it this way. Whether you file for a K-1 or a K-3 seems to make little difference, according to the VJ statistics. My suggestion would be K-1 simply because your fiancee can get the paperwork submitted tomorrow (to file K-3 you first need to get married, and that takes a bit of arranging, which equals time)!! Then you can stay here for another 2 months or so before returning to the UK. Once you get back there, you'll only have about 3 or 4 months apart before you can get back here. You will need time in the UK anyway to get your paperwork together. Perhaps your fiancee can visit the UK during that time.

Just my 2c.

Hope it works out for you.

G

[Martin + Amie 0]

Thanks for the input,

That is exactly what Im going to do. I will file the K-1 asap and help my gf do that while im here, i willl leave just before my VWP is up and wait the remainder in the UK, where she can either come visit or stay for a while.

Cheers

Martin

PS: I will let you all know how it goes, you guys have been the best, i feel more informed than ever now:-)

[miranda 0]

Martin,

It looks like your CBP record may be marked now, so additional visits in the near future may well result in you being refused entry and returned to the UK.

If you decide to stay here and get married and then try to adjust status, you might find yourself in a jam, because you'll have a hard job convincing an AOS interviewer that your decision to marry was spontaneous (you've spent a lot of time here and given up your job, hence you have no real ties to the UK).

I think your best option would be to put all the papers together for a K-1 fiance visa, send them off to the service center and then return to the UK and wait out the process. From your original post, I'm assuming that you are still in LA.

As you can see from my signature, the processing time from start to finish through London is about 4 to 6 months. This is not a long time to wait, and it ensures that you do things the right way and avoid any bans. Whatever else you do, don't overstay your current visa!!

Perhaps your fiancee could visit you in the UK while you wait out the process.

Best of luck,

G

Actually, it is taking a little longer than that now, especially going through the CSC or TSC. I would say that your wait will be closer to the 6 month timeline, total.

[Fandango 1,439]

Is there a reason why your gf/fiancee cannot wait it out with you in the UK?

[Lizzy 0]

Hi,

I too am a UK citizen, i came into USA for 3 months went home for 2 months and then came back, with no trouble at all. But i've only done this 2 times! and was told not to do it again, so im waiting to get the visa now.

I took the K1 route, we filed for the K1 and it took 6 months to get the NOA2 alone, we are just at the London Embassy now.

What i'm trying to say is DO NOT relay on the K1 being fast, yes it depends on which service centre you go through, Vancouver being the fastest, California, quite slow. You have security checks at ALL levels, you and your fiancee for that matter. If that happens your petition goes to Washington for further checks (like mine did) and as i keep saying, its been 7 months and we just got to Embassy. (yes i'm still a bit miffed about it, lol)

Just remember you WILL have to spend some time away from your girl if you go the K1 or K3 route.

Its been 7 months now for us and we still have a way to go. (security checks come alone for unknown reasons sometimes, like ours)

I suggest, you file for the K1 or K3, stay for the next 2 months (or however long you have left on VWP) file for K1 or K3 and then after your time here is up, go home to Good Old England and wait it out, she can come see you or you can go on holidays together.

Hope my little piece of advice helps.

Edited March 30, 2006 by Lizzy

[Vagina Journey 0]

Wait....your timeline says you have already filed for the k1...?

[TracyTN 237]

This is an older-ish thread by the OP. He already decided to go ahead with the K1.

[Vagina Journey 0]

This is an older-ish thread by the OP. He already decided to go ahead with the K1.

Ahh ok!! now i feel stupid

[TracyTN 237]

No worries. He started a few topics about the exact same thing, so its hard to keep up!