In a twiddle! Need help and advice.

[girl 37 7]

I too was interrogated on several occasions, probably because I visited so often and didn't have a job because I'd just graduated from University and didn't want to jump into a serious job when I wasn't sure where my personal life was headed. I put an end to that problem by accepting two major research contracts. After that I breezed through Immigration without any problems. We ultimately decided to get married in Canada and do the K3 because I wanted to get married at home, surrounded by family & friends.

[Jaylen Brit 0]

Not to speak on JayJay's behalf, tho she'll tell you herself, but when she and her hun got wed she'd entered the country with NO intention of getting married on either of their parts - it was a completely spur of the moment thing - I think driven by his fears after the 7/7 tube bombings.

There's a forum here concerning DCF here you can look at - think thats for if you're already married - its not an urban legend tho

4-6 for k1 - can happen - just don't PLAN on it happening - delays can be caused a t every stage - don't want to depress you - but all info is good, helps you decide

[Martin + Amie 0]

That is exactly my problem:-( Financially I can manage to fly over to the states, support myself and fly back home without any problems for the rest of my life. Im a programmer, and I dont want a full time job, i had one while i was apart from my girlfriend for a year and it caused problems.

I already spent a year apart from her, and it was the hardest thing i had to do in my life. I have been coming to the US so frequently over the past few years and have spent loads of time with her, we have rekindled what we lost while we were apart, and now there is the possibility of being apart for another 6-9 months?

This is dreadful, i guess it acts as a natural filter as to whether you can sustain a relationship through the waiting period.

Any advice or suggestions from people in similar circumstances is GREATLY appreciated.

[raphael7546 0]

Correct me if I am wrong but I believe you can adjust from the VWP to a permanent resident via AOS. The problem is, did you intend to get married prior to entering the US... (you will need to prove this if the adjudicating officer asks). Many people come to the US as a visitor and they spontaneously get married. But it all depends on intent, because if you wanted to get married on the VWP prior to entering the US that can be seen as visa fraud. I think I've seen other UK citizens do it the AOS way. You might want to try searching the forums.

edit. JayJay appears to have done it this way. Try contacting her.

We have been looking to get married 3 months after we met, which is now 2 years ago. We have all of the confirmations for our flight tickets, we have even taken holidays together. The evidence is plentiful. My question is, I am looking for the most peaceful way of getting through this - do you think ajusting my status on a VWP is a bit risky? I was hassled so bad my last trip i dont want to jeopordize my chances. Another question I have is this..... Since i have never overstayed my welcome and have always returned back before the 90 days, can they ban me from the US, even though I have complied with the rules?

Yes they can still ban you. I played by the rules the whole time. I was denied entry and was told to get a k-1 and not to try to enter the states again until I had the k-1 in hand.

it really is the safest way. BTW, my fiance & I were separated for 2 yrs. he was in the Military and couldnt visit me and since I was previously denied I wasn't about to even try to go to the US without that visa. They said I could be banned for 10 yrs. ( you can read my whole experience by clicking on my name on the left and scrolling down to "My Story" )

Depending where your fiance lives and what immigration service center she has to apply thru it really isn't that long to wait. Goodluck.

[meauxna 15]

How long would you say I should stay? A month, two months?

I read something somewhere about a method whereby you can slightly expedite the process? I think it is called direct consular filling, can anyone tell me about this? I am not to sure, but i think it mean manually submitting the documents to your nearest branch. Is this an urban legend?

Thanks

Martin

DCF is not an urban legand; I did it.

Your USC must be resident in the UK for 2 years before she can file locally.

Immigrating to the UK is a one-day process (from the US).

Martin:

Where are you NOW? US or UK?

If US: go see an immigration attorney and explain your story and ALL your history.

Start considering what you *really* mean. When you say you want to get married asap, is that so? Do you need to work from your first day in the US? What about for the first 6 months?

How do you feel about being married and living in 2 countries? Would you rather be apart as singles, or marrieds?

Please, read thru the Guides (see the comparison chart, which includes DCF). think about the plusses and minuses of each route.. different visas suit different people differently.

[Martin + Amie 0]

Thanks for the advice, you are all very helpful. I appreciate all of your input.

I guess the main advantage is this! We have no quarms about where we live, UK or USA, we are happy in both countries.

I have heard that it takes no time at all to enter the UK for a US person. Would anyone recommend, maybe my girlfriend filing for a visa in the UK instead if its quicker, then we could get married in the UK and apply for my US visa from the UK? Is that possible, since it is a "1 day process"?

Is this a viable solution so that we can stay together?

Your feedback is much appreciated!

PS: I am currently in the united states, we are contemplating what the hell we are going to do.

[meauxna 15]

If you are in the US and are prepared to not travel for up to 6 months, you should *really* meet with an attorney *in private* and discuss your options. Trust me, it will be the best couple of hundred dollars you spend in this process.

Disclose ALL your travel/immigration history and take your passport and I-94W. Make sure that you have not been barred from adjusting status on this trip.

The one-day US-->UK idea would not be a good one for you unless you both plan to live in the UK.

As you are in the US and want to live in the US, you really should seek some private legal opinion on your options. You may be able to stay on this entry but you will not be allowed to leave and return the same way.

[Martin + Amie 0]

How can I find out whether I have been barred from adjusting my status? How will the attorney know whether i am barred or not? I am willing to do this. So basically it means that I can't travel for 6 months, after this period is over, what will happen, did you go through this yourself?

Thanks for the advice.

Martin

[meauxna 15]

How can I find out whether I have been barred from adjusting my status? How will the attorney know whether i am barred or not? I am willing to do this. So basically it means that I can't travel for 6 months, after this period is over, what will happen, did you go through this yourself?

Thanks for the advice.

Martin

No, I did not use this method myself; it was not appropriate for us as we were both outside of the US at the time, and entering on the VWP with the intention of immigrating is illegal. As I said earlier, we did the DCF-->IV process.

An attorney will interview you to find out if you have any barriers to adjusting status on this visit. They will know if you've been barred by examining your documents and asking you about the questioning you had at the POE. It is very important that you answer him/her accurately and will all the information. In fact, it is not a bad idea for you to sit down and write out everything you remmber about the questions you were asked and what answers you gave at the POE. The reason it is important is if your AOS is denied from a VWP entry, you have given up your rights of appeal. You do not want to get sneaky here, you want to be successful.

While you are waiting for your AOS/Adjustment of Status (which is when you become a Permanent Resident/get a Green Card), you can apply for temporary work and travel permission. These documents take awhile to get, so it may be 6 months before you could work (even for yourself) or travel outside of the US. Please review the Guides (above) for the AOS process.

It is important that you clear this with a legal professional beforehand, which none of us here are. While this method *may* be available to you, it is not appropriate for any of us to encourage you to do so until your specific fact situation has been reviewed with a pro.

The good news is that you do not have to go back to the UK and be separated for 6-9 months. There are downsides, like the travel and work restrictions, and depending on your city, how long it takes to become a PR.

[JayJay 4]

OK - so here's the low down, the nitty gritty, the "thing" you need to know about

You're here. You now want to marry You don't want to go back.

If you did NOT intend to do this when you entered (and boy, did they get enough of a chance to interrogate you when you came!), you are good to go. Even IF you came with the intent to get married and stay, you could go this route - not many border-crossers with intent REALLY get to your stage though, 'specially not if they've had the wits interrogated out of them, like you (and in fact, I, as well).

So cease the panicking. I too, kind Sir, am a fellow Brit and visa-waiver adjuster. Two nice, well known ladies ont his board are also VWP adjustees and have been granted their green cards no problemo, as, like you and I, they also had no intent upon entry and the marriage came afterwards.

Don't feel bad either, for wanting this now - you know, life changes, you have decided to get married, and staying and adjusting status is not only LEGAL, there are GUIDELINES for it set out by USCIS! Amazing huh? Wouldn't think it..would ya *winx*

You're alright - for goodness sakes, don't go channel-hopping now, when there's no need to. If you want to stay, you can indeed stay. And remember, a lot of nay-saying is done by those who don't know anyone at all who's ever been this route, and therefore know nobody who's been denied because of it. Coming in with intent is fraudulent -- however, coming without, is not. Adjusting and staying is not either, so there's nothing to be ashamed of. Ask any person here who is worried that you "might get denied" because of the visa waiver entry to name two people they know of, and know the real story about, who've actually been denied, simply because they've adjusted status in the USA...I don't think they'll be able to...

There have to be very BAD reasons why they deny you if, all you've done is come in on the VWP and then decide to get married. For example you could be a major crim in the UK - they might deny you then! Perhaps you're a bad boy who likes getting into trouble over here - heck, they might deny you then as well! But relax if you're not.

Here's what you need (from what I can remember - this was last year, for us!):

• An I130 petition (your fiancee, then wife will fill this out)
  
• G325a forms (these come in groups of four, and need to be enclosed with the I130 and also, for you, your I485 - you'll be guided by the instructions )
  
• A medical - these can be pricey, but that's the I693, and your USCIS authorised doc will fill that out.
  
• A work authorization - you'll probably want that - that's the I765.
  
• An I485 form (you fill this out - it's your application to adjust, so you petition for yourself, as it were).
  
  
• Photographs (passport size, front facing) for the forms that need it (you'll see in the instrctions)
  
• A sponsor - this will be your wife, if she's working sufficiently - if not, you'll need a co-sponsor, and this can be anyone) - that's your I864.
  
• Photocopies of any evidence they need, including evidence of lawful entry - your expired or unexpired I94 (green slip, front and back) in your passport and photocopies of the picture page of your passport)
  
  
• A photocopy of your birth certificate, your marriage certificate, your wife's birth certificate and any co-sponsor's birth certificate. The "real ones" can wait until the interview - ours have.
  

Obviosuly there's slightly more stuff to include than that - some peeps include a LOT of evidence as well, but with us, we waited until the interview (next week!). Completely up to you. Just make sure you ask a lot of questions about things you're not sure of, follow the instructions carefully and holler if you need help

You will be FINE! Freak me sideways - if I never have to see those immigration officials at the airport again, I'll be blardy happy, 'cus they were so mean to me that they made me cry - and I didn't have a thing to hide! Beh - we actually put in an official complaint about them, as we called their superior, and he said their behaviour had been unproffessional, illegal, and had to apologise!

Anyway I will go eat dinner now - feel free to PM me with q's,adn I'm sure the other VWP peeps will be along shortly

There are a GREAT bunch of people here at VJ - they ALL are so supportive, so DO stick around, whatever you do! Here are some links to get you started:

***removed*** article on AOS and marriage while already in the States

Foreignborn article on AOS and marriage while already in the States

Visa form Terms and Meanings

If you need some more, don't hesitate to let me know

Edited to say: I am only going to encourage you to do as I, and many others have done. Because quite honestly as far as I'm concerne,d this website is here to give advice, and if I can give it, I will do. After all, you don't see many straightforward K-1 people sitting down with a lawyer, having come here. I realise I may get talked down upon or slated for giving this advice, but by gum, my man, I'm gonna give it! And then, if I get chucked out on my ear, sternly, by three immigration officials next week, they can say "I told ya so!" (oops, I might get trodden on for that last comment as well! *giggles and runs away* )

Edited March 21, 2006 by JayJay

[meauxna 15]

Edited to say: I am only going to encourage you to do as I, and many others have done. Because quite honestly as far as I'm concerne,d this website is here to give advice, and if I can give it, I will do. After all, you don't see many straightforward K-1 people sitting down with a lawyer, having come here. I realise I may get talked down upon or slated for giving this advice, but by gum, my man, I'm gonna give it! And then, if I get chucked out on my ear, sternly, by three immigration officials next week, they can say "I told ya so!" (oops, I might get trodden on for that last comment as well! *giggles and runs away* )

Well, I'm not running away, and I am going to point out that you're not in a position to say he'll be fine, or have no problems. He hasn't told us much at all about himself, and there might be very good reasons why he should not just file away. I don't know that you understand the reason to meet with a lawyer to review things, without necessarily hiring a lawyer to file the case. They are 2 separate issues.

Because you share the same citizenship and the same method of entry does not mean that you have the same type of case.

I also stongly encourage others here to not give or take immigration advice in private message or email. It's not a sound practice, as there are no checks and balances built into that method. At least by posting publically, others can correct errors.

Sorry to have to disagree so much JayJay--I'm advocating the same outcome as you are, but disagree with the way you gave it. Yes, odds are you are correct and it's no big deal, but how would you feel if he falls into the percentile for whom it goes badly. We are not in a position to make that determination, especially with the amount of information given.

[Martin + Amie 0]

Hi Guys,

Thanks for the wonderful advice. I appreciate greatly. I have read the comments over and over again. There are so many advantages and disadvantages to each route, and quite honestly I am greatly confused.

I have been in the States for a while now on the VWP, i never overstay my welcome and have always left well before my 90 days hits. My last trip I was interogated for an hour and searched, this was not the first time. The interviewing officer said that my travel patterns suggest that of someone who is living here. Quite rightly so, it does look like im living here. Fortunately i am in a good enough financial situation to be able to travel back and forth. However, it is starting to get bad, i am building up a bad set of records unintentionally. All i want is to see my girlfriend, and I have done for the past 9 months.

The time has come now, where i believe that if i leave the states and try to get back in, I will not be allowed. The immigration officer said that I should cool it off as my travel habbits are irregular.

My girlfriend and I have decided that now is the right time to pursue marriage, and i want to make sure that we are choosing the right root, with minimal emotional heartache.

My feelings are these. I believe that if I leave the states now, I will not be readmitted. I dont know if the immigrations were having a laugh, but I have been told not to mess with them, messing with them is something I wont do. I believe that the K-1 or K-3 visa are the best options for me, but which one is another story. Like I said i am in the states at the moment. I have 85 days till my VWP expires. My feelings towards DCF are that it seems a bit risky. I feel as if my chances of success with it are not to good because of the history i have with the customs at LAX. It seems like a 50 50 run, and i dont think it is a chance i want to take.

My feelings towards the K-1 or K-3 visa are these. We file for the K-1, I wait till my VWP nearly expires, by this time, a lot of the processing time will be gone. (2 months?), if I have to return to the UK for a few months it will be painful but is something that has to be done, but at least if i get declined the visa, i have less chance of loosing my priviliges when visiting the states in the future, as opposed to being banned as a result of a failed AOS petition.

Can I be in the states while my girlfriend petitions for me?

Thanks in advance?

[ladybird216 2]

Can I be in the states while my girlfriend petitions for me?

Yes you can...there is a place on the I-129F where it asks if you are in the US etc.

I was also in the US when we filed and it was so much easier for us to get all the paperwork done together.

I wish you luck with whichever Visa you choose.

Jen

[Martin + Amie 0]

Thanks for the info,

So I can remain in the states whilst he visa is being filed. I was told that I would need to return to the Uk though, when will this be? Presumably when my VWP expires? So I can get to the filing of the visa and then i would have to leave as i am still under a VWP? Is that correct?

[Martin + Amie 0]

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?