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Author: anishanish
Date: Sep 18, 2008 09:35
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Author: anishanish
Date: Sep 18, 2008 09:29
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Author:
Date: Sep 17, 2008 09:00
Hello,
I live in the US and want to marry my partner, who lives in the UK.
If we get married, say in CA...can we live here in FLorida and is it
recognized here?
We have been together over 3 yrs..she has been here several times on the visa
waiver program, but always had to go back...this long distance is killing us
both. We want to be together forever and we don't know how to go about doing
it?
Being gay and a non US citizen seems to be alot of walls we keep hitting.
I don't know where to start? If we do get married, can she stay here
forever?
What do we need for her to stay here, legally and married to me?
I don't want to lose her....I'm scared I might.
Thanks
Angie
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2 Comments |
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Author: LagomorpheusLagomorpheus
Date: Sep 16, 2008 15:46
Option 2 & 3 aren't really options because the tourist-visa is not an
immigrant visa. Your fiance cannot enter the US on it with the intent
to stay in the US permanently and adjust status to PR. Going this
route runs the risk of having her I-485 application denied, and it can
be a lengthy process to appeal a denial (if you are able to do so
successfully).
I am not too sure the differences between option 1 and 4, other than
your personal preference. The waiting times at your particular
processing center might be less for one type of visa or another, and
if you want to marry in Poland, or in the US, that could make a
difference in your decision.
You file the employment documents along with your I-485. I'm not sure
how long it takes for this paperwork to be approved (the Employment
forms). You will have to check the processing times - generally I
think it is around 90 days to 6 months depending on the processing
center.
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Author: Joe Feise (Immigration)Joe Feise (Immigration)
Date: Sep 15, 2008 01:13
> So the question is: She has 90 days on a Visa Waiver. She then has 180
> days before a re-entry ban occurs. It doesn't look likely her
> paperwork will be approved before then (and if it is it will be *very*
> close.)
With a pending I-485, she would be legal past the I-94W expiration date.
> What happens if she triggers a re-entry ban by overstaying? Would the
> properly submitted I-130 be approved anyway? That in essence is my
> question.
The I-130 most likely yes. But that doesn't buy her anything. A pending or
approved immigrant petition, e.g., an I-130, does not give the person any
immigration rights.
However, as spouse of a US citizen, an I-485 can be filed at the same time as
the I-130.
But I agree with the other poster, get a lawyer. Without a lawyer, you risk an
I-485 denial, and then, a lawyer would be more expensive, since he would have to
work around or help fix all the bad things in the application (I have friends
who had that happen.)
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1 Comment |
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Author: neph28neph28
Date: Sep 14, 2008 20:35
On Sep 14, 10:06 pm, squentna nc.rr.com> wrote:> On Sep 14, 7:55 pm, "nep...@ gmail.com" gmail.com> wrote:
>
>
>
>
>>> My wife entered the country on the VWP. She actually declared her
>> intentions to remain at the border - we had to get here very quickly
>> because of a death in the family. The border official just similed and
>> waved us through, really nice. But alas I doubt that does jack for us.
>
>> We are *already* married. We have been married for nearly 3 years. We
>> (there is only both of us, there is no her or I) are going to stay
>> here (assuming we don't get deported or in serious trouble.) She was
>> previously married to a US Citizen, one whom abused her physically
>> among other ways (and it's on police record,) and then killed himself
>> when she left. Real winner. Had she known earlier before I found it
>> she could have sponsored herself (for both reasons IIRC), but it is
>> too late for that now. ...
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Author: neph28neph28
Date: Sep 12, 2008 20:59
Dammit I typed a whole long post and lost it by hitting back by
accident. (Before or instead of reading this long email: If you want
to use the Visa Waiver Program, use ESTA. Put it in a search engine.)
I asked here if it was possible for my wife to enter the United States
on a Visa Waiver even though she had an expired overstay ban. I got a
resounding "NO!" (except for one post that hinted otherwise on the
correct point.) *Yes*, she was able to use the VWP, and that is
because A) She entered on a PAPER visa when she overstayed and B) she
left without any government proceedings brought against her in any way
(she overstayed by a week and left on her own accord, give her a
break, she was married to an abusive spouse for that matter who kept
her misinformed about her visa rights.)
She also had to meet the other VWP requirements. I will list them all
(albeit I am no lawyer and make mistakes like everyone else.) Maybe it
will help someone else. (Check the website yourself for the passport
technological regulations.)
A) Have "complied with the conditions of previous VWP admissions" (she
had never used the VWP before.)
B) Never had any deportation etc. proceedings against them.
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