Can anyone awnser this question? My wife and I married in August last year. We moved to Newcastle England right after we married then moved back to Denver, Colorado in January this year (shes American Im British). Anyway we flew into Denver Airport and the guy at the immigration said 'ohh you can't enter America and plan to stay and work here on a Vistors Visa, you will have to go back to England and apply for a work visa, wait for it and then come back. As you can't come into America on a tourist Visa and then change to a Work Visa.!' As I have a Visitors visa from a previous visit. ???
So we have applied for my work visa and are living here in Colorado untill we hear back from them, will I be turned down and have to return to the UK to get a work visa?
Is this True?
Cheers
Neil
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<font size=-1>[ This Message was edited by midgeure on 2002-05-01 1749 ]</font>
<font size=-1>[ This Message was edited by midgeure on 2002-05-01 1810 ]</font>
Technically yes that is true.
From my own personal experience, allowances have been made in the past. I'm not so sure it will be possible post 9/11 - the word is they are tightening up in a lot of different areas.
Assume they let you in the country though from your post? Suggest you have a session with an immigration attorney - they aren't cheap but it's worth it.
I came into the US on a visitor visa and applied to adjust status after marrying my America wife and l never had any problems.As for hiring an attorney,my personal opinion is,don't bother,there's nothing difficult about filling in and filing INS forms,it's pretty straight forward to adjust status.I can understand people using attorneys if they don't speak English very well or the situation is complicated,but otherwise l never found any need to hire an attorney. Good luck !
My response "it just depends". The INS officers have a certain amount of discretion. INS might grant a change of status (in your case from visitors status and process you for an I-551 and issue you with a provisional green card or they might (most probably would) tell you to apply for a work visa or green card back in the UK.
I married an American while living in the UK (while doing a post-doc at Bath University). After being married for a year or so, my wife (now ex-wife) got homesick and so we planned to move back to her home state (IL). I applied straight off for a green card (well, a two year conditional green card), but got that I-551 stamp put into my passport once I handed in a stack of paper work at Newark Airport, did the medical and interview at the U.S. Embassy in London).
What I am trying to say is, it is far far far better to plan to move to the USA with your American spouse by first doing the paper work in the UK BEFORE YOU LEAVE for the USA. That way, you can relax, work at your UK job, enjoy married life, and once the processing is done at the US Embassy in London (they call you to an interview, ask some questions, you pay a fee (in cash, the fee when I did it was $200) and you have a medical the same day (all arranged by the Embassy people, but I think the medical cost an additional amount of money, $64 but is almost certainly more now; I did this all back in '95). I had ZIP problems with the INS on arrival, got the I-551 stamp and the conditional 2 year green card arrived in the post about 2 months later, I traded that up for a 10 year green card, but after living in the USA for five years applied for citizenship (in August '01) and got citizenship in May '02.
I never had any problems, but as a part time law student (and finally as an attorney) I was acutely aware that Congress can change the laws, and post 9-11 this feeling got worse (I was glad that my application was in before 9-11, I did wonder if 9-11 would preempt a gold rush for citizenship among 10 year green card holders worried that Congress might mess with the laws (and green card holder "rights")).
Imho, it is unlikely that Congress will mess too much with the "rights" of Green Card holders, but as we all know, legislators have the power to do just that. But once one becomes a U.S. citizen the worries associated with living in the USA without citizenship go away in a flash. It's also a good feeling to be a citizen of such a wonderful country. I'm a proud American now!
You should be able to file for a green card and adjust status, if as it appears, the immigration officer let you in...
technically, if you attend to obtain a green card once in the US you are not eligible to enter on a tourist visa...
now that you are here that should not be a problem though...
you perhaps should have obtained the green card in london before hand or obtianed a K visa as a spouse of a US citizen who intends to apply once arrived
If you are married to an American citizen, you should be able to apply for your EAD and greencard while in the US and still on your travel visa.
I came out on a Visitor's visa, got married and applied for my EAD and greencard. In the interim, I was able to work until my EAD came through and got paid retroactively once I got my work authorization. It's a pain in the ass but means you don't have to go home. Until my greencard comes through, I can say that my legal status is Applicant for Permanent Resident. I haven't come across any problems.
I would say that the help of an attorney is useful - just so you know that everything is filed correctly. Having said that, mine have been a bit crap. My papers were sent to me to sign with mistakes all over them and because of the delay in correcting them, I was unable to travel home b/c my travel document was not ready on time. Just make sure you get yourself a good lawyer who can spell!!