11-07-2002, 02:09 PM
11-07-2002, 02:35 PM
What they have told you is wrong (the INS "Helpline" is notorious for giving out the wrong information, btw). You would be entering the US on a visa waiver with immigrant intent, which is illegal. As the spouse of a US citizen, it would be very hard for you to prove that you did not have immigrant intent, especially when it's true. Worse would be to lie to an immigration inspector about your status and intent. It's possible to pull it off, though, if you don't happen to get questioned on arrival in the US (eg. Welcome to the USA; what is the purpose of your visit?; how long do you plan to stay?)
If you decide to take the risk, the length of time it takes to get an Employment Authorization Document and green card depends on the procedures of the local INS office that you would be dealing with. Experiences vary dramatically between offices. You can check out the procedures for your offices in the "field offices" section of http://www.ins.gov and you can find out the current timeframes at http://www.shusterman.com
If your wife is with you in the UK, it takes about 3 months for you to get an immigrant visa. If she is in the US, it takes about a year. She can move to the UK almost instantly.
If you decide to take the risk, the length of time it takes to get an Employment Authorization Document and green card depends on the procedures of the local INS office that you would be dealing with. Experiences vary dramatically between offices. You can check out the procedures for your offices in the "field offices" section of http://www.ins.gov and you can find out the current timeframes at http://www.shusterman.com
If your wife is with you in the UK, it takes about 3 months for you to get an immigrant visa. If she is in the US, it takes about a year. She can move to the UK almost instantly.
11-08-2002, 06:08 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-08 0948 ]</font>
11-08-2002, 07:13 AM
It doesn't say that you are eligible if you have lied to an INS officer. This is the key point.
If you can make a clean entry (basically, they ask no questions you tell no lies), then you will be able to adjust status. If, however, you are asked anything about your intentions - if you tell the truth, they will send you back on the next plane, and if you lie, it may well come back to haunt you at AOS time (leading to a possible ban from the US from 3 years and up).
When you get to your AOS interview, you can expect to be questioned very closely about the circumstances of your arrival in the US. It will be very obvious that you married before entering the US and it will be concluded that you had immigrant intent on the day (the burden of proof is on you to show otherwise), especially if you file AOS paperwork shortly after arriving. It will then come down to what the immigration officer said to you and your replies. And they do keep a record of these.
If you advertise your immigrant intent (eg lack of return air ticket), then your chances of being questioned increase dramatically.
If you can make a clean entry (basically, they ask no questions you tell no lies), then you will be able to adjust status. If, however, you are asked anything about your intentions - if you tell the truth, they will send you back on the next plane, and if you lie, it may well come back to haunt you at AOS time (leading to a possible ban from the US from 3 years and up).
When you get to your AOS interview, you can expect to be questioned very closely about the circumstances of your arrival in the US. It will be very obvious that you married before entering the US and it will be concluded that you had immigrant intent on the day (the burden of proof is on you to show otherwise), especially if you file AOS paperwork shortly after arriving. It will then come down to what the immigration officer said to you and your replies. And they do keep a record of these.
If you advertise your immigrant intent (eg lack of return air ticket), then your chances of being questioned increase dramatically.
11-08-2002, 08:35 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-08 0948 ]</font>
11-08-2002, 08:40 AM
Ah, the joys of wanting to live in a country that you are not a citizen of!
Caveat Emptor
Caveat Emptor
11-08-2002, 09:11 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-08 0949 ]</font>
11-08-2002, 09:19 AM
I don't see how any of those categories listed on that page refer to your circumstances.
Again, the key thing is getting into the US without having to lie to the INS officer. If you pull this off, then it is perfectly possible to adjust status, as lack of visa is forgiven for spouses of US citizens.
Again, the key thing is getting into the US without having to lie to the INS officer. If you pull this off, then it is perfectly possible to adjust status, as lack of visa is forgiven for spouses of US citizens.
11-08-2002, 09:38 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-08 0949 ]</font>
<font size=-1>[ This Message was edited by luked on 2002-11-08 1131 ]</font>
11-08-2002, 12:55 PM
Why is there no text in Luked's messages?
Didn't he like what you had to say, Americscot? roll
Didn't he like what you had to say, Americscot? roll
11-08-2002, 01:06 PM
Think it was a typo, Dawn. He meant to say "Lurked" lol
Debs x smile
Debs x smile
11-08-2002, 01:21 PM
Oooo arrr, must have been all those naughty words he was using to describe our revered public servants.
Actually, I think he probably said more than he should have in a public forum. Perhaps McZee could delete the entire thread?
<font size=-1>[ This Message was edited by Ameriscot on 2002-11-08 1329 ]</font>
Actually, I think he probably said more than he should have in a public forum. Perhaps McZee could delete the entire thread?
<font size=-1>[ This Message was edited by Ameriscot on 2002-11-08 1329 ]</font>
11-09-2002, 05:21 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-09 1247 ]</font>
11-09-2002, 05:23 AM
<font size=-1>[ This Message was edited by Luked on 2002-11-09 1247 ]</font>
11-09-2002, 06:51 AM
Quote:
On 2002-11-09 05:21, Luked wrote:
I think ameriscot has someones perpetual foot up her ass, why else is she so high and mighty!!
I think ameriscot has someones perpetual foot up her ass, why else is she so high and mighty!!
Nice. So, you accuse me of being resentful in one post, and you I am "so high and mighty". Which one is it then, as they seem to be two attributes which are rather mutually exclusive. :???:
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