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Help,Can Someone Give Advice On Keeping Me And My Wife Together In The US

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  • Help,Can Someone Give Advice On Keeping Me And My Wife Together In The US

    I came over to the Us on Oct 1st,I had some problems coming through immigration so they called me to the side and questioned me as I had just returned from Britain after a few days after leaving the US where I had previously spent 90 days.I said that this time that I was coming to America to marry my fiance which I was and they explained about that I had to apply for a fiance visa which I said I would do,which I did.We applied for the fiance visa so that I could get temporary status,we waited and waited and still heard nothing,the date of our Wedding which we had previously booked months ahead approached.We still heard nothing,we went ahead and married on November 23rd of this year.We then went on our honeymoon to the Bahamas and on our return to the States leaving we had problems with immigration again.Apparantly they told us that because we married it made our application void and that we had to resubmit our application for a fiance visa all over again,this was all unbeknown to us.We waited for an answer and it wasnt our fault they hadnt replied by the time we were getting married.Besides we had to get married in that 90 day period.Anyway,now we are in the dilemma of me only having until December 28 to be allowed to stay in the US with my wife before my 90 days is up and I have to go.It would take too long to resubmit my application again,so we have decided for my wife to apply to move back to Britain with me and live,as its much easier.Although she is a teacher and in a contract with her school until April 2003.She cant leave as she will lose her teaching liscense and be sewed.We dont want to be apart for months until she has finished her contract in early April.Is there anything that we can do to be together from Jan until April?I only need one more lot of 90 days to be able to stay until we are going to move to Britain permenantly anyway.Please help.Email me if you have any advice or any ideas.It will be greatly appreciated.We are so desperate right now.My email address is adamhill80@hotmail.com.Thanks.

  • #2
    I came over to the Us on Oct 1st,I had some problems coming through immigration so they called me to the side and questioned me as I had just returned from Britain after a few days after leaving the US where I had previously spent 90 days.I said that this time that I was coming to America to marry my fiance which I was and they explained about that I had to apply for a fiance visa which I said I would do,which I did.We applied for the fiance visa so that I could get temporary status,we waited and waited and still heard nothing,the date of our Wedding which we had previously booked months ahead approached.We still heard nothing,we went ahead and married on November 23rd of this year.We then went on our honeymoon to the Bahamas and on our return to the States leaving we had problems with immigration again.Apparantly they told us that because we married it made our application void and that we had to resubmit our application for a fiance visa all over again,this was all unbeknown to us.We waited for an answer and it wasnt our fault they hadnt replied by the time we were getting married.Besides we had to get married in that 90 day period.Anyway,now we are in the dilemma of me only having until December 28 to be allowed to stay in the US with my wife before my 90 days is up and I have to go.It would take too long to resubmit my application again,so we have decided for my wife to apply to move back to Britain with me and live,as its much easier.Although she is a teacher and in a contract with her school until April 2003.She cant leave as she will lose her teaching liscense and be sewed.We dont want to be apart for months until she has finished her contract in early April.Is there anything that we can do to be together from Jan until April?I only need one more lot of 90 days to be able to stay until we are going to move to Britain permenantly anyway.Please help.Email me if you have any advice or any ideas.It will be greatly appreciated.We are so desperate right now.My email address is adamhill80@hotmail.com.Thanks.

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    • #3
      why don't you apply for a change of status since you are here? Just because your application for a fiance no longer exists shouldn't mean that you can't apply for AOS based on being a spouse to a USC.

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      • #4
        You need to go back and have your wife file a new application, since you are no longer a fiance. In the meantime, you cannot overstay your current visa terms. Once back in Britain, the INS will tell you where to go in Britain (closest to your residence) for your interview.

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        • #5
          From now until April is not that long. You can't make that argument to the INS. (There are servicemen in Afghanistan who've been "away" from their wives much much longer). Any application you try to make will probably take longer than it will take for your wife to move to Britain anyway.

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          • #6
            If you are in the process of waiting for certain applications to be approved, such as that for AOS, aren't you considered to be legally in the country until receipt of notification??? (obviously with approval you could continue to stay in the country whereas with denial you would have to leave). Or am I completely wrong?

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            • #7
              The thing is x, he hasn't filed any paperwork here, he filed them back home.

              You could apply for AOS here but the problem is here: you have to be able to prove that you didn't intend on staying.....with an application pending abroad, i think the odds are not with you on this one.

              What you need to do is go back home and wait for your petition to be approved. I think you're going to have to have it changed to spouse of a USC instead of fiance.

              It's going to be a little while but that can't be helped. You could also talk to a lawyer but i think the easiest way for you to get here would be to go back home. You should have waited for your fiance petition to be approved.

              You can't blame everything on "we didn't know".

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              • #8
                Hey there guys,I dont know anything that will help,just wanted to wish you good luck though.Ignore people who make daft little remarks.Its a pity those people arent a little more constructive.Im praying for you.

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                • #9
                  Hey there it sound to me like Marie knows all there is to know about immigration laws,maybee from now on everyone oughta email her for advice.Anyway,dont worry,no one knows everything about immigration,its so damn complicated and just drives you nuts even thinking about it.I do have one suggestion for you though,if your wife really wants to be with you and really loves you then how about her finding a way to finish her contract early or quitting?It seems a shame you have to be apart,maybee her job means more to her then you?I know my wife would do anything to be with me,thank goodness because thats what it took with all the trouble that we had with Immigration.Anyway I wish you well.Lots of luck pal.

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                  • #10
                    I don't know anything there is to know, I'm just stating the facts.
                    They had a pending petition, I know how hard it is to stay away from your loved one, but they were on the right track doing it the right way and then got married. You still have to go through the proper channels, now they have to face the consequences and I really don't see anything else to do.
                    If I were an INS official and someone had a pending fiance petition and then came and got amrried before it was approved, I would have a hard time believing that they did not intend to stay. I'm just trying to avoid these people even more hardship and longer seperation.

                    Like I said, go see a lawyer.

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                    • #11
                      This is the same Adam that put the original question on here,I just have to say looking at respones so far that I really think Marie is just being stupid with her saying what she has.For a start we didnt know we would have any problems my living here with my now wife,maybee it sounds naive but we just always thought that once we married that would automatically mean that I would be able to stay,thats what our family thought too.As soon as we discovered we had to go through precedures for me to stay that was as soon as we applied for me to become a citizen.As for Marie saying about we should have waited before we married thats easy for her to say,we had previously spent time and a lot of money arranging our Wedding,and scheduling it so all our family could come.booking flights and rooms etc.What are we supposed to do cancel it just because Immigration still havent repiled?This World is becoming a sad place if we have to put our lives on hold because of Immigration.Anyway Marie please stop criticizing and be constructive.Better still just dont say anything.I wouldnt wish the scenerio that I am in now on my worst enemy.

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                      • #12
                        There was nothing criticizing about Marie's comments. The well-known fact in America is that "ignorance is no excuse for the law" - and, yes, when you are an immigrant, you must place the greatest priority in your life on contacting the INS for every "do" and every "don't".

                        Here is one example (and there are MANY) of the "ignorance of the law" question. If an American (or an immigrant, for that matter) loses a loved one, let's say, in an accident, he has ONE YEAR to file a wrongful death case. If he doesn't know that already, he'd better be checking it out. If he goes 30 seconds PAST the ONE YEAR, he is FOREVER BANNED from filing his case.

                        There is nothing he can do and he can't say "Well, I didn't know that was the law..." and that cannot be used as an excuse

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                        • #13
                          interesting site (and thread) ..... and a good place to learn. Thank you.

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                          • #14
                            Since you are married to a USC and came here legally there's really nothing to worry about.Just send out your application with proper fees and wait for approval.There are so many immigrants here who were out of status for many years yet they were able to adjust their status. Your life doesn't revolve around INS and they can't tell you what to do with it. I'm positive you will get approved.May you have a very happy Christmas!

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                            • #15
                              Oh yes the INS can tell you what to do! I mean, to say, it's your life, do whatever you want, is very silly and it's irresponsible. Brownfox, you know that you can't refer to "people who were out of status for years" and still adjusted as an everything works out proof of anything at all. It's a case by case, and whoever reminded Adam that his case might not be so easy because the INS may question his intention to stay was right. People on this board and elsewhere are in the same exact situation!

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