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Starchild · #1 07-19-2006, 11:35 AM

I don't know if anyone can help with this, but here is my situation - he gets out in 4 months and we want to marry. Ideally we would end up living in UK as I have a child and family here etc. However, I know full well that due to our laws this may not be possible. So at the present time I have no idea where we'll end up living. Does it therefore make a difference which country we get married in, seeing as at this point we don't know where we'll finally end up living, UK or USA? If we marry in UK but end up living in USA, will it affect my application to live there if I married him over in UK or does that not matter? Same as if we try to get him over to UK; would it make a difference if we married in USA? Hope this makes sense and any thoughts would be really appreciated.
Thanks

CarlM · #2 07-20-2006, 12:38 PM

It makes a huge difference. To marry in US you have to enter on a fiancee visa (k-1). Once you enter the US you have 90 days to marry, and file your I-485 (which is called an 'adjustment of status') to get your green card. He would need to be your sponsor, so he will need an income to do this. You wont be able to enter on a Visa Waiver Program as your intent is to marry.

If you marry in UK, he will need to apply for a fiance visa t o get into UK - but with his record against him, he probably wont get it. US is the more likely option - his conviction doesnt stop him sponsoring you.

Starchild · #3 07-20-2006, 12:43 PM

Ok thanks; this is the kind of info I was trying to find out. So for Uk, he could get in on a tourist visa but a fiance visa indicates wanting to settle in Uk which obviously UK won't like with his record? How long will he have to have been working in USA to sponsor me? And also, could someone else sponsor me on his behalf - non family but someone who has his own business etc? Sorry so many questions!

CarlM · #4 07-20-2006, 01:40 PM

As long as he is working when your Adjustment interview takes place, he couldhave been in the job 20 minutes and they wont care. Likewise, he can change jobs between filing and the actual interview.

Yes, a family member can sponsor you on his behalf.

I dont even know if he can enter the UK on a tourist visa - you may want to check the UK embassy in the US website (www.britainusa.com)

Starchild · #5 07-20-2006, 02:27 PM

Thanks for the UK embassy site; I've not looked at this one. Thank you. Hope they will at least let him in for a visit.......I know he can get a passport....

Umm Aby · #6 07-20-2006, 03:33 PM

Cheers! i was looking for this information!....i am in ireland...and when i researched and i saw he was the one that had to file the application and he needed to have a job etc...i was so sad and wondering if they wouldnt deny his application( ie inmate wanna marry)....was so scared, but now..i will tell him to apply straight away and i will find someone to sponsor me on his behalf..anyways he works in prison, i guess i will ahve to show them my bank statement too!.
cheers!

Najm · #7 07-20-2006, 03:57 PM

I recently went to see an immigration attorney in UK to find out what needs to be done in order for me to live in USA once Alex is free.
She told me that because I only have one degree,now would be a good time to go back to university and get another one,plus she said since he has a record,I really need to have a job to go to before I leave because they don't have to let him sponsor me as he is a convicted felon.

You mentioned that you have a child,have you considered the legal side of taking him oversea's to live? My ex won't let me,so I have to go to court when the time comes.

Have you considered writing to the Home Office with a rough outline and seeing what their response is?

Good luck with it all,I hope it all works out smoothly for you both.

Starchild · #8 07-21-2006, 12:52 AM

Quote:

Originally Posted by Najm

I recently went to see an immigration attorney in UK to find out what needs to be done in order for me to live in USA once Alex is free.
She told me that because I only have one degree,now would be a good time to go back to university and get another one,plus she said since he has a record,I really need to have a job to go to before I leave because they don't have to let him sponsor me as he is a convicted felon.

You mentioned that you have a child,have you considered the legal side of taking him oversea's to live? My ex won't let me,so I have to go to court when the time comes.

Have you considered writing to the Home Office with a rough outline and seeing what their response is?

Good luck with it all,I hope it all works out smoothly for you both.

I guess I'm in a similar situation to you. I have one degree, but have been a mother for 7 yrs and so haven't been really working. Seems there is quite a lot of conflicting info. I suppose I can get a job or be seen to have one in the USA when the time comes which wouldn't be until this time next year, as his friend is a business man and will help me out with this I am sure. With regards to my son......again, I will be in the same position as you; court. I was told that even as the mother you stand on very rocky ground if you want to take your child away from the father's country, family etc, especially to go live with an ex-con. I just hope for us and those like us it doesn't come to chosing between our children and the man we love. I'll let you know if I find out more and pm if you want to talk more.

CarlM · #9 07-21-2006, 09:36 AM

Quote:

Originally Posted by Najm

I recently went to see an immigration attorney in UK to find out what needs to be done in order for me to live in USA once Alex is free.
She told me that because I only have one degree,now would be a good time to go back to university and get another one,plus she said since he has a record,I really need to have a job to go to before I leave because they don't have to let him sponsor me as he is a convicted felon.

You mentioned that you have a child,have you considered the legal side of taking him oversea's to live? My ex won't let me,so I have to go to court when the time comes.

Have you considered writing to the Home Office with a rough outline and seeing what their response is?

Good luck with it all,I hope it all works out smoothly for you both.

I dont wish to insult your lawyer, but what he told you was a pile of crap!! 'Only' having one degree wont make any difference - your income cant be included for his sponsorship of you even if you had a Ph.d! Getting a 2nd degree will have absolutely no benfit to an aplication for residency. A convicted felon CAN sponsor you the same as anyone else.

Change lawyers for one who knows what theyre doing.. and see if you can get a refund!!

Starchild · #10 07-21-2006, 10:51 AM

Quote:

Originally Posted by CarlM

I dont wish to insult your lawyer, but what he told you was a pile of crap!! 'Only' having one degree wont make any difference - your income cant be included for his sponsorship of you even if you had a Ph.d! Getting a 2nd degree will have absolutely no benfit to an aplication for residency. A convicted felon CAN sponsor you the same as anyone else.

Change lawyers for one who knows what theyre doing.. and see if you can get a refund!!

I would agree with what CarlM says here about the advice your lawyer gave. Many many men and women go over to USA to marry an American citizen all the time. The sponsor is the main thing and of course we can't have a record ourselves.

Umm Aby · #11 07-21-2006, 10:21 AM

Carlm,
Are u sure they aint gonna refuse the application due to him bin inside? i am kinda scared....i went to the US department website and read all about the Visa thing, and it sounds easy.....bvut jus his incarceration is worrying me! and the other thing, after marriage, can i come/go back home? ie ireland, or do i have to say in america for 3mnths to complete the process?.

CarlM · #12 07-24-2006, 01:59 PM

I'm saying as soon as he is out, he needs to get a job! He cant sponsor you on prison wages, but as soon as he is out and working he can.

Starchild · #13 07-23-2006, 11:58 AM

Just been looking at the UK visa entry form online. It does ask if the person has any criminal convictions and then asks for details to be listed. Has anyone ever come into UK on a tourist visa, having ticked 'yes' to the criminal record part on the form?

rumson · #14 12-15-2006, 06:27 AM

Quote:

Originally Posted by Starchild

Just been looking at the UK visa entry form online. It does ask if the person has any criminal convictions and then asks for details to be listed. Has anyone ever come into UK on a tourist visa, having ticked 'yes' to the criminal record part on the form?

I know of such persons. Each case is evaluated individually. If the offense was non-violent and non-sexual related, approval is often granted. Approval is almost never granted for gun-related crimes or crimes against children.

Just Me 1973 · #15 07-24-2006, 06:05 PM

I don't think it is against immigration rules to get married on other visas than the fiance visa if they don't intend to stay from then. I plan to get married on a tourist visa, but I will go back to my own country when my time is up... I don't think that is a problem.

CarlM · #16 07-25-2006, 08:03 AM

The fact you have intent, makes it illegal. Your visa actually asks you if thats what you intend.

Just Me 1973 · #17 07-25-2006, 10:26 AM

Hm.. I can't remember that as a question on the white/green slip we have to fill out on the plane. From what I understood about the different visas is that on a visa waiver you have waived your "right" to apply for any other visas from the U.S, so if you do marry someone while you visit, you have to go back home and then start the immigration paperwork to come back. I really didn't think it was illegal to marry a U.S resident on whatever visa you are there for. I understand that if you intend to get married and think you can stay - that is different than if you plan to go back to your home country.

Starchild · #18 07-25-2006, 10:33 AM

Quote:

Originally Posted by LV_Cassi

Hm.. I can't remember that as a question on the white/green slip we have to fill out on the plane. From what I understood about the different visas is that on a visa waiver you have waived your "right" to apply for any other visas from the U.S, so if you do marry someone while you visit, you have to go back home and then start the immigration paperwork to come back. I really didn't think it was illegal to marry a U.S resident on whatever visa you are there for. I understand that if you intend to get married and think you can stay - that is different than if you plan to go back to your home country.

I just got back from the States and no there was no mention on that form you fill out. With regards to the other stuff we've been talking about on this thread, I emailed the British Embassy in USA several times trying to find out something/anything about all this but nobody has replied....

CarlM · #19 07-25-2006, 12:57 PM

Quote:

Originally Posted by LV_Cassi

Hm.. I can't remember that as a question on the white/green slip we have to fill out on the plane. From what I understood about the different visas is that on a visa waiver you have waived your "right" to apply for any other visas from the U.S, so if you do marry someone while you visit, you have to go back home and then start the immigration paperwork to come back. I really didn't think it was illegal to marry a U.S resident on whatever visa you are there for. I understand that if you intend to get married and think you can stay - that is different than if you plan to go back to your home country.

When you marry on the VWP (Green I-94 card), you can stay while they adjust your status. You have waived your right to appeal any decision they make, and you will be out of status from the end of the VWP period until a decision is made. If they approve you, all is well - if they dont you are screwed. But they will question you very carefully about entering on vwp and marrying.. stuff like when did you buy the ring? when did you sell your car or house back home? where are the receipts? if any of it shows intent to marry because you had already started the process then its all over!

Read question D., and read 'Waiver of rights' http://www.immihelp.com/visas/images/i94w.jpg

Just Me 1973 · #20 07-25-2006, 11:40 AM

I think - if I was in your situation I would get married in the U.S.

Starchild · #21 07-25-2006, 11:56 AM

Yeah I probably will get married in US; have no problem with that or living there, but it is just the fact that my son probably won't be allowed to go with me if I have to live in US....

Just Me 1973 · #22 07-25-2006, 12:15 PM

Yeah... I know what you are going through. It's a shame that the U.K can't overlook someone's criminal record if they have served their time. That is all that should matter in my opinion.

Just Me 1973 · #23 07-25-2006, 04:10 PM

I see

I just tripped on the ILLEGAL to marry part. I understand what you mean now

Rostonhall · #24 07-27-2006, 05:35 AM

Many people do get married on the visa waiver and have no trouble at all.

What about getting someone else to sponsor you? As long as you meet all the requirements surely that's the easiest, I've known quite a few women you've done that.

Rose

traci2 · #25 07-29-2006, 02:51 PM

ok..
this applies to me. Can someone put it in a nutshell. If i want to marry a US (prisoner..Greatmeadow, NY) Citizen (within the next 6 years), can I do it?? Can I come over and marry him in prison or when he gets out. If I do...can he sponser me or can his family members? How long will I have to stay over in the US once we're married? I'm a professional over here, but unfortunately my qualifications stand for **** all in the US. Does he have to stay in the US for a specified period of time after he is released?? God, so many questions!!