AAkasha
Posts: 4429
Joined: 11/27/2004
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quote:
ORIGINAL: antipode
quote:
Book a shorter flight and just overstay your visit
This is just about the worst advice to give anyone. Since people from visa waiver countries cannot adjust their status while in the USA, overstaying a visa, today, means an automatic re-entry block (this has actually been all over the papers in England, fairly recently, as British passport holders who had previously overstayed are routinely denied boarding by the airlines at Heathrow Airport, which submit passenger information to Homeland Security prior to takeoff now. It is not a risk I think anybody should take, especially since there is a perfectly good process to do it the right way.
If you are in a legitimate relationship with the intent to marry, it isn't. It was the advice given to me by an attorney. The fiance visa option was a total joke. I don't know where you got your "few weeks" wait time - not even close. And you have to be separated until it's approved, then DROP everything and get married within 90 days? And not travel back and forth in the meantime? If you want to BE with someone, it's the worst possible option. If you overstay a tourist Visa all the time just to jerk around, of course you're going to get flagged. If you do it ONCE to get married legitimately and end up in a recognized marriage, it's nothing. If you do any back and forth between countries, with the intent to eventually marry, and start lying to the immigration people, you are setting yourself up to be in serious trouble. That's why overstaying your original tourist Visa is the safest option IF marriage is your ultimate goal. And, if you do NOT work while in the US, and do not leave the country - for ANY reason.
I consulted attorneys and ultimately had an immigration attorney handle the entire process from start to finish. I'm simply sharing my firsthand experience. Immigration officials are NOT people to be messed with. In hindsight there's one very important factor missing from my own story which is relevant; personally, we never lied to immigration people. When he came to visit here, it was for a week. It was during that time that we talked to the attorney to find out what paperwork to file for the fiance visa or work visa, when we realized, him just staying was the best option; he had no idea he was going to stay. As you can imagine, it caused a lot of headaches, since he never said goodbye to his family or friends and only brought enough clothes for a few days - but at that point, him leaving and returning would look suspicious.
Even after we were legally married he could not return to his home country without "advanced parole" paperwork being filed, which is another headache. Moving back and forth across the border is not something done lightly if you are obviously in a potentially romantic relationship with someone. My advice is the same for the OP: talk to a lawyer.
Akasha
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