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Yet again with my situation.... (Immigration Law)

Sat, 09 Apr 2005 13:01:00 GMT

OK!! ONE MORE TIME JUST FOR THE FUN OF IT!!

Situation: currently my wife in america, im in the UK, she's 6
months pregnant as of today. Still not applied for i-130 so we're
still at square 1.

We've been putting it off cause we had trouble trying to get money sent
over to the usa for her and have been trying to get advice from
immigration but have had no help what so ever.

The problem: Our baby is due on July 9th. If my wife and I put in the
i-130 to start off getting the k3 visa, it's not going to be approved by
July. MEANING THATTTT i'd have to visit while my i-130 is still
pending. I've called immigration at airports that i could possibly
arrive in and i've called the uscis hotline and also the us embassy visa
hotline in the uk, told them about our situation and asked for any
advice they can possibly give such as proof of intent to return home and
the results are as follow:

Tampa airport: there's no guarantee you'll get in.
Orlando Airport: no guarantee.
Sanford airport: im sorry sir there's no guarantee.
USCIS hotline: we cant advise you as theres no guarantee

I received NO HELP WHATSOEVER from the american side, whenever i'd ask
''what about proof of employment?'' ..... ''theres no guarantee sir''.

HOWEVER i was told something by the visa hotline at the american embassy
in london:

"don't apply for your visa until after the baby is born as when you pass
through immigration, they'll see you're application when they swipe your
passport....your name will be highlighted''.

I THOUGHT this may be a possiblity BUT i wouldnt see my child again
probably until she's almost a full year old. I'm gonna be like a
stranger to her :(.
Also, if i don't apply for it, they're still gonna ask why im
vacationing for 7 weeks? What do i answer? "im stay for 7 weeks
because my wife is having our daughter and im here for the birth" ???
Even worse!!! Imagine what would go through the immigration officials
head at that point! "ok this guy is married to a USC and she's having
his baby in 2 weeks....he has no visa pending so perhaps he might try to
stay on and apply while here".

What the hell do i do?! im freaking out now....if i put in the 130 right
now....ill get stopped and turned around at immigration....if i DONT put
it in....ill get stopped at immigration and turned around after they
find out im there for my childs birth. This is getting to be way too
much. I really don't know what to do anymore?

--
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  • Sat, 09 Apr 2005 15:20:00 GMT(1)
  • Nick, it doesn't matter how many airports or how many times you call the helpless USCIS hotline.. they are always gonna give you the same response!, There is nothing guaranteed when it comes to Immigration!, If I were you I would focus on getting a bunch of evidence to prove that after a visit you are gonna come back, such as: Letter from employer stating you are supposed to be back at a certain date, proof that your permanent residence is in the UK (copy of deed, lease..), bills, in other words bring the kitchen sink, It is all up to the POE officer but if you have enough evidence you can make it!!, I am not saying that just because you are from the UK they are gonna let you right in without raising any eyebrows (or they might! it all depends) but I am sure your chances are much higher than someone from the middle East trying to come for a visit (not offense intended to people from those countries!!). Good Luck!!

    Hi Hyper!

    His chances are better because it's even hard for a Middle Easterner to
    even GET a tourist visa in the first place. LOL Nick will at least make
    it easily to the POE. Now whether the POE office decides to let him in
    or not is another story, and you're right...there is NO guarantee.

    Nick, just come armed to the hilt with evidence of your intended return
    to the UK, and give it a shot. That's about the best you can do. You
    have the same problem with or without the visa paperwork having been
    filed or not, so just make the plans, and do it....and hope you get an
    officer who lets you in easily.

    Best Wishes,
    Rene

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:38:00 GMT(2)
  • I'm probably going to be stoned to death after that one. Well, with the week I am having at work(and it's only freaking Monday!) it might just put me out of my misery! Sorry all. I really am not intending for a rock fight and I am such a nice girl. So please, be easy on the old girl ok? Yes, I did mean to advise him to get a darn good Immigration Lawyer! Nick, get one fast!

    Hiring even the best lawyer won't guarantee that he will be admitted
    into the US. *brings doom* lol (sorry Nick)

    An attorney might be able to assist in putting together the best
    possible evidence of Nick's return to the UK though, or have a few
    other ideas.

    Elaine

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:24:00 GMT(3)
  • Nick, Best of luck with your situation! Where there's a will there's a way! First of all document EVERYTHING you need stating that you WILL BE RETURNING after the birth of your daughter. That way the POE officers will see that you have intention of returning. Maybe have something written up and have a solicitor sign and notarize it stating that you plan on returning. For the moderators..............and I prob should not be asking this question. Since he IS ALREADY MARRIED, why can't he adjust status once he is here? I am not in any way trying to open up a can of worms here, but why not? He is married to a USC and has a USC child. Wouldn't that be forgiven during AOS just like someone on VWP? Sorry if I upset anyone by asking but I am just wondering. Debs

    Oh, you are very brave!! :P

    Perhaps a visit to an immigration attorney is a good idea for this OP.

    :)Marnee

    --
    Posted via http://britishexpats.com
  • Sat, 23 Apr 2005 13:11:00 GMT(4)
  • what is "red dot" processing?

    ...and what did the OP do?

    --
    Posted via http://britishexpats.com
  • Fri, 15 Apr 2005 04:36:00 GMT(5)
  • Hi: No mention of "red dot" processing of the I-130 and the I-129F -- it just might work. Sometimes things can be expedited. However, the standard "red dot" processing always notes that "lack of planning does not an emergency make." Agan there are no guarantees -- you've been told that over and over again. "If you don't bet, you can't win."

    what is "red dot" processing?

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 15:23:00 GMT(6)
  • Hi Hyper! His chances are better because it's even hard for a Middle Easterner to even GET a tourist visa in the first place. LOL Nick will at least make it easily to the POE. Now whether the POE office decides to let him in or not is another story, and you're right...there is NO guarantee. Nick, just come armed to the hilt with evidence of your intended return to the UK, and give it a shot. That's about the best you can do. You have the same problem with or without the visa paperwork having been filed or not, so just make the plans, and do it....and hope you get an officer who lets you in easily. Best Wishes, Rene

    Try Dublin...at least if your denied, from there, it's only a short
    flight back...

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 16:50:00 GMT(7)
  • That's why "I" think he should get a lawyer in Ireland and have a document drawn up and notarized "in advance" of his trip here stating that he will go home after she is born. I would think that if it was "sworn in" legally and notarized he might have a good chance of being here when his daughetr is born.

    I am sorry girlie but I don't think a lawyer can do much in this
    situation, Like I said before.. The kitchen sink can help
    tremendously!! :)

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:18:00 GMT(8)
  • Hi: No mention of "red dot" processing of the I-130 and the I-129F -- it just might work. Sometimes things can be expedited. However, the standard "red dot" processing always notes that "lack of planning does not an emergency make." Agan there are no guarantees -- you've been told that over and over again. "If you don't bet, you can't win."

    Nick,
    Best of luck with your situation! Where there's a will there's a way!
    First of all document EVERYTHING you need stating that you WILL BE
    RETURNING after the birth of your daughter. That way the POE officers
    will see that you have intention of returning. Maybe have something
    written up and have a solicitor sign and notarize it stating that you
    plan on returning.
    For the moderators..............and I prob should not be asking this
    question. Since he IS ALREADY MARRIED, why can't he adjust status once
    he is here? I am not in any way trying to open up a can of worms here,
    but why not?
    He is married to a USC and has a USC child. Wouldn't that be forgiven
    during AOS just like someone on VWP? Sorry if I upset anyone by asking
    but I am just wondering.

    Debs

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:45:00 GMT(9)
  • i wanna be there for the birth tho...i cant miss the birth of my lil Ava! im trying to think of different proofs i can supply BUT problem: my job is a temporary contract which runs out THE SAME DAY that i want to go on vacation (what are the chances?) BUT if i can get that extended again, they said i can have the male pregnancy leave. i dont own a house or rent, staying with parents to try and save money. because its my parents house, i won't have any bills in my name. what did everyone on here use as evidence? i was thinking of enrolling in nightschool or a short course after i come back from the visit, im not sure if that'd be any good? kinda showing that i have a course to come back to as well? also, im not sure if mentioning the fact that my wife is pregnant is wise at the poe?

    Do you own a car? I took a copy of my log book and current insurance
    certificate.

    Mobile phone contract?

    Bank statement?

    --
    Posted via http://britishexpats.com
  • Sun, 10 Apr 2005 03:41:00 GMT(10)
  • What about her and the baby coming to visit you? Good Luck! :)Marnee

    i wanna be there for the birth tho...i cant miss the birth of my lil
    Ava!

    im trying to think of different proofs i can supply BUT problem:

    my job is a temporary contract which runs out THE SAME DAY that i want
    to go on vacation (what are the chances?) BUT if i can get that extended
    again, they said i can have the male pregnancy leave.

    i dont own a house or rent, staying with parents to try and save money.

    because its my parents house, i won't have any bills in my name.

    what did everyone on here use as evidence? i was thinking of enrolling
    in nightschool or a short course after i come back from the visit, im
    not sure if that'd be any good? kinda showing that i have a course to
    come back to as well?

    also, im not sure if mentioning the fact that my wife is pregnant is
    wise at the poe?

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 13:41:00 GMT(11)
  • OK!! ONE MORE TIME JUST FOR THE FUN OF IT!! Situation: currently my wife in america, im in the UK, she's 6 months pregnant as of today. Still not applied for i-130 so we're still at square 1. We've been putting it off cause we had trouble trying to get money sent over to the usa for her and have been trying to get advice from immigration but have had no help what so ever. The problem: Our baby is due on July 9th. If my wife and I put in the i-130 to start off getting the k3 visa, it's not going to be approved by July. MEANING THATTTT i'd have to visit while my i-130 is still pending. I've called immigration at airports that i could possibly arrive in and i've called the uscis hotline and also the us embassy visa hotline in the uk, told them about our situation and asked for any advice they can possibly give such as proof of intent to return home and the results are as follow: Tampa airport: there's no guarantee you'll get in. Orlando Airport: no guarantee. Sanford airport: im sorry sir there's no guarantee. USCIS hotline: we cant advise you as theres no guarantee I received NO HELP WHATSOEVER from the american side, whenever i'd ask ''what about proof of employment?'' ..... ''theres no guarantee sir''. HOWEVER i was told something by the visa hotline at the american embassy in london: "don't apply for your visa until after the baby is born as when you pass through immigration, they'll see you're application when they swipe your passport....your name will be highlighted''. I THOUGHT this may be a possiblity BUT i wouldnt see my child again probably until she's almost a full year old. I'm gonna be like a stranger to her :(. Also, if i don't apply for it, they're still gonna ask why im vacationing for 7 weeks? What do i answer? "im stay for 7 weeks because my wife is having our daughter and im here for the birth" ??? Even worse!!! Imagine what would go through the immigration officials head at that point! "ok this guy is married to a USC and she's having his baby in 2 weeks....he has no visa pending so perhaps he might try to stay on and apply while here". What the hell do i do?! im freaking out now....if i put in the 130 right now....ill get stopped and turned around at immigration....if i DONT put it in....ill get stopped at immigration and turned around after they find out im there for my childs birth. This is getting to be way too much. I really don't know what to do anymore?

    You have alot to answer their.

    You could call all the airports in the US none of which will give you a
    guarantee. So many people visit, including myself twice,whilst a visa is
    pending sucessfully. They are helping, they are telling you the
    possibilities.

    With your money send a check, Western Union or 1 of the many ways
    available to you.

    Look at things with a calm mind and the answers will become clear. Also
    read the previous multitude of threads on "visited while visa pending".

    alan

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 14:10:00 GMT(12)
  • OK!! ONE MORE TIME JUST FOR THE FUN OF IT!! Situation: currently my wife in america, im in the UK, she's 6 months pregnant as of today. Still not applied for i-130 so we're still at square 1. We've been putting it off cause we had trouble trying to get money sent over to the usa for her and have been trying to get advice from immigration but have had no help what so ever. The problem: Our baby is due on July 9th. If my wife and I put in the i-130 to start off getting the k3 visa, it's not going to be approved by July. MEANING THATTTT i'd have to visit while my i-130 is still pending. I've called immigration at airports that i could possibly arrive in and i've called the uscis hotline and also the us embassy visa hotline in the uk, told them about our situation and asked for any advice they can possibly give such as proof of intent to return home and the results are as follow: Tampa airport: there's no guarantee you'll get in. Orlando Airport: no guarantee. Sanford airport: im sorry sir there's no guarantee. USCIS hotline: we cant advise you as theres no guarantee I received NO HELP WHATSOEVER from the american side, whenever i'd ask ''what about proof of employment?'' ..... ''theres no guarantee sir''. HOWEVER i was told something by the visa hotline at the american embassy in london: "don't apply for your visa until after the baby is born as when you pass through immigration, they'll see you're application when they swipe your passport....your name will be highlighted''. I THOUGHT this may be a possiblity BUT i wouldnt see my child again probably until she's almost a full year old. I'm gonna be like a stranger to her :(. Also, if i don't apply for it, they're still gonna ask why im vacationing for 7 weeks? What do i answer? "im stay for 7 weeks because my wife is having our daughter and im here for the birth" ??? Even worse!!! Imagine what would go through the immigration officials head at that point! "ok this guy is married to a USC and she's having his baby in 2 weeks....he has no visa pending so perhaps he might try to stay on and apply while here". What the hell do i do?! im freaking out now....if i put in the 130 right now....ill get stopped and turned around at immigration....if i DONT put it in....ill get stopped at immigration and turned around after they find out im there for my childs birth. This is getting to be way too much. I really don't know what to do anymore?

    Hi:

    Precisely what do you want? I can't figure it out for the life of me.
    Since you refer to repeated instances of straight responses to your
    quesiton as being "NO HELP WHATSOEVER" I have to idea on how to respond
    to your post.

    NOTE: There is NEVER a "guarantee" of visa issuance or admission.
    There is only one group of people who are "guaranteed" entry into
    the United States: US Citizens or Nationals.

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:28:00 GMT(13)
  • Oh, you are very brave!! :P Perhaps a visit to an immigration attorney is a good idea for this OP. :)Marnee

    I'm probably going to be stoned to death after that one. Well, with
    the week I am having at work(and it's only freaking Monday!) it might
    just put me out of my misery! Sorry all. I really am not intending
    for a rock fight and I am such a nice girl. So please, be easy on the
    old girl ok?

    Yes, I did mean to advise him to get a darn good Immigration Lawyer!
    Nick, get one fast!

    --
    Posted via http://britishexpats.com
  • Sat, 23 Apr 2005 13:27:00 GMT(14)
  • ...and what did the OP do?

    I was wondering the same thing a few days ago.....

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 15:25:00 GMT(15)
  • Try Dublin...at least if your denied, from there, it's only a short flight back...

    Hey that is a very good suggestion!!

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:48:00 GMT(16)
  • Nick, Best of luck with your situation! Where there's a will there's a way! First of all document EVERYTHING you need stating that you WILL BE RETURNING after the birth of your daughter. That way the POE officers will see that you have intention of returning. Maybe have something written up and have a solicitor sign and notarize it stating that you plan on returning. For the moderators..............and I prob should not be asking this question. Since he IS ALREADY MARRIED, why can't he adjust status once he is here? I am not in any way trying to open up a can of worms here, but why not? He is married to a USC and has a USC child. Wouldn't that be forgiven during AOS just like someone on VWP? Sorry if I upset anyone by asking but I am just wondering. Debs

    Hi:

    Its just that the VWT or B-2 is not the correct and lawful way to
    accomplish his goal. Nothing more, nothing less.

    Sometimes the law may be an ***, but it is the law.

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com
  • Sun, 10 Apr 2005 03:51:00 GMT(17)
  • i wanna be there for the birth tho...i cant miss the birth of my lil Ava! im trying to think of different proofs i can supply BUT problem: my job is a temporary contract which runs out THE SAME DAY that i want to go on vacation (what are the chances?) BUT if i can get that extended again, they said i can have the male pregnancy leave. i dont own a house or rent, staying with parents to try and save money. because its my parents house, i won't have any bills in my name. what did everyone on here use as evidence? i was thinking of enrolling in nightschool or a short course after i come back from the visit, im not sure if that'd be any good? kinda showing that i have a course to come back to as well? also, im not sure if mentioning the fact that my wife is pregnant is wise at the poe?

    Hi:

    No mention of "red dot" processing of the I-130 and the I-129F -- it
    just might work.

    Sometimes things can be expedited. However, the standard "red dot"
    processing always notes that "lack of planning does not an
    emergency make."

    Agan there are no guarantees -- you've been told that over and over
    again. "If you don't bet, you can't win."

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 19:00:00 GMT(18)
  • Second trip in to see me in the US, my now-husband was asked at POE if he intended to get married this time. He said "no, we haven't been approved yet and don't want to mess up things after filing and going through everything." They didn't even ask to see a return ticket. He brought a current paycheck and proof of residence in the UK, but they didn't ask to see any of that. Just have a nice trip and all. It's basically luck of the draw. You might have trouble if you find someone on a bad day, but you can (nicely, politely) ask to speak to a supervisor if they refuse you entry. Answer what they ask. Couldn't hurt to bring any proof you have of filing with USCIS... because what my husband said is so true. Why WOULD you go through the time, trouble and fees of going through the proper channels and then just throw it all away?

    Wifey said it all.

    and she or they can come and see you.

    And their are precious few guarantees in life, death and taxes
    come to mind.

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 20:04:00 GMT(19)
  • OK!! ONE MORE TIME JUST FOR THE FUN OF IT!! Situation: currently my wife in america, im in the UK, she's 6 months pregnant as of today. Still not applied for i-130 so we're still at square 1. We've been putting it off cause we had trouble trying to get money sent over to the usa for her and have been trying to get advice from immigration but have had no help what so ever. The problem: Our baby is due on July 9th. If my wife and I put in the i-130 to start off getting the k3 visa, it's not going to be approved by July. MEANING THATTTT i'd have to visit while my i-130 is still pending. I've called immigration at airports that i could possibly arrive in and i've called the uscis hotline and also the us embassy visa hotline in the uk, told them about our situation and asked for any advice they can possibly give such as proof of intent to return home and the results are as follow: Tampa airport: there's no guarantee you'll get in. Orlando Airport: no guarantee. Sanford airport: im sorry sir there's no guarantee. USCIS hotline: we cant advise you as theres no guarantee I received NO HELP WHATSOEVER from the american side, whenever i'd ask ''what about proof of employment?'' ..... ''theres no guarantee sir''. HOWEVER i was told something by the visa hotline at the american embassy in london: "don't apply for your visa until after the baby is born as when you pass through immigration, they'll see you're application when they swipe your passport....your name will be highlighted''. I THOUGHT this may be a possiblity BUT i wouldnt see my child again probably until she's almost a full year old. I'm gonna be like a stranger to her :(. Also, if i don't apply for it, they're still gonna ask why im vacationing for 7 weeks? What do i answer? "im stay for 7 weeks because my wife is having our daughter and im here for the birth" ??? Even worse!!! Imagine what would go through the immigration officials head at that point! "ok this guy is married to a USC and she's having his baby in 2 weeks....he has no visa pending so perhaps he might try to stay on and apply while here". What the hell do i do?! im freaking out now....if i put in the 130 right now....ill get stopped and turned around at immigration....if i DONT put it in....ill get stopped at immigration and turned around after they find out im there for my childs birth. This is getting to be way too much. I really don't know what to do anymore?

    What about her and the baby coming to visit you?

    Good Luck!
    :)Marnee

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 13:47:00 GMT(20)
  • OK!! ONE MORE TIME JUST FOR THE FUN OF IT!! Situation: currently my wife in america, im in the UK, she's 6 months pregnant as of today. Still not applied for i-130 so we're still at square 1. We've been putting it off cause we had trouble trying to get money sent over to the usa for her and have been trying to get advice from immigration but have had no help what so ever. The problem: Our baby is due on July 9th. If my wife and I put in the i-130 to start off getting the k3 visa, it's not going to be approved by July. MEANING THATTTT i'd have to visit while my i-130 is still pending. I've called immigration at airports that i could possibly arrive in and i've called the uscis hotline and also the us embassy visa hotline in the uk, told them about our situation and asked for any advice they can possibly give such as proof of intent to return home and the results are as follow: Tampa airport: there's no guarantee you'll get in. Orlando Airport: no guarantee. Sanford airport: im sorry sir there's no guarantee. USCIS hotline: we cant advise you as theres no guarantee I received NO HELP WHATSOEVER from the american side, whenever i'd ask ''what about proof of employment?'' ..... ''theres no guarantee sir''. HOWEVER i was told something by the visa hotline at the american embassy in london: "don't apply for your visa until after the baby is born as when you pass through immigration, they'll see you're application when they swipe your passport....your name will be highlighted''. I THOUGHT this may be a possiblity BUT i wouldnt see my child again probably until she's almost a full year old. I'm gonna be like a stranger to her :(. Also, if i don't apply for it, they're still gonna ask why im vacationing for 7 weeks? What do i answer? "im stay for 7 weeks because my wife is having our daughter and im here for the birth" ??? Even worse!!! Imagine what would go through the immigration officials head at that point! "ok this guy is married to a USC and she's having his baby in 2 weeks....he has no visa pending so perhaps he might try to stay on and apply while here". What the hell do i do?! im freaking out now....if i put in the 130 right now....ill get stopped and turned around at immigration....if i DONT put it in....ill get stopped at immigration and turned around after they find out im there for my childs birth. This is getting to be way too much. I really don't know what to do anymore?

    [QUOTE=AmberNickVN]OK!! ONE MORE TIME JUST FOR THE FUN OF IT!!

    I have left you a PM.

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 15:03:00 GMT(21)
  • OK!! ONE MORE TIME JUST FOR THE FUN OF IT!! Situation: currently my wife in america, im in the UK, she's 6 months pregnant as of today. Still not applied for i-130 so we're still at square 1. We've been putting it off cause we had trouble trying to get money sent over to the usa for her and have been trying to get advice from immigration but have had no help what so ever. The problem: Our baby is due on July 9th. If my wife and I put in the i-130 to start off getting the k3 visa, it's not going to be approved by July. MEANING THATTTT i'd have to visit while my i-130 is still pending. I've called immigration at airports that i could possibly arrive in and i've called the uscis hotline and also the us embassy visa hotline in the uk, told them about our situation and asked for any advice they can possibly give such as proof of intent to return home and the results are as follow: Tampa airport: there's no guarantee you'll get in. Orlando Airport: no guarantee. Sanford airport: im sorry sir there's no guarantee. USCIS hotline: we cant advise you as theres no guarantee I received NO HELP WHATSOEVER from the american side, whenever i'd ask ''what about proof of employment?'' ..... ''theres no guarantee sir''. HOWEVER i was told something by the visa hotline at the american embassy in london: "don't apply for your visa until after the baby is born as when you pass through immigration, they'll see you're application when they swipe your passport....your name will be highlighted''. I THOUGHT this may be a possiblity BUT i wouldnt see my child again probably until she's almost a full year old. I'm gonna be like a stranger to her :(. Also, if i don't apply for it, they're still gonna ask why im vacationing for 7 weeks? What do i answer? "im stay for 7 weeks because my wife is having our daughter and im here for the birth" ??? Even worse!!! Imagine what would go through the immigration officials head at that point! "ok this guy is married to a USC and she's having his baby in 2 weeks....he has no visa pending so perhaps he might try to stay on and apply while here". What the hell do i do?! im freaking out now....if i put in the 130 right now....ill get stopped and turned around at immigration....if i DONT put it in....ill get stopped at immigration and turned around after they find out im there for my childs birth. This is getting to be way too much. I really don't know what to do anymore?

    Nick, it doesn't matter how many airports or how many times you call the
    helpless USCIS hotline.. they are always gonna give you the same
    response!, There is nothing guaranteed when it comes to Immigration!, If
    I were you I would focus on getting a bunch of evidence to prove that
    after a visit you are gonna come back, such as: Letter from employer
    stating you are supposed to be back at a certain date, proof that your
    permanent residence is in the UK (copy of deed, lease..), bills, in
    other words bring the kitchen sink, It is all up to the POE officer but
    if you have enough evidence you can make it!!, I am not saying that just
    because you are from the UK they are gonna let you right in without
    raising any eyebrows (or they might! it all depends) but I am sure your
    chances are much higher than someone from the middle East trying to come
    for a visit (not offense intended to people from those countries!!).
    Good Luck!!

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 17:19:00 GMT(22)
  • Hey that is a very good suggestion!!

    Second trip in to see me in the US, my now-husband was asked at POE if
    he intended to get married this time. He said "no, we haven't been
    approved yet and don't want to mess up things after filing and going
    through everything." They didn't even ask to see a return ticket. He
    brought a current paycheck and proof of residence in the UK, but they
    didn't ask to see any of that. Just have a nice trip and all.

    It's basically luck of the draw. You might have trouble if you find
    someone on a bad day, but you can (nicely, politely) ask to speak to a
    supervisor if they refuse you entry. Answer what they ask. Couldn't
    hurt to bring any proof you have of filing with USCIS... because what
    my husband said is so true. Why WOULD you go through the time,
    trouble and fees of going through the proper channels and then just
    throw it all away?

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 15:24:00 GMT(23)
  • Hi Hyper! His chances are better because it's even hard for a Middle Easterner to even GET a tourist visa in the first place. LOL Nick will at least make it easily to the POE. Now whether the POE office decides to let him in or not is another story, and you're right...there is NO guarantee. Nick, just come armed to the hilt with evidence of your intended return to the UK, and give it a shot. That's about the best you can do. You have the same problem with or without the visa paperwork having been filed or not, so just make the plans, and do it....and hope you get an officer who lets you in easily. Best Wishes, Rene

    I just didn't want the Middle Easteners get mad at me:)
    By the way.. The kitchen sink is required for VWP trips;)

    --
    Posted via http://britishexpats.com
  • Sat, 09 Apr 2005 19:27:00 GMT(24)
  • Wifey said it all. and she or they can come and see you. And their are precious few guarantees in life, death and taxes come to mind.

    I dont have a lot to add, but good luck Nick!

    --
    Posted via http://britishexpats.com
  • Mon, 11 Apr 2005 13:46:00 GMT(25)
  • Hiring even the best lawyer won't guarantee that he will be admitted into the US. *brings doom* lol (sorry Nick) An attorney might be able to assist in putting together the best possible evidence of Nick's return to the UK though, or have a few other ideas. Elaine

    That's why "I" think he should get a lawyer in Ireland and have a
    document drawn up and notarized "in advance" of his trip here stating
    that he will go home after she is born. I would think that if it was
    "sworn in" legally and notarized he might have a good chance of being
    here when his daughetr is born.

    --
    Posted via http://britishexpats.com
  • Leave a Comment Now.

Immigration Law Open Questions

Yesssssssssssssssssssssss :)

Best of everything Kay :) Cindy Congrats and good luck at the interview! Elaine :)-- Posted via http://britishexpats.com...

Yes/No question on residency obligations

Dear Experts, Just a simple question Yes/No regarding 2/5 rule. Is it possible to land in Canada, get PR card and then stay out of Canada for 3 straight years and then reenter and spend next 2 years in Canada? Cheers Smith G.-- Posted via http://britishexpats.com...

Yes Yes Yes Yes Yes Yes Thank You Jesus

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