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  1. #1
    Join Date
    May 2007
    Posts
    3

    Default Am I Going To Have A Problem?

    Hello

    I am currently living with my wife in the US, I am from England and she is a US citizen by birth. I have been backwards and forwards to the US before the marriage and my last entry was on March/03/2004 on the visa waiver program. Shortly after that date we decided to get married and that was on May/28/2004 in the US. We could not decide whether we would be moving to England or stopping in the US so to this currant date we have not filed any paperwork, she works and I have been living off my savings. We have decided to make a go of it here in the US.

    So we have recently obtained the all the forms and are ready to fill them out. So in your opinion do you think I will encounter any problems because of the time lapse from date of entry to the form filling? And would I encounter any problem if i planed a trip back to England now without the forms being filled in.

    Any advice you can give me is gratefully accepted.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,882

    Default Re: Am I Going To Be A Problem?

    If you've overstayed your visa you would want to attempt to modify your status before you leave the country, as otherwise you will probably end up with a period of exclusion from the U.S. due to your overstay.

  3. #3
    Join Date
    May 2007
    Posts
    3

    Default Re: Am I Going To Have A Problem?

    Thank you for your reply, it is much appreciated. Ok so the trip to England is off for the moment. So I should be ok if we start to get this paper work filled out?

    Thanks again for your reply

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,882

    Default Re: Am I Going To Have A Problem?

    As long as you entered legally you should be eligible to adjust your status. Once that process is underway you can apply for "advance parole" to leave the country without immigration consequences.

  5. #5
    Join Date
    May 2007
    Posts
    3

    Default Re: Am I Going To Have A Problem?

    Thank you Mr. Knowital for your help, you have been most helpful. The long and tedious task of paper work awaits lol lol.

    Just one more question if I may. After the paperwork has been completed and I have my green card and other documents, can I freely travel backwards and forwards to England without this parole document? I do apologize for all the questions, it just seems so complicated and you guys are the only ones that seem to care.

    Thanks again

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,882

    Default Re: Am I Going To Have A Problem?

    Once you have a Green Card, travel should not be an issue.

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