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I am currently staying in Alexandria on an Esta I need to…

I am currently staying...

I am currently staying in Alexandria Virginia on an Esta I need to leave May 10th .I am currently engaged to a US citizen We are hoping to marry when my divorce comes through end 19 th May . My fiancé works here and I would like to return.ASAP

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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I don't think so

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Answered in 32 minutes by:
3/12/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,829
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 4 months ago
Ok I understand

Thanks. Please tell me what your specific question is about the situation?

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Customer reply replied 4 months ago
I am currently out at the moment I feel a telephone conversation maybe better, will call in about 90 mins
Best Jon

Sure. The problem is that if you request a telephone call and I'm not online, another expert will answer you. If you prefer me to answer you, then first check in here if I'm onilne and once I reply, then request the phone call :)

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Customer reply replied 4 months ago
Can we start the application process before my divorce papers come through maybe say apply for 5 year Visa ?

Do you mean depart from the US and apply for a visitor's B2 visa to return to the US?

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Customer reply replied 4 months ago
I am not sure whichever is the quicker
Customer reply replied 4 months ago
I have to leave US May !0th as immigration at Philadelphia asked me to buy a return ticket as I was traveling stand by as a non Rev for American Airlines . I am then returning to St Maarten on 17th May would ideally like to return to US on 31st May

Well, since you are already in the US and you did not enter the US with intentions to marry and stay here, legally you can apply here for your green card and you don't have to depart. You cannot submit the green card applications until you are married to your fiance, but you can start getting all the paperwork ready and as soon as your divorce is final and you get married, you can mail in all the applications and documents. You will likely spend a few days "out of status" from the time your ESTA time expires until you can file the documents, that time will be forgiven when you get a green card through marriage to a US citizen. And as soon as USCIS (immigration) receives all your applications, you will be considered to be in a temporary legal status until you get the green card. Just keep in mind that you could not leave the US for 3-4 months after submitting the applications until you receive the travel permit. If you're okay with all that, then this is definitely the faster and easier route.

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee in the future. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

-----------------

Good luck to you and I hope this answer has helped you.

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In addition what you said in your last message, it is not recommended that you depart on May 10th, if you have intentions to return so soon on May 31st and if you have intentions to marry her and stay in the US on that next trip. The reason for that is that you are not supposed to be entering the US as a visitor with intentions to remain in the US and apply for a green card here. It's considered fraud. If you come in with intentions to leave but then SUDDENLY decide to stay, that is different.

You can do it on this trip because you will be doing it over 2 months after you last entered and so the presumption of fraud will be rebutted by those 2 months here. If you leave and come back, first there's no guarantee you will be allowed back in at all (big risk) and if you were allowed back in, and you decide to stay and get married here and apply, you should wait at last 60 days before submitting applications.

Again, keep in mind that not leaving on May 10th will be forgiven through the application from your fiance once you're married. You just have to submit it right away.

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Customer reply replied 4 months ago
Are you saying I don't have to leave US for UK when my 90 days are up but can travel straight to St Maarten for & 7 days and Belize for a further 7 then return to US ?
Yes please I would like a hand with the paper work
Customer reply replied 4 months ago
If I cancel my trip to Uk May 10th is it still ok to travel to St Maarten for our wedding celebration on !7th May returning 31st May

No, I'm saying you don't have to leave the US at all and that you shouldn't leave the US. If you leave the US and return, that's where the problem lies.

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Customer reply replied 4 months ago
please call

You would have to accept the offer that I sent you.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,829
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
Jen Marie, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
For Jen I am trying to accept the offer

It's not allowing you to accept the service? Do you see it popping up on your screen?

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I think you can also request a phone call on your end.

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Customer reply replied 4 months ago
For Jen
How do i do that
Customer reply replied 4 months ago
For Jen
I can see the offer but it is in a dull red and won't respond

I'm not quite sure. I will customer service know that you need help.

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Customer reply replied 4 months ago
for Jen
is there a no I can call you on ?

Unfortunately we're not allowed to send our contact information without the additional offer.

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Customer reply replied 4 months ago
For Jen
Will you please resend offer

Just resent

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Customer reply replied 4 months ago
Thank you waiting

Got it now. Thanks. There should be a private box for you to share your contact information with me. Do you see it?

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If you don't see the box, you can send me an email to my email address I provided in the Private box. Only you can see it.

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Customer reply replied 4 months ago
Hi Jen
Do you want my contact no ?

Do you see mine in the private box? Or can you enters yours in the private box?

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Customer reply replied 4 months ago
For Jen
I have entered my no in the private box

i do not see it. If you see mine, please send me an email.

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Customer reply replied 4 months ago
Hi Jen
In your opinion if we did leave US for Caribbean and did return for two weeks , if I am not let back into the country how much delay would there be in obtaining Visa/Green card and how should I go about it ?

HI again-if you wanted to proceed from outside the US, there are two options. 1)Your wife could then petition you while you remain outside and that process takes about 8 months to a year to complete. 2) Or if you don't legally marry, then your fiance can petition for your fiance visa while you're outside and that takes about 6 months to 9 months to complete.

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Customer reply replied 4 months ago
Ok thanks for your help.
Customer reply replied 4 months ago
If my divorce comes through and we get married before we leave for the Caribbean what route can we take ?

I will respond a little later today. Thanks.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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