Britbabe0

My hubby is a USA citizen born here
I am a UK citizen born there
We have known each other for 10 years
Married in Nov 2012

The original intention was for him to come to the UK, but I visited in January for my birthday and we have decided as he loves his job etc that I will move here. I am still currently here with a passport date to leave of April 13th

What forms do we need to fill in to ensure I don't have to leave and can stay here? I don't have a criminal record, have my own money etc

civilservant

You should return to the UK - as you were married when you entered personally I think it would be very likely that they may determine that you had immigrant intent. A rejection of an Adjustment of Status application would possibly leave you deported and banned.

The right way to proceed is to return to the UK and begin the process for a CR1/IR1 visa. This will take around 10 months - at which point you can enter the US and immediately become a permanent resident.

ian-mstm

Can you please clarify where "here" and "there" are? You don't say, so it's difficult to work out which way you're going as the terms are rather nebulous.


Ah, so you're currently in the US, and I'm guessing you entered on the Visa Waiver Program.


You need to note the difference in the terms "... will move here" and "... can stay here". They don't mean the same thing. One of the problems with trying to adjust status (which is what you'll be doing) after entering on the VWP, is that if your adjustment is denied for any reason whatsoever (including the interviewing officer thinking you entered with the intent to stay - whether you actually had that intent or not), you have absolutely no recourse at all. No appeal process. Nothing. You signed away whatever rights you might have had when you entered on the VWP. You will likely be removed from the US, possibly held in detention, and incur a possible ban from the US. So... fair warning.

That said, your USC husband must file an I-130, I-864, and G-325A. You must concurrently file an I-485, I-131, I-765, G-325A, and I-693 (which your physician will provide). All the forms get sent together in one big package to the address on the I-485 having jurisdiction over the state where you live. All the forms can be downloaded from www.uscis.gov and each form requires supporting documentation. You can write one huge check for the total amount for fees.

Download --> read --> digest --> read again --> ask questions. That's the order in which things should happen. Do your research first, then ask about stuff you don't understand. You are about to learn a new language: immigration-speak, and it's going to take a long time to learn.

Ian

Britbabe0

Thank you for your responses. Is the VWP the same as coming here as a visitor/ESTA? When I entered at Newark I clearly stated I was spending my birthday (50th) with my husband and friends. I intended to be here two weeks only, the length of time of my ticket, but after discussion with my husband and him enjoying his job etc we thought it better if I could stay here rather than him uproot and move to England.

Pulaski

Maybe you did. The USCIS does not agree, at least not with the way you are contemplating going about it. Returning to the UK and going through the proper process of applying for a visa is the lowest risk, and most appropriate way to get from where you are (a visitor to the US), to where you'd like to be (a permanent resident and eventually perhaps a citizen).

Gozit

Yeah. Definetly return to the UK and start the visa process there... You will be apart for almost a year, but you will get instant PR status upon entry with the visa applied for from the UK, and you don't have the risk of instantly being deported from ESTA/Visa Waiver/VWP (they are the same thing)

As others have posted, when you entered on the VWP/ESTA you signed off your rights to have an adjustment of status without running the risk of being banned from the US... Go back to the UK and get your PR visa from there, so much easier.

Pulaski

No, she can still visit on the VWP while her visa is being processed. If she goes back now she could probably come back in a few weeks, spend 60-90 (88) days here, and there's a good chance IMO that she could get back in to the US later in the year for at least one more 60-90 (88) day visit.

Gozit

True... Only if they have the funds though

ian-mstm

They are not the same thing! ESTA is travel authorization in advance of asking permission to enter the US without a visa. ESTA is what gets you on the plane; the VWP is what gets you into the US. The terms aren't interchangeable.

Ian

ian-mstm

You keep using the word "move". In a nutshell, you can't move to the US without a visa that allows you to do that. If you didn't intend to stay in the US when you entered, the law makes allowances for that if you're married to a USC... but it still comes down to the interviewing officer and whether or not he believes you.

If you attempt to adjust your status and it goes belly up on you, you will very quickly find yourself in a dire situation. It doesn't happen often, but when it does happen - things go bad very quickly - and very seriously!

That said, you already have the form information you need to get started. Good luck to you.

Ian

Gozit

The OP was confused if ESTA and VWP are part of the same program, which they are. You need ESTA for the VWP and you need to be eligible for VWP to get ESTA... So in essence they are the same although they technically mean different things.

Gozit

And we have advised OP of the risks of applying from within the US... Yes she keeps saying "move" because she would like to move to the US! What other word should she use?

Britbabe0

We could have applied for adjustment as soon as I landed if we were dishonest.

I would be sacrificing a lot if I leave England. I have a disabled adult son and grandchildren in England, I cannot drive on the wrong side of the road, there are no buses and trains and transport system like the UK making me completely dependent on my husband if they allowed me to stay.

Hotscot

"I cannot drive on the wrong side of the road"

You'd be expected to drive on the correct side of the road. Why would that be a problem?

ian-mstm

I beg to differ. Someone using the VWP to enter the US doesn't necessarily need ESTA approval. Just ask any Brit who lives in Canada and crosses into the US at a land border.


No, you don't. Many people who are not eligible for the VWP get ESTA approved.


Never use the word "technically" when, in fact, you mean "actually". They are actually different things, and the terms can't be used interchangeably.

Ian