RobWales

Hi there,

In brief, I (UK citizen), entered the country recently and married my US girlfriend of 2.5 years. I entered on a tourist visa.

We would like to remain in the US long term, and understand we need to complete the spousal visa application to achieve this. However, we would like to briefly return to the UK for 1 month to celebrate with family there are tie up some outstanding work.

Our question is, is it legal to re-enter the US as a tourist and then apply for permanent residency? Or is it possible to begin the permanent residency process now, leave for the UK and then return?

Any help would be gratefully appreciated.

Rete

No. You leave to celebrate without USCIS permission (advance parole) or without a greencard and remain outside of the US and your wife within the US until you are approved for an Immediate Relative Visa at the US Consulate.

If you remain inside of the US you will not be applying for a spousal visa. That can only be issued abroad. You would be staying to adjust status to a permanent resident, i.e. green card.

If you start the AOS now, you might be able to leave the US with an approved Advance Parole in about 90 days.

Noorah101

You actually entered on a B-2 tourist visa? Not the VWP?

That's one option. The other option, if you did not intend to remain in the USA when you entered the US POE, is for you to apply to adjust status to permanent resident.

No. If you know ahead of time that your intent is to apply for permanent residency, you cannot enter as a tourist with that intent.

You can begin the permanent residency process now, but you won't be able to safely leave the USA until you have Advance Parole (AP) in hand. It takes between 60 - 90 days to get AP in hand after filing Adjustment of Status (AOS).

So, if you don't mind waiting a few months for the trip back to the UK, you can file AOS now. If you're in a hurry to have the party back in the UK, then get married in the USA, but then return to the UK to do the Immigrant Visa process. It takes 8 - 10 months to complete that process, but you are allowed to visit the USA in the meantime.

Rene

Speedwell

If you do not already have another kind of visa, you are limited to visits of less than 90 days on the Visa Waiver Program, and the rule of thumb is to leave periods of time between visits at least as long as the time you spent in the US to avoid accusations of abusing the VWP and possible refusal of entry (not to mention possible tax consequences). My husband and I chose to marry before we applied, and he did visit me for one visit of 85 days while the I-130 was processing.

Nothing in US law prevents the US citizen from visiting the UK citizen while the applications are being processed, either.

ian-mstm

Did you actually have a visa, or did you enter on the Visa Waiver Program (with a valid ESTA)?


That's certainly the less risky of the two possible routes.


No. It is illegal to enter the US as a tourist with the intent to remain to adjust status.


Yes - but with those cautions that the others have already mentioned.

Ian

RobWales

Wow, thank you for your feedback. I did arrive on a VWP. With what I've learned I have devised a new strategy, do you see any problems with this plan:

12/20 wife applied for marriage license
12/27 I (uk husband) arrived to America on a VWP
12/31 married
1/13 wife submits I-130 petition for alien relative & affidavit of support (I-864)
1/20 husband and wife fly back to UK
2/25 husband/wife return to US
3/25 husband returns to UK until all consular visits completed and I-130 is approved.

If my intent was not to remain permanently after the wedding, does it allow us the flexibility to travel as stated above while I fulfill my visa obligations in the UK and wait out the final decision?

Thanks for the guidance.

Noorah101

The I-864 does not go with the I-130, it gets submitted much later, at the NVC stage of things, after the I-130 is approved.

Assuming husband on the VWP again, right? You might have issues traveling twice so close together, but you can try.

I-130 will be approved first, and then consular processing will begin. Total time from filing I-130 to visa interview is probably around 10 months or so.

Yes. Basically you'll be doing the Immigrant Visa process, which allows you to visit the USA while waiting.

The only thing you can't do is enter the USA as a visitor with the intent to remain and adjust status in the USA.

Rene

civilservant

You can certainly attempt to enter the US while your visa is processing - of course you must still statisfy all the requirement to be admitted on the VWP.

S Folinsky

<sigh> I suggest you consult with a competent immigration attorney. Your questions delve into area best discussed in the privacy of a lawyer's office.

Furthermore deponent sayeth not.

hungryhorace

I don't agree with this approach. If when you arrived, you had no intent to marry, then I would perform the following:

1. Ask your wife to complete an I-130, g-325a and I-864 (The I-864 goes with YOUR adjustment of status bundle, NOT with the I-130 as Ian prior pointed out)
2. Complete a I-485, I-131, I-765, I-864a (if required), I-693 and g-325a
3. Submit both paperwork bundles to USCIS (ie, file concurrently).
4. Wait for your AP to come through (mine took 60 days)
5. Then travel to the United Kingdom if you REALLY wish to.

Personally, I would stay in the US until my case to adjust status to LPR was adjudicated on (which is what SF is referencing I suspect). But that's me.

Noorah101

Just to point out that it's OK to have the intent to marry. One should not have the intent to remain and adjust status to permanent resident after marriage.

Rene

hungryhorace

Sorry, good point! Should have written 'intended to marry AND stay'.

ian-mstm

When, exactly, did I say this?

Ian

hungryhorace

Apologies, just re-read and it was Noorah.

Noorah101

I don't think I said that either.

Rene