coops9999

Hi All,
Hope someone can help with this.... My USC wife and I are planning to move to the US in October, she has been in the UK for 2 years now, we married in September '06 her UK Visa expires October 28th '08 so we would like to move Stateside before then. We were all set to DCF through London but we have only got everything together to apply now, my question is should we still apply via DCF or can I travel to the US and apply for change of status when there? If so do I require any type of visa before I go or what kind of time period can I stay during this process and how long does it take, and can I work? Time just got away from us as we had some family issues in the UK so didn't know if we could definitely go or not so didn't want to start the procedure, and pay, until we knew for definite. I have searched around and am having difficulty getting definitive information and the people on here have always been very helpful.

Thanks Again.

fatbrit

Search the forum for "10-foot pole".

Ray

Yes ..... make your life less worriesome

ian-mstm

Yes!


You could do that if you wanted... say, to commit a crime.

Ian

meauxna

I don't understand your logic exactly...
You have run out of time so now you want to know if you should just chuck the legal method and do what you want?
You can not 'just' go to the US and apply for a change of status.

DCF cases take about 4-6 months.. many right on "5". Once your wife has filed the I-130, she does not need to remain in the UK until you get your visa; she can still leave on time to avoid her own visa thing there (or try doing a flagpole and being readmitted as a tourist).

coops9999

Hi Meauxna, I was just querying if there was another way to enter the US if our visa application was not processed in time, I have seen some other posts relating to 'change of status' and I was not sure how people arrived in that situation... how did they get to the US in the first place.. I was not aware that my wife could go before the process was completed... I take it I have to remain in the UK until all is finalised? Apologies if my post read like I was trying an 'illegal' move.... wasn't intended.

Noorah101

Very basically, it is illegal to come to the USA on the VWP or visitor's visa (or any other visa which doesn't have dual intent), with the intent to remain and adjust status. So you can't legally go down this road of coming as a visitor and intending to adjust status. The people who did that came on some other visa which was specifically for marrying and remaining in the USA (K-1 fiance visa), student visa, work visa, or came as a visitor with NO intent to remain.

You should still continue the DCF process, with any luck you will have your Immigrant Visa right around October. And as stated, if necessary, your wife can come over to the USA ahead of you, you'll follow when you get your Immigrant Visa in hand.

Best Wishes,
Rene

meauxna

heh, yeah, too much text-only.. I wasn't meaning to point that quite 'so'.

The term you're looking for is Adjustment of Status (change is something else) and it is available for people in the US on some non-immigrant entry options after they marry a USC. However, preplanning to do it this way is not up and up, as Noorah notes.

We did the DCF filing.. after years of reading other people's stories, I think it's the best thing going! If you have all your I-130 pepers ready now, your wife can get that mailed in and get it started. That is her part in the UK done!
You will be left behind to apply for the visa, and you have to stay living in the UK until you get your Immigrant Visa.
You can, of course, visit the US while you're waiting. All the usual entry caveats apply.

I'll refer you again to the DCF article that explains the outline: http://www.familybasedimmigration.co...read.php?t=824

If you get I-130 in the mail now, you won't be far behind your wife's deadline.

coops9999

Thanks Guys, I'll let you know how it works out.

cuckoofrommars

It has taken me exactly 4 months between mailing off my I-130 application and my scheduled interview date. That's not very long really.

coops9999

Thanks for that cuckoofrommars, makes me feel a little better.

BritishGuy36

Yep, 4 and a half months for me from I-130 filing date to interview date (which is coming up in a couple of weeks).