DavidS

Hi,

I have been visiting California on a regular bais now on the VWP with stays of 2-3 months under a government military authorisation and on tourist trips. I married in Oct and have come and gone under the VWP and have another trip planned and again have been authorised entry under the VWP but will return to the UK about a month later.

I am now wondering what actions are required to enable me to stay in the country as of my visit after this one?

can I apply for the I-130 whilst in the USA and submit the affidavit of support with it?

David

Sue

Hi David, I can't help you with your question, but just wanted to welcome you to BE

Noorah101

Hi David, Welcome to BE.

I take it your wife is a USC, and lives in the USA?

Your USC wife, at any time, can file the I-130 petition to get the ball rolling. You yourself do not have to be in the USA for her to do this, she just needs to have all the information necessary to file the I-130.

You cannot submit the I-864 affidavit of support along with the I-130. That step comes a bit later, after the I-130 is approved.

You cannot actually MOVE to the USA until you have your Immigrant Visa in hand, which takes about 8 to 10 months to process from filing the I-130 to getting the visa in hand.

Hope that clears up some of your quesions.

Rene

DavidS

Rene,

Thank you very much. Yes my wife is a USC. After filing the I-130, are there any other options for remaining within the US, as I wish to start a business after the I-130 hsa been filed.

David

Noorah101

You are currently outside the USA, correct? It is illegal to come to the USA on the VWP or tourist visa, with the intent to remain in the USA and adjust status.

So legally, the only option I can see is to start the I-130 going, and do the Immigrant Visa, which does not allow you to remain in the USA while waiting, and does not allow you to work while visiting during the wait. You would have to wait until you have the Immigrant Visa in hand, and use it to come to the USA, so you can live and work permanently in the USA.

Rene

ian-mstm

No... unless you qualify for some other type of visa.


Unless you have permission to work in the US, you won't be starting a business in the US anytime soon.

Ian