Already married to usc, wanting to move now
 

OK, i was in Vegas in April and married my wife who is an american citizen. Since then she has been to visit me in Ireland for a couple of weeks. Next job is for me to move over there for which we are currently saving our pennies.

Could i just go for another holiday and adjust my status? If so, what should/ shouldn't i do? I do for example have a few boxes of belongings to ship over as well as my dogs. Would it be best to ship them before or after my flight?

I understand that its best not to have anything in my bags that might indicate that i am planning on staying, which would include the i130 etc forms. How far should i go with this? Hiding my wedding ring for example?

Criminal history question: On one of the forms there is a question asking if i have ever been arrested that i provide official documents from the court. My problem is that it was 30 ish years ago and the court is now an old peoples home, i have tried calling neighbouring boroughs, the police, various councils and the crb people, all to no avail. Should i just say that iv never been arrested or should i tell them the above?

Thanks in advance, Kev

Re: Already married to usc, wanting to move now
 

It is illegal to represent yourself at the POE as a tourist if your real intent is to adjust status and remain in the USA.

Answer all questions honestly. If the question asks if you have ever been arrested, and you have, you must check yes.

Rene

Re: Already married to usc, wanting to move now
 

You need to get the spouse visa before you move.

What you are thinking of doing is illegal. If you enter the on the Visa Waiver Program and then apply to adjust status, the authorities may decide you intended to stay and adjust status when entering, refuse you the visa and you'll be back to Ireland on the next plane. NO appeal.

You wife needs to sponsor you.

Bringing Spouses to Live in the United States as Permanent Residents | USCIS

Re: Already married to usc, wanting to move now
 

Once you have started the process from Ireland it is perfectly OK to visit your wife in the US using the visa waiver program, but you will have to return to Ireland after no more than 90 days on each visit (you could visit multiple times during the visa process), and in any case for your medical and visa interview.

Please be aware if you were to try to adjust status from the VWP, if your (illegal) plan fails you could be banned from entering the US for three or more years, no matter that your wife is a USC living in the US.

Re: Already married to usc, wanting to move now
 

General comment:

This has been discussed on immigration attorney chat boards [and one private FB group. ]

It might be a good idea for OP's US wife to have an in person consultation with an experienced immigration lawyer. The ethics rules will require an attorney to advise that the course of action is against the law; it will allow her to also advise what might happen if the advice is not followed.

Please note that such consultations are "privileged" and the attorney will be prohibited from disclosure. It may very well be a good idea not to publicly disclose the contents of the consultation.

Furthermore deponent sayeth not.

Re: Already married to usc, wanting to move now
 

So am I right in thinking that if we apply for a spouse visa I could move and stay? Or apply for the green card then do a series of visits until the green card is issued?

Re: Already married to usc, wanting to move now
 

If you obtain the spouse visa then, yes, you move and stay.

Your spouse visa leads to the green card.

Your wife has to sponsor you so there are some financial requirements to follow. You can visit during the process.

Read the link I gave you.

Re: Already married to usc, wanting to move now
 

I didn't see that before, thank you 😊 I think that's what I'll do then as I'm anxious to get over there now. We've been apart to long. I will get to a computer tomorrow and Google the ins and outs of spouse visas

Re: Already married to usc, wanting to move now
 

You should be able to find all the info on this forum. Good luck with it!

Re: Already married to usc, wanting to move now
 

It sounds as if you are misunderstanding -- applying for the spousal visa doesn't permit you to move immediately. You move when you have gone through the process and the visa is granted, although you are free to visit in the meantime.

Re: Already married to usc, wanting to move now
 

Yes, once you have the immigrant visa in hand, you move to the USA and stay there. You receive your green card at the POE.

The whole immigrant visa process takes about 8 to 10 months. You can visit the USA while the process is going on.

Rene

Re: Already married to usc, wanting to move now
 

The way we both feel at the moment is that time is most important. It's been long enough already. Neither of us want to wait another 8+ months

Re: Already married to usc, wanting to move now
 

Unfortunately that is the way the system works. Try to flout the system at your own risk.

Re: Already married to usc, wanting to move now
 

Oh I'm not going to do anything to put the future in any jeopardy

Re: Already married to usc, wanting to move now
 

No choice I'm afraid if you want to live in the US legally.

Re: Already married to usc, wanting to move now
 

Unfortunately that's how long it takes. You'll have to be content with visiting each other in the meantime.

Rene

Re: Already married to usc, wanting to move now
 

Remember... Immigration is a privilege... not a right!

It really sucks having to wait and having absolutely no control over the process but that is the price we pay to achieve what we desire.

Best of luck.

Re: Already married to usc, wanting to move now
 

When I said
"The way we both feel at the moment is that time is most important. It's been long enough already. Neither of us want to wait another 8+ months"

It was in reply to a comment (that I can't find now) that seemed to say that there are two visas available, one enabling me to come quicker but wouldn't allow me to work and other takes longer but I would be able to work straight away.

If that were the case then we would prefer the quick option

Re: Already married to usc, wanting to move now
 

Sorry, that was me. I suggested a K-1 visa route because it's a bit quicker (only 6 to 8 months), but then realized you're already married so you don't qualify for that visa anyway. When I realized that, I deleted my post since it didn't apply to you.

Rene

Re: Already married to usc, wanting to move now
 

No worries 😊

So, just to get it clear in my own head ..... We need to apply for a spouse visa and once we have that I can visit for up to three months at a time?

Re: Already married to usc, wanting to move now
 

No! The USC files an I-130 to get the ball rolling. At any point, starting now, you can visit the USA on the VWP as you normally would. Eventually, about 8 to 10 months from now, you will get an immigrant visa which means you can then move permanently to the USA.

Rene

Re: Already married to usc, wanting to move now
 

If he is going to be away, does he need to be sure that someone is checking the mail at home to ensure that he doesn't miss any appointment notices, etc.?

Re: Already married to usc, wanting to move now
 

Yes, it's always a good idea to have someone checking the mail back home, although he won't hear anything for the first several (maybe 3 to 5) months. Actually I highly suggest doing one visit to the USA while the I-130 is processing, and then staying in the UK for the remainder of the visa process after the I-130 gets approved.

Rene

Re: Already married to usc, wanting to move now
 

During the process, everything I received came via email, and then eventually a hard copy via snail mail

I wouldn't worry to much about missing the mail

And just so you know I continued to visit on an esta for the 13 months it took my case to complete

Re: Already married to usc, wanting to move now
 

Seeing that you would prefer the quick option, I am puzzled as to why you disregarded the suggestion proffered by our learned friend, Mr F...

Re: Already married to usc, wanting to move now
 

I haven't disregarded Mr fs suggestion, nor would I disregard the suggestions of anyone good enough to offer their help.
She is going to go see an attorney, in fact next time I visit we may well go together.
Unfortunately she isn't in a position to be able to go yet as she is currently recovering from a major operation.