Mark_anderson_us @ Yahoo . Com

I'm a British Citizen and planning to marry my girlfriend who is a US citizen.

I travel to US on business regularly (spend 80% of my time here).

However, I'm not sure what the best approach is.

According to USCIS web site and various forums I have read there are a number of ways to do it:

I understand that my girlfriend has to file an I-130 (petition to bring an alien relative).

1. How long does this take (her processing center is Nebraska)

What I then need to figure out is how long before I can legally reside and *work* in US.

The USCIS web site says:

Generally, if your spouse is in the U.S. (through a lawful admission or parole) at the time you file the Form I-130, Petition for Alien Relative, your spouse may file a Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time.

I travel here under the visa waiver program (allowed here for 90 consecutive days). So if she files while I'm here on one of my business trips, I was assuming that entry under the visa waiver program (or on a tourist visa) is considered lawful admission. That said, on the I-485 application (part 2) it asks the reason why I am filing for adjustment of status, but none of the option seem to apply (i.e. there's no option to say I'm married to a US citizen)

My main question is can I stay and can I work while these applications are pending. To make it clearer, I'll add some dates.

I last entered US on Jan 15th, so I have to leave around April 15th.

If we got married at the beginning of April and she filed the I-130:

2. Can I file the I-485?,

3. Can I stay here while I'm waiting for the petition to be approved (beyond the expiration of my current tourist visa)?

4. Am I allowed to work?

I found the following on the USCIS which seems to contradict itself even more:

Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. ***It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work.*** Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.

5. Firstly, the I-129F is to bring a fiance in, so why would a US citizen fiel that when they're married?

6. This seems to suggest that I DON'T need a visa to legally live and work here "It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work.". So how do I come here to live and work without a K3?

Thanks in advance

Mark

Olivier Wagner

I would suggest you to marry her, and then have her to file I-130 in order
to go thru the immigrant visa.

Alternatively, you may go thru the K3 route.

I think that any other way wouldn't be suitabl for a frequent flyier like
you.

In the midtime, you can keep using the VWP as you don't plan to immigrate on
any of those temporary trips.

<[email protected]> wrote in message
news:[email protected]...
    > I'm a British Citizen and planning to marry my girlfriend who is a US
citizen.
    > I travel to US on business regularly (spend 80% of my time here).
    > However, I'm not sure what the best approach is.
    > According to USCIS web site and various forums I have read there are a
number of ways to do it:
    > I understand that my girlfriend has to file an I-130 (petition to bring an
alien relative).
    > 1. How long does this take (her processing center is Nebraska)
    > What I then need to figure out is how long before I can legally reside and
*work* in US.
    > The USCIS web site says:
    > Generally, if your spouse is in the U.S. (through a lawful admission or
parole) at the time you file the Form I-130, Petition for Alien Relative,
your spouse may file a Form I-485, Application to Register Permanent
Residence or to Adjust Status at the same time.
    > I travel here under the visa waiver program (allowed here for 90
consecutive days). So if she files while I'm here on one of my business
trips, I was assuming that entry under the visa waiver program (or on a
tourist visa) is considered lawful admission. That said, on the I-485
application (part 2) it asks the reason why I am filing for adjustment of
status, but none of the option seem to apply (i.e. there's no option to say
I'm married to a US citizen)
    > My main question is can I stay and can I work while these applications are
pending. To make it clearer, I'll add some dates.
    > I last entered US on Jan 15th, so I have to leave around April 15th.
    > If we got married at the beginning of April and she filed the I-130:
    > 2. Can I file the I-485?,
    > 3. Can I stay here while I'm waiting for the petition to be approved
(beyond the expiration of my current tourist visa)?
    > 4. Am I allowed to work?
    > I found the following on the USCIS which seems to contradict itself even
more:
    > Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?
    > If you are a U.S. Citizen, once you file Form I-130, your spouse is
eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her
to come to the U.S. to live and work while the visa petition is pending. The
Form to file for this benefit is Form I-129F. ***It is not necessary for
your spouse to obtain a K-3 visa in order to come to the U.S. to live and
work.*** Your spouse may wait abroad for immigrant visa processing. However,
seeking a K-3 visa can be a method for him or her to come to the U.S. more
quickly.
    > 5. Firstly, the I-129F is to bring a fiance in, so why would a US citizen
fiel that when they're married?
    > 6. This seems to suggest that I DON'T need a visa to legally live and work
here "It is not necessary for your spouse to obtain a K-3 visa in order to
come to the U.S. to live and work.". So how do I come here to live and work
without a K3?
    > Thanks in advance
    > Mark

Noorah101

Hi Mark,

It seems that you have some of the process confused. You are right, there are several ways for you to legally live and work in the USA, but you have some of the methods mixed up.....which is understandable....it is hard to figure out on your own, I agree.

Your best bet would be for you and your girlfriend to consult a competent immigration attorney who can explain your options in detail and in privacy (especially since you are here in the USA at the moment). Even a 1-time consultation to set you out in the right direction would be worth it. Might cost you around $100, but it would give you a clear understanding of the process, and which route would suit you best.

Best Wishes,
Rene
p.s. - are you really doing business here on the VWP? I don't think you're supposed to do that...you might want to double check.

Elvira

That's what I was thinking... Did he really mean that he is spening 80% of his time here, and doing business while he is here? Surely he is playing with fire?

ian-mstm

According to the DoS: "Nationals ... may use VWP if: ... the purpose of their stay in the United States is 90 days or less for tourism or business (if in doubt, travelers should check with the nearest Embassy or Consulate to verify that what they plan to do is considered tourism or business).

Ian

Elvira

Sure - but for 80% of his time??

Noorah101

Hmmm...I'm confused. I thought one wasn't supposed to work in the USA while here on the VWP? BUt maybe there are some exceptions. The OP doesn't say what he does business-wise while he's here. Perhaps he just can't earn money while he's here, or something like that...but doing some legwork making contacts or something would be OK.

Sorry if I was way off base with my thought.

I still think he needs to see an attorney regarding his immigration, though.

Rene

ian-mstm

I agree... but I'm just the messenger!

Ian

Mark_anderson_us @ Yahoo . Com

Hi All

Thanks for the replies. Regarding working here: I'm employed by our head office in Europe, but were starting to sell our product in USA and have a small office here (a secretary/telemarketing pereson).

I'm here visiting prospective clients, demonstrating our product, attending shows, working with partner vendors who show our prodcut, and finally negotiating contracts. This is all permissable under VWP (or B2). I can't actually work for a US company and can't get paid by a US firm.

The ultimate plan is that once we secure some orders here and can justify a full office, I will relocate and run it, but I don't want to wait that long for something that may never happen, and I don't want a visa that ties me to one company (e.g. L1, H1). I may actually leave the company in the near future.

Can anyone recommend a good immigration attorney in Chicago area?

Thanks

Mark.

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posted via:
http://www.visaforyou.org/eng/

Bob

www.aila.org would be a good place to start