robUK81

Trying to search and read all the various methods and scenarios in this forum is very complicating and difficult on a mobile phone.
So I apologise if I'm asking an already answered question but really need some help.
Basically I went to visit my gf on the vwp. It wasn't exactly something we had planned for just yet but we decided we wanted to get married which we are now legally married. I am a UKC and she is a USC, and I shall be looking to migrate to the USA to be with my wife but understand there is a process to follow but all very confusing.
Please can somebody explain in a nutshell which form/visa we have to complete to get the process started. I understand a spousal visa is needed but we also understand there is an l-130 that needs to be completed first??

Many thanks in advance

Noorah101

So, you are currently in the USA, on a VWP visit, and have gotten married to your USC girlfriend.

What is your plan now? Do you need to go back home to tie up loose ends? Or are you trying to remain in the USA on this particular trip?

If you intend to go back to the UK before your VWP visit ends, you need to research the "CR-1 Immigrant Visa" process.

If you are thinking to stay in the USA on this trip and adjust your status to permanent resident (i.e. NOT go back to the UK), then you need to research "Adjustment of Status (AOS). If you plan on doing this, you should also have a consultation with an immigration attorney, because this path has pitfalls if your case gets denied.

The I-130 is part of both paths (CR-1 Immigrant Visa and AOS), but other things also need to be filed along with, so first decide which path you want to take, consult with an attorney if necessary, do the research required for the path you choose, then come on back with any questions.

Rene

Noorah101

I agree. In the future, it's best not to use a mobile phone for this type of research.

Not really, no. Immigration can't be explained in a nutshell.

Rene

jeffreyhy

Form I-130. It seems that you know more than you realized. Indeed. Stop doing your research using a smart phone and use something with a bigger screen. It will work much better for you.
Regards, JEff

jeffreyhy

True, but his question was, "can somebody explain in a nutshell which form/visa we have to complete to get the process started." (The emphasis is mine.)

Regards, JEff

robUK81

Yes I have a business back in the UK and loose ends that need to be tied up. So I shall be returning to the UK 10 weeks before my 90 days are up.
I fully intend on doing everything the right way as to not upset immigration. I know it will be a long slow process but need to know the correct path to go down.

Thank you Rene and Jeff for your response

Noorah101

In that case, go to www.uscis.gov and read the form and instructions for the I-130.

Rene

jeffreyhy

Yes, good advice from Rene, and then go to the NVC's Immigrant Visa Processing web pages at travel.state.gov and read about what you will have to do after the I-130 has been approved.

Regards, JEff

robUK81

Thank you ever so much for the advice. I arrived back in the UK today and both of us endured a very emotional time saying goodbye. We are getting the wheels in motion for the I-130 but I'm a bit concerned about the processing time and the fact I will not be able to visit my wife whilst the petition is being approved.
Can you offer any advice on this please? What is the best way to do this and not be apart for eternity?

Rob

SanDiegogirl

You can VISIT your wife while the spouse visa is being processed. You can go on the VWP.

Just show that you intend to return to the UK - return ticket, commitments etc.

robUK81

Thank you for shining some light at the end of what seems a dark tunnel. I've been really worried that I wouldn't be able to see my wife for a long while which would be devastating. Again thank you for your advise and I shall make sure I have all the necessary info to show I intend to return to the UK until such time that the I-130 is processed.

Regards
Rob

Noorah101

You mean until such time that you have your immigrant visa in hand.

The I-130 being processed is only the first part of the journey.

Rene

robUK81

Yes Rene until the I-130 is approved and the NVC have contacted regarding the relevant visa and the said visa being authorised.

Rob

jeffreyhy

Where did you pick up this bit of mis-information? We need to warn people to stay away from that source.

Regards, JEff

robUK81

Being an entirely new experience that I never imagined I would go through its all very daunting and feels like I have a mountain to climb but the end result will be worth all that can be thrown at me. With that Google isn't always your best friend and you read different things that poison the mind and sends panic throughout.
Thankfully I have found solice in some very helpful knowledgable people such as yourself and the other kind people that answer what may seem very stupid questions but I'm afraid I'm a complete novice as far as immigration goes.

I really do appreciate all the help