Festus

Hello! Hope someone out there can give hubby and I some good advice. Back ground info : We met online in 2004, met in person in 2006, married in 2010. I'm a U.S. Citizen and my husband of 5yrs is a UK citizen, we are both previously divorced with kids. We have had ill parents to care for and children to finish school (one has Aspie) before we went thru the process. We married at the last minute at the court house while my then boyfriend was over on a vacation. My father was terminal and he wanted to see us married. So fast forward five years and we have been going back and forward visiting each other over the years to each other's countries never staying past the 90 days. We finally hired a lawyer and have done the paper work. My sister is an additional sponsor because I don't make enough money. Our lawyer who is 85 (looks and sounds like matlock) (works at home) and a really nice guy just lost his wife of 50 +yrs. Every time we see him he gives us different answers. I am heart broken for him and we feel like we can't just quit the guy. We have already paid him most of the money. Can we file for change of status on the visa waver he came in on ,in the middle of the 90 days of his stay and what if it's not completed before the 90 days are up? Will we have problems if he stays after that time? Should he just go home and file in UK Or come back in the USA after a few months and Reset the time. Not sure if lawyer is up to it or not. He is telling us he can stay here as long as it takes. Is that true? Help!

ian-mstm

The term is "joint sponsor".


Don't let your emotions get in the way. If you're getting conflicting answers, drop him like a hot potato. He will ultimately do you more harm than good.


It is illegal for your husband to enter the US as a visitor with the intent to stay to adjust status. Now... will they find out? Perhaps, perhaps not. Is it worth the risk? Probably not.


He is giving you bad advice, bordering on a crime... time to drop him. This process is easily doable on your own and many of us, me included, have successfully navigated the US immigration process without a lawyer.

Where are you in the process? What forms have been filed? Immigration is a 2-step process... first the USC spouse files an I-130 petition and once that's approved, the non-USC spouse is invited to apply for the visa. So... what has been done so far?

Ian

Noorah101

You say you have "done the paperwork". What exactly is that? Which forms have been filed? Where are you in the process? I assume you have begun the Immigrant visa process?

I suggest not changing paths now. Just continue the one you've started and see it through till the end.

You probably are best not using the lawyer from now on. You can do the rest of the process on your own. We are here to help answer any questions you might have.

Rene

Festus

Did anybody ever tell you your awesome? Thank you for your response. The lawyer is suppose to file this week. We have just started, so no forms in the system yet. He wants the 1490.00 filing fee, we have done the medical(sealed) all the tax forms and joint sponsor forms ,photos , etc . So the I -130 has not been filed yet. So what your saying is he needs to go home before his 90 days. I file the I-130 while he is home or he goes to the USA embassy London and files for a visitors visa ? ( stays longer then 90 days in USA) Then he comes over and we change his status? This crap is so confusing and my gut was telling me something was not right. Why is it so hard for people to be together? It all seems so scary if we get it wrong. I have read over again what you said and its , fire lawyer, hub returns home and I file the I-130 then wait for response then he can come over? Or he then applies for the visa( visitors visa?) back in the UK. Then can come over? I know it's sounds dumb and you must get this stuff so many times, sorry. Your an angel.

S Folinsky

Like any professional relationship [e.g. doctor patient], there is nothing wrong with obtaining a second opinion.

Pulaski

It is only as confusing as you want to make it.

1. You determine what visa you are qualified for (in your case marriage, IR-1),

2. You file the paperwork while the immigrant-to-be is living outside the US (visiting the US during the process is allowed),

3. When the visa has been given, the immigrant travels to the US.

It only becomes complicated if you diverge from this sequence of events.

civilservant

DO NOT try to get a B2 visa and adjust status. He likely will be refused, and even if he is granted one and enters the US, he will have committed a crime by entering as a visitor with the the intention to stay.

Him returning to the UK and waiting it out is your only bet at this point, yes it'll mean the best part of a year apart, but at least you will be doing it the safe and legal way.

Pulaski

He doesn't need a B2, be is already traveling on the VWP. ..... And doing it the right way does not mean a year apart as he can still visit on the VWP, at least a couple of 80+ day visits, or more shorter ones.

As long as he has his IR-1 progressing, so the CBP immigration officals can see that he is "doing it the right way", IMO he is relatively unlikely to have issues making several VWP visits while his visa is being processed.

civilservant

Agreed - I meant to imply another year living apart, rather than a year of not seeing each other.

The OP mentioned applying for a B2, I was saying that's not the way to go.

ian-mstm

Umm... he can't have done the medical yet - because he needs the LND# to schedule it, and he won't have the LND# until after the I-130 is approved - which won't be for a few months. If he's in the UK, the medical must be done at Knightsbridge in London. He will need an ACRO (police) certificate prior to having the medical... which is why it's unlikely that he's had a proper medical.


Yes.


You can file the I-130 right now if you want. He doesn't have to be home for you to file. He should not attempt to get a visitor's visa. It will likely initiate an unfortunate chain of events, effectively rendering him unable to visit you during the process - and he is allowed to visit you during the process.


It's not hard at all... unless one of you needs an immigrant visa. Even then, it's not really hard... just time consuming.


I appreciate the kind comment. Thank you! You need to educate yourself about the process and you're going to learn a new language: immigration-speak... and it will take time to get the hang of it.

One more thing - are there any plans for his kids to move to the US? That will require extra steps... but that's why we're here!

Ian

Pulaski

Maybe you could change your profile tag line to that?

ian-mstm

Not bloody likely! Who would believe it?

Ian

Festus

Thank you for the responses and grateful for your experience. We have decided to see another lawyer( free consultation) younger and more with it, then figure out a way to gently let our matlock go. I hate doing that after his wife just passed away two weeks ago. My hubby will have to go back in early sept. (At least he can get his sausage fix when he is back home...and what's wrong with jimmy dean sausage? Lol ). We are located in the south and there is limited immigration lawyers around here. I am going to read the dickens out of this web site and with any help we can get from you angels would be great! Might be doing it for ourselves. Xoxo let you know what happens next.

Pulaski

From what you said, you're on a relatively low income. Unless your husband has a criminal record, a drug habit, or other severe complicating circumstances, save your money and do it yourself.

In fact it is probably psychologically easier to tell ol' Matlock that you're doing it yourselves than going to another lawyer.

Owen778

if the lawyer intends them to adjust status from the visa waiver program in the US, then yes, she can already have done the medical. Unfortunately, that's a waste of money if they end up doing it the right way and applying for the CR-1 from the UK.

I will point out, though, that the OP hasn't said she intended to stay when she most recently entered the US. Attempting to adjust from the VWP is legal in some cases.