HELP NEEDED
 

American wife (applicant) trying to figure out the best way to apply for her British husband (beneficiary) to live in the US

Relationship began: 11/27/11
His first US visit: 6/9/14
Married in the US: 7/15/15
Applicant moved to UK: 2/22/16
Applicant moved back to US: 10/16/18

So here goes nothing:
Back in 2011 I met my husband on an app for sharing things anonymously. We started speaking regularly for a few months but broke things off for about two years. In December 2013 we rekindled and in June 2014 we met for the first time face to face when I picked him up at the airport for a ten day trip to be my date for my sisters wedding.

Fast forward though a year of flying back and forth spending thousands on trips to see each other, we decided to get married. On July 15, 2015 we got married outside the courthouse of a small town in Massachusetts with a JP and two witnesses. We shortly after applied for me to live in the UK and were granted a spouse visa for 2.5 years there. I moved on February 22, 2016 and we lived happily in a flat above a shop in a small village in Oxfordshire.

Our fairy tale came to a grinding halt when a few months before my visas expiry date my mother in law was diagnosed with terminal cancer. After much consideration and a lot of weighing pros and cons, we decided it would be best for our future to not renew my visa and both move back in with our parents in separate counties to save money and prepare ourselves for a life in the US. My husband took care of his mother until she unfortunately passed away in February.

We are now looking at our options to get him over here smoothly and swiftly. We don’t have children or any other assets so moving is a simple process for us. I also have a rock solid family support system for him to be welcomed into upon moving to the states.

Option 1: I-130, could take 6-12 months but will allow him to work upon arriving in the US

Option 2: k3 visa, nonimmigrant but allows him to get here sooner, down side is we don’t know much about it and if we qualify and to be honest we cannot adore a lawyer and didn’t need one for the last visa.

I want to be absolutely clear on our options and do whatever has the most successful chance and no hiccups. I’m aware that no two cases are the same but if anyone has any advice or experience with something similar please share it with us.

Re: HELP NEEDED
 

Hi brooks, Welcome to BE!

The K-3 visa is no longer applicable, as the I-130s are now being processed faster, so the K-3 does not bring him to the USA any sooner. The K-3 was applicable many years ago when the I-130s were taking YEARS to process.

So now, your only option is the spouse immigrant visa (IR-1 category because you've been married longer than 2 years).

You will file an I-130 to start the ball rolling, and then the whole process takes about 12 months to complete. You are correct in that once he arrives in the USA on his IR-1, he becomes a US PR immediately and can work from Day 1.

Let us know if you have any questions about the IR-1 process. You can research CR-1 (which is more common on this forum), but the process is identical (only difference is length of marriage).

Rene

Re: HELP NEEDED
 

is it possible for him to come to U.S on a ESTA visitors visa and change his status within the 90 day period.
as 12 months is a long time to be apart

Re: HELP NEEDED
 

No, VWP is for visiting not immigrating.

12 months is optimistic, 15 months would be nearer the norm. Assuming no hiccups.

Moving to the UK is usually much quicker.

Re: HELP NEEDED
 

No. It is illegal to enter the USA as a visitor with the intent to adjust status to permanent resident.

However, you can both visit each other during the visa process. So you can still see each other.

Rene

Re: HELP NEEDED
 

You've been apart for a while, 12-15 months is only a little time longer.

Do not try the above, or you might be apart forever and he might end up being banned from the US for good.

Re: HELP NEEDED
 

There is no option 2, as advised above.

Beware of anyone who advises trying to adjust while in the US on the VWP, as in addition to the above-advised legality issues, in the best case scenario he will be land-locked in the US (banned from returning if he left, no matter his marriage to a USC), and for an extended time will be unable to work …. meaning a year or longer.

Re: HELP NEEDED
 

Didn't you do DCF? That isn't applicable here and should not be mentioned. The spouse lives in the US.

Re: HELP NEEDED
 

good point - post deleted :-) ill get back to my lunch now