Immigration woes
 

Good afternoon/evening!

I was hoping to get some further opinions/advice on my visa situation. It's possibly a little long winded and maybe lacking a little clarity but i'll endeavour to keep it as brief as possible and thankyou for any help in advance.

My fiance and I currently live in Dallas having recently reloacated from Columbus, Ohio. We met and lived together in Spain and have been in a relationship for nearly five years. After much deliberation and discussion we have decided to try and make a life here in the US opposed to my native UK (i'm a British Citizen).

We're currently assessing our best option at remaining together here in the US after many, many months apart due to the pandemic and other situations. We've been told by many that the most viable option is marriage which is something we've considered anyway and we're ready to commit too. Our main concern is any legality issues we may face and also the dreaded prospect that:
A) I won't be able work for a considerable amount of time.
B) It's unlikely I won't be able to leave the country for an even longer period than above.

I'm currently here on an ESTA visa which runs until the end of this month (31/1/2021) but our intention is to get married here in Dallas asap, we had intended to in Columbus but a quick relocation put an end to that. My main concern is centred on the fact that despite being married, i'd be overstaying my ESTA "allowance" for lack of a better word and any further complications or difficulties that may arise from that. We have had a meeting with an immigration lawyer who we intend to use going forward in the application process, and he has assured us that in spite of being considered an "illegal alien" i would not face the possibility of deportation due to the fact that i'm legally married to a US citizen and any deportation would be illegal/against any constitutional rights.

If i remember correctly we will be applying for a K1 visa and possibly a I130 although at this precise moment I can't entirely remember.

Ultimately i'm just curious if anyone has experience with a similar situation or could impart any further knowledge that would help to put our minds at ease.

Many thanks in advance for your help,

Ash

Re: Immigration woes
 

Some simple questions

Is your fiance a US citizen, or LPR

ESTA is not a visa just an electronic authorization to enter the US under the visa waiver program. When did you enter the US and how long have you been here. Did you really mean the ESTA expired in 2021?

Re: Immigration woes
 

Apologies,

Yes My Fiance is a US citizen & I entered the US on the 5th November 2022.

Re: Immigration woes
 

You don't LIVE in Dallas, you are visiting when on an ESTA/VWP
From the sounds of it - we had intended to marry in Columbus but a quick relocation put an end to that - you intended to marry when you entered the US on the VWP program.
Regardless of what the immigration lawyer says there is always the risk that your application gets refused because it looks as though you entered on the VWP with the intention of marrying and applying to stay. ie. fraudulently using the VWP program.

The correct way of doing it would be to marry in the US and you then return to the UK and apply for the spouse visa.

Both a and b would be applicable if you applied while in the US....

Re: Immigration woes
 

When you do as SanDiegogirl suggests, at the end of the process you arrive in the US with the correct visa and able to work from day one. (And you are allowed to visit while the process is ongoing.)

Re: Immigration woes
 

Would you mind providing any further reading or explanations to this please as at present all i've seen/read is how difficult it can be to visit and could also cause any visa applications to be cancelled or reset.

I really appreciate the help, thankyou.

Re: Immigration woes
 

Research the CR-1 Immigrant Visa for Spouse of US Citizen. Www.uscis.gov.

After marriage, your USC spouse files an I-130 to get the ball rolling. You return to the UK before your current 90 days is up. Eventually, after more paperwork processing and a medical exam and interview in London, you receive an immigrant visa. When you enter the USA using the immigrant visa, you become a US permanent resident immediately, with the right to live and work in the USA from Day 1. This process can take up to a year, but you are allowed to visit the USA using the VWP (as long as you haven't overstayed any VWP trips). The trick is to not make back to back trips, otherwise it looks like you're trying to live in the USA as a tourist, which is not allowed.

I'm not sure where you are reading that it's difficult to visit.

Rene

Re: Immigration woes
 

Never seen anything actually official (USCIS) regarding whether you can or cannot visit while visa is being processed. ....
.... but there have been several posters who have done so.
Below is an immigration lawyer's website and they discuss visiting while waiting for your visa. (Note: you won't have to apply for a tourist visa as you are eligible for the VWP program) ...you just have to convince the border official you will not stay in the US - job/accommodation in the UK will suffice.

https://www.lawfirm4immigrants.com/v...or-green-card/

Re: Immigration woes
 

Thankyou Rene, appreciate the explanation.

With regards to reading it's difficult to visit - it may just be my interpretation of what i've been told/read (including the article shared below by SanDiegoGirl) that during any interviews with Border officials ,if they deny entry that it can have a negative impact on the green card process, even as much as cancelling the process entirely. Maybe i'm entirely mistaken but it's certainly a situation i'd like to avoid and just looking for some reassurances!

Thanks again, Ash

Re: Immigration woes
 

Thankyou for the help SanDiegogirl

Have you any recollection if these posters had any particular issues reentering the US? Or is it generally considered a feasible option to visit under the VWP whislt a Green card application is processing?

Thanks again

Re: Immigration woes
 

It's absolutely feasible, there's even a sticky thread about it (above). If you search the forum you'll find lots of info from others who've done exactly that whilst their application is underway.

Good luck.

Re: Immigration woes
 

Visiting on VW/ESTA depends on your entry record and other circumstances.

You have already posted “My fiance and I currently live in Dallas having recently reloacated from Columbus, Ohio.”

VW is for visits not living here. Assuming you stay for close to the full 90 days you should wait around the same length of time to minimize the risk of a denied entry.

A 90 day stay may already lead to officers to think you may have been living and or working here.

How do you support yourself while you are here? Do you have a UK job you are working for remotely? Not having a job can be one of the red flags for no stony ties to the UK, as can no rental or owned property… etc

Being married to a USC does not give you instant status… many have to be apart for a significant time to go through the legal process.

Re: Immigration woes
 

Great, i'll have a further look on the forum.

I appreciate it, thankyou!

Re: Immigration woes
 

If you have an immigrant visa process going on, and you get turned away at the POE while trying to enter on the VWP...it does NOT cancel your immigrant visa process.

​​​​​​​Rene

Re: Immigration woes
 

It is very easy to enter the US while your wife's petition and then yours is pending. As for "interview" all you will be asked at entry is probably the purpose of your trip. Answer honestly, to visit your wife and show a copy of the I-130 which she has filed for you. In 25 years, I've not heard of anyone having their pending petition cancelled at any POE in the US. I don't know who you have been speaking with or where you have been on the internet to read this erroneous information, but it makes me think that perhaps English is not your first language because of your confused interpretations.

Can we give you reassurances? We can tell you what we have seen others experience over the last two decades but not even an immigration attorney can give you a guarantee. The process seems long but it is really quite simple and the only issue I feel that might be a problem is when the I-130 have been approved and it is sent to the National Visa Center where your wife will have to file an Affidavit of Support (186) for you. She needs to file this regardless of whether she qualifies to financially sponsor you or not. If she is not qualified, then she will need someone to file their own I-86 for you along with hers.