Jack_Carpenter

Hey, I signed up today due to people receiving a lot of good advice on moving to the US, I have a few questions I need to ask as I am really worrying about the visa process.

I visited the US in the summer last year and during my 90 day stay under the waiver program, I was married to the most amazing woman I have ever met, she is now 6 months pregnant with my child and I am planning on flying back in April to be there for the birth of our son.

I am unsure on what visa I should be going for and I was wondering if it was possible to some how stay there after my 90 days are up from April, I have booked a return flight under the waiver program again, but I would very much like to stay in the country to live... Is there any possible way this could be done?

fatbrit

Your search term for this forum is 10-foot pole.

ian-mstm

Congratulations!


If you're just going for a visit, you can continue to use the VWP even though you're married to a USC. You should plan to bring documentation that you have a need to return home after your 90 days is over.


Not legally, no.


Is your wife a US citizen?

If so, she should have filed an I-130 petition last summer after you were married. Had she done so, you might be getting your immigrant visa at about the time you want to return in April. It sounds, however, that she did not file an I-130. She should file now!

If your wife is not a US citizen, then things get considerably more complicated.

Bottom line, you can't stay in the US on the VWP past your 90-day limit. If you do stay, you can never use the VWP again and, depending on the length of your overstay, you face an automatic 3-year or 10-year ban from the US the day you leave! All in all, not the best way to proceed when you have a young family to consider.

Ian

lansbury

As they are already married and the way the OP reads he is outside the US, there is surely no way that would fly. How would they ever show he entered without the intent to change status, even the most helpful of USCIS adjudicators is going the suspect that.

fatbrit

I'm not going there!

He can research and decide for himself, and I just pointed him in the right direction.

Jack_Carpenter

Hey, thanks!

I wasn't planning on over-staying the VWP, I was just wondering if there is anyway to have the 90 days extended via any other visa, I was there from August until the beginning of November last time and we were married at the beginning of October.

I have only just recently been reading up and Visa's and came across the I-130 which could take up to 6 months to process which is going to suck as I don't want to be away from our son for too long and if possible at all.

fatbrit

The VWP can't be extended.

A B-2 could be extended and gives you twice the time, but applying for one would be a bad mistake.

Jack_Carpenter

Okay thanks, if I had my wife file for the I-130 now, would it be possible for it to be processed by July and my stay extended, or would I still need to go home to file for K-3?

fatbrit

You have a lot of studying to do over the next few days. Don't expect to grasp the concepts immediately -- it takes time to get orientated. There's plenty of help in the wiki on this site and in reading old posts.

You can attempt a VWP entry whenever you have a valid ESTA. They may or may not let you in. You have no right of entry. Having a wife in the US, a filed I-130, or a baby in the US are all negative factors showing immigrant intent, as is staying for 90 days and seeking entry again a week later.

You don't want a K3 but rather a CR1 immigrant visa. It'll take 8 to 10 months from the initial filing of the I-130..

lansbury

You need to be in the UK for the medical and visa interview.

scrubbedexpat099

Expect to be asked about what you do that allows all this time off.

ian-mstm

The I-130 might be processed by July, but the I-130 is only the first step in a 2-step process. Once the I-130 is approved, you must then apply for the visa... another 4-5 months. The entire process is 8-10 months and there is no way to speed it up.

Right now, this minute, you need to start wrapping your head around the concept of not staying in the US after your son's birth... beyond the duration of the VWP.


The VWP can not be extended.


Not a K-3, a CR-1. But yes, you still need to apply for a visa in order to move to the US.


I'm still gobsmacked that she didn't start the immigration process in October! You'd already be 1/3 of the way through the process.

Ian

Noorah101

In your situation, there is only one: Immigrant Visa. If marriage is less than 2 years old at the time your visa is issued, it will be CR-1 class.

Not legally, no. If you stay longer than 90 days on the VWP, you can never EVER use the VWP again, which means you won't be able to come back to visit your family while the Immigrant Visa is in progress...which is probably something you'll want to do.

Yes, totally! Your wife should file an I-130 ASAP (research ahead of time so you can send or bring with you the items she will need from you in order to file the I-130). Eventually the I-130 gets approved, the case moves to NVC when you submit an Affidavit of Support, pay some fees, submit original civil documents, and then the case moves to London. Back in the UK, you'll get your police report, a full medical done, submit a readiness form to London, and then appear for a visa interview. Once you have your Immigrant Visa in hand, you can then move permanently to the USA. You should expect the whole process to take between 8 to 10 months.

Also, I moved your post to the correct forum and re-titled it to get more specific responses.

Rene
Moderator

jeffreyhy

The I-130 just might be processed by July, but then you have to apply for your visa and that will take another 2-3 months or so. The approved petition will not allow you to extend a VWP stay - you've already been told that a VWP stay cannot be extended.

You do not want to apply for a K3 visa, and in fact you probably would not be allowed to do so. (Use the British Expats Search function to find numerous posts that explain why.)

Regards, JEff

Jack_Carpenter

Due to my wife being pregnant(giving birth after she files the I-130) meaning she'd be a single mom until after christmas I guess, would the government consider speeding up the process or would they ignore that and just continue as usual?