Mrs Van Geffen

Hi,

First thanks to everyone who has posted in this forum. I've found it really useful and it's good to share in others stories

I married my husband in San Fran on 11.11.11, 3 days before my WVP expired. I had been to see a US immigration attorney who advised me that this was the best option if we wanted to marry as I could work in the US as soon as the i-130 was approved (5 months).

I returned to the UK and got a job (need to save for US as don't know how long it will take to get a job there...) and my husband is about to file the i-130. We were hoping that I could return to the US in Feb/March on a WVP with a view to adjusting my status whilst in the US (this is under the assumption the i-130 will take 5 months to process)

Has anyone ever done this? Is it feasible? Reading through some of the posts it seems we need to wait for the i-130 to be approved then an additional wait while the visa is processed (medical, interview blah blah) If I go to the US on WVP I'm assuming I can have the medical and interview there?

Also my husband and i have a joint account as proof of genuine marriage as well as a couple of affidavits from friends. Is this enough at the i-130 stage?

Thanks in advance for any advice. I do not want to remain here for any longer than absolutely necessary. We are both finding being apart such a struggle and just want to be together and start our married life x

Noorah101

The attorney was correct in that once you enter the USA using your Immigrant Visa, you will be work authorized from Day 1. However, he was incorrect (or you misunderstood him) in that there is more to the process after the I-130 is approve (approx 5 months). After the I-130 is approved, the case moved to NVC where there are more fees and paperwork (the I-864 affidavit of support and collection of original civil documents). Once that's done, the case moves to London where you get your medical done and attend the visa interview. THEN you get your visa in hand and move to the USA. Overall, the process takes about 8 to 10 months from start to finish.

You can come to the USA on the VWP for a VISIT ONLY. A visitor to the USA should not have the intent to remain and adjust status. You did the right thing by coming to the USA, marrying, and returning home to pursue the Immigrant Visa process. Now you can come to the USA as a visitor while that processes.

Unfortunately, yes.

Depends on your risk tolerance for breaking the law. Some people don't get caught. Some do, and those people suffer dire consequences. You've already started down the correct path. Don't put that in jeopardy now, just because you might have to spend some time apart.

Correct.

No, the medical and interview MUST be done in the UK. The medical must be done by the embassy-approved panel physican. The interview must be done at a US Embassy, and there is no US Embassy within the USA.

What do the I-130 instructions say?

Yep, welcome to the world of immigration. My fiance and I spent 14 months apart while waiting for his K-1 visa to process. He's been in the USA almost 8 years now, is a USC, and we're very happy. Don't worry...8 to 10 months apart will not be the end of your relationship or marriage...and you can visit each other in the meantime.

Rene

Mrs Van Geffen

Hi Rene,

Thanks for your reply This is quite different to the information I was given by the US Immigration attorney Firstly I was told the medical and interview could be done in the UK (Embassy) or the US (Courthouse?) In the UK I would go for the interview alone and in the US we would go together.

I have read a few threads on here from people who have married on a WV and then adjusted status - I figured this was OK to do as long as it was within the 90 days? Seems that is a risky option though.

We want to do things properly but I'll admit the thought of having to wait so long is breaking my heart

Our other option is for him to join me in the UK (he works for himself and can be flexible where he lives) Until my visa is approved. has anyone ever done this and what are the restrictions on a USC coming to UK?

Thanks again for all the advice!

Noorah101

I think you are confusing the two scenarios:

1. If you pursue the Immigrant Visa path you are on, the medical and interview must take place in the UK. You attend the visa interview alone.

2. If you have a high risk tolerance and you want to come to the USA on the VWP and adjust status (which I do NOT recommend), then your medical and AOS interview will take place in the USA, and both you and your husband must attend together.

It's very risky, even if you file within your 90-day stay. A visitor must NOT have the intent to remain and adjust status in the USA. If a visitor truly did not have that intent at the POE when entering the USA, USCIS will allow adjustment of status....but you clearly have that intent, as you've said so here. If you try this anyway, and the AOS officer believes you had immigrant intent (which you do), your AOS will be denied and you'll be removed from the USA, most likely with a ban from returning. My advice is to not do this.

Use this time apart to tie up your affairs in the UK...spend time with friends and family...start planning your life in the USA...etc. My fiance and I had never lived together, so for us, spending time apart while engaged was exactly the same as spending time apart before we knew each other. (We did a K-1 fiance visa.) I guess if you've already lived together for a while, a separation might be more difficult...but not the end of the world. You were apart before deciding to immigrate...so this is just 8 months or so longer.

As a visitor, he can spend up to 6 months in the UK. I am not sure how his self employment comes into the picture, I don't know if he's allowed to work as a visitor in the UK. But overall, it's not a problem for him to spend that time in the UK with you...he just has to make sure he meets the I-864 Affidavit of Support criteria.

Rene

Mrs Van Geffen

Thanks for the clarification! Jees this is a minefield!! Good job he's worth it

jeffreyhy

Points of clarification:

- entering the USA as a non-immigrant with the intent to immigrate, and then applying to adjust status, is not, in and of itself, breaking the law. It's simply that the law does not provide for adjustment in that circumstance.
- what is breaking the law is misrepresenting one's intentions to a CBP officer when being inspected at the time of entry. It's the misrepresentation that carries the dire consequences.

Regards, JEff

S Folinsky

Yes, it is a "minefield."

From when I was in practice, it was not uncommon for clients to misunderstand what I told them. As Paul Simon wrote: "Still a man hears what he wants to hear; and disregards the rest."

Also, there is a difference between public discussions on an internet chat board and a legal consultation within the the confines of an attorney/client relationship. [An attorney will be, or should be, cognizant of the "ethical" concepts littered about the mine field].

The issues you raise have been given the generic name of the "ten foot pole" in these particular forums.

Also, I have mentioned in the past that the laws on "conspiracy" and "aiding and abetting" can be downright frightening.

Finally, the immigration laws do not exist for the convenience of the person seeking to come to the US. It may not be fair, but that is what we have to deal with.

Good luck.

Squirrel

If you were going to adjust status while on VW you shouldn't have left the USA. Now you have, it is better to just wait out the process in the UK with such visits to the US as your holiday allowance will permit.

If you want your husband to join you in the UK and be allowed to work, you need him to apply for a UK Spouse visa. It's a much quicker process than the US process and you can pay extra ($300 extra I think) for an expedited service that will get him the visa in about a week after you have submitted your documents and he has had his biometrics done.

Mrs Van Geffen

I heard too many horror stories to risk overstaying my VW, plus I really needed to come home and sort out my affairs here / see my family. I had been in the US for 3 months and had no intention to marry when I went out. It was a last min decision based on what we understood from the immigration attorney i.e. if we were planning to marry anyway (which by that point we had decided to do) then a spousal visa would be easier and quicker to obtain than a fiancee visa - plus as soon as the visa was granted I'd be able to work.

There is A LOT of conflicting information out there! I've resigned myself to waiting and doing this properly. Just waiting for hubby to get on line so I can give him the news

So here's another question What is the point of the K3 visa? It states it was introduced to allow married couples to be together quicker whilst waiting for the i-130 to be approved. However I have also read that if the i-130 and i-129 are recieved at the same time the i-129 is disregarded. Am I to understand the K3 is no longer applicable as a way to shorten spousal separation? AARRGGHH Feel like I'm going crazy here!!

Noorah101

There is no more point in the K-3 visa. It's way outdated and no longer serves the purpose it was created for.

You are correct. In the not-so-distant past, I-130 petitions were taking YEARS to approve (yes, 2 or 3 years!). The K-3 was a way of getting the spouse into the USA while waiting for the I-130 to be approved. The K-3 could be obtained in under a year.

Nowadays, the backlogged disappeared, and the Immigrant Visa itself can be obtained in under a year, so there is no longer the need for a K-3 visa. In fact, as you read, NVC will toss out the I-129F petition towards a K-3 visa, if they have already received an approved I-130 (or if they are received at the same time).

Rene

Noorah101

Just to be clear, there is nothing wrong with intending to MARRY in the USA on the VWP visit.

The problem comes when you intend to remain in the USA to adjust status to permanent resident after marriage.

Rene