stimmi

My husband and I were married in Sept 08 in the UK, my husband is a USC and we are currently in the US as he is working here. I want to apply for my greencard but I am not sure whether to go down the DCF route or the adjustment of status route. I have been told that since I am here on a visa waiver I might be accused of fraudulent intent when I entered the country.
Can anyone advise?
Thanks

snowbunny

What statement did you give about the purpose of your visit?

Noorah101

Hi stimmi, Welcome to BE.

You might want to have a one-time consultation with an immigration attorney, so he can explain the best thing for you to do. You might be able to stay and adjust status, but there are pitfalls and risks associated with that, and it all depends on what your intent was when you entered the USA. The attorney can see if you qualify for this, and can explain the risks.

It is illegal to use the VWP with the *intent* to remain in the USA and adjust your status.

You do not qualify for DCF anymore, since your husband is now living in the USA. Instead of DCF, your husband would file the I-130 here in the USA, and you'd go back to the UK for your Immigrant Visa processing. You would not be able to wait inside the USA past your 90-day VWP, but you might be allowed to visit again while waiting.

Best thing to do right this very moment....have a consultation with an immigration attorney.

Best Wishes,
Rene

stimmi

Thanks Rene,

I'm actually contacting lawyers as we speak, the last thing I want to do is be deported for fraud! My husband has a contract for 3 years and is 1 1/2 years through so when he finishes we don't know where we will be (we were in Australia for a while and could come back to the UK), so when I came in we weren't sure how long we'd be here so I was just going to come and go on visitor visas. In the meantime he has decided to apply for jobs in the US as there are more opportunities over here for him (he works in academia) so now we have decided to apply for my greencard.

Sorry about writing DCF, I meant that he would file I-130 and I would come back to the UK!

Imogen

ian-mstm

When did you enter the US? What is the expiry date on your I-94? Do not overstay by even one day or you will never be allowed to use the VWP again. If the I-94 is already expired, do *not* leave the US under any circumstances until after you have spoken to an experienced immigration attorney.

Ian

Noorah101

And, if you decide to file for AOS, do your utmost best to file it before your 90-day VWP expires (if it's not too late already).

Rene

stimmi

My I-94 expires at the end of April so I have nearly 2 months. I have a flight back booked already and would never overstay - I know that would be the worst thing to do!

ian-mstm

Whew! You have no idea how many people wait until 2 or 3 days before it expires before they start to ask questions! Kudos!

Ian

stimmi

I want to get it sorted as quickly as possible in the right way.
So is the general concensus that it would be silly to do an adjustment of status? We spent the majority of last year apart and I thought once we were married it would all be ok, naive I know!

Noorah101

No, I don't think that's the general concensus. Besides that, it doesn't matter what we laymen think....go with what a qualified Immigration Attorney suggests.

Rene

stimmi

Thank you for all your help, I'll let you all know the outcome with the attorney!

ian-mstm

Not silly, no. What is important is whether or not you entered the US with the intent to stay. You have return plane tickets but that's not definitive. Do you have a job in the UK? Property? Family? All of these things show your intent to return and not stay. If you genuinely did not intend to stay, there is no prohibition against adjusting your status. At the end of the road however, it's a crap shoot as to whether the interviewing officer believes it.

Ian

stimmi

I don't have a job as I am a teacher and for the past year have done short supply teaching jobs, the beauty of which is that I can come and go as I please and get work as long as it is the school term. The school I have been teaching at would definitely employ me again but I have no contract. Apart from that, as we moved from Australia recently I was staying with my parents (also to save money) whilst in the UK so have no property or even a lease over there. All my family (parents, elderly grandparents etc.) are in the Uk.

Ray

With those details, I would be sceptical ..

stimmi

If I'm unsure i can still file the I-130 now and then put in the adjustment of status before my i-94 runs out can't I? That way I get some of it started at least. Would that work?