mikechristina

Hi,

After a 4 year long distance relationship and lots of visits on both sides of the pond, we finally got married on 29th December. My wife was going to come and live here, but we have since decided to move to the US instead.

The question is, do I apply from the UK or whilst in the US? Core issue right now is yet more time apart (had our fill of separation).

Shermeen.Adam

Hi, I can completely relate to your disappointment in once again being separated from your spouse. Unfortunately, separation is often the case with immigration.

I'm assuming from the fact that your wife was going to come and live here, she is the USC and you are the UKC? If that is the case, your wife will be the one to file a petition on your behalf for you to move to the US. It's not a quick process but it is relatively straightforward. However you can't live in the US whilst this process takes place, but that doesn't mean that you can't visit her under the VWP. Basically, for the next some months you'll be doing a long distance relationship again but with the goal of being together, always, in one place somewhat in sight.

There are lot's of people going the same route as you...CR1/IR1...and there is a great Wiki link of information. Have a read of that first and a search of the forums. Also, if you haven't already, check out the Embassy of the US in London;
http://london.usembassy.gov/immigran....-citizen.html

Good luck!

mikechristina

Thanks for the reply. The US immigration lawyer is saying I can apply from either the US or the UK, but it will take longer from the UK? For me to apply from the US, I am told it is better to enter the country NOT saying I am here to apply for permanent residency, as they may just turn me straight around again

Nice to know we are not on our own (not that I thought we were of course!)

Shermeen.Adam

Hmm, maybe I'm confused. Of course it is always good to get the advice of a qualified immigration lawyer.

You would need to apply for a spousal visa, which is IR1 or CR1 but since you would have been married for less than two years when you enter the US your application would result in a conditional green card.

Only USC eligible to live in the UK (and have been for the past 6 months) can file an I-130 application with the US embassy in London. This option is known as DCF and is usually quicker than filing in the US. This option is not available to you because your wife has not been living here.

There for your only option would be for your wife to file the I-130 from the USA. Read the forums, there are lot's of people who file this way and you might be able to get an idea of how long it takes. Be sure to look for people who filed in the US.

I'm not aware of a way to file and wait the petition out in the US, otherwise I would have done it! I'm not sure if your lawyer is refering to the K3 visa which no longer has an advantage over the CR1. Again, have a read on the website and there is a comparison of marriage based visas you can read here.
I'm certain your lawyer couldn't be suggesting you traveling to the US under the VWP and then adjusting your status because it is no longer a guarantee that this option would be accepted. They're having a bit of a crack down on people who go this route, there is a link at the top of the forum about this.

mikechristina

I think that is precisely what the Lawyer is suggesting (enter via VWP). Thing is, we had fully intended for my wife to join me here, so it is feasable that when I go over for the wedding, that we decided at that point that I would apply for residency.

The main thing is we have been apart for so damn long and it is killing us on our feet!!

How long does it normally take to process from here? I dont want to make a mess of this - our lives hang in the balance.

mikechristina

I just read that - thanks (you can tell I am a newbee!) I think he is advising that I apply within the 90 day period as this article seems to also suggest:-

This tracks with Susan Pai's urgent advice in Feb 09, for VWP entrants to file their AOS applications before their 90 days is up.
As Songbird put it, "You either apply within the 90 day window or you run the real (proven risk) of removal. Full stop."

We so want to get the approach right! Also need to understand any tax implications on me bringing the equity from my house (£200k) into the US to buy our home there. Not sure if you can point me in the right direction? You appear very knowledgeable...

Shermeen.Adam

Hardly, I'm just a newbie!

I think the main issue with trying to adjust under the VWP would be your intentions. When you enter the US your intentions would be to adjust your status and remain, which is not the intention of the VWP. They do usually ask you the purpose of your visit and how long you plan to remain and as a rule to make my life easier, I don't lie to immigration officers.

But like I said, you can never beat the advice of a qualified immigration lawyer so maybe talk to him/her again and ask about the risks of entering under the vwp.

In regards to equity and tax, I cannot help i'm afraid. But I'm sure someone will be able to point you in the right direction xx

mikechristina

I noticed you are applying from the UK. Are you using an immigration lawyer? How long are you being told it is going to take?

I like you pic btw, you both look super happy in it I can relate

Shermeen.Adam

My husband applied for a fiance visa and came over to the UK in 2009, our original plan was to remain here for three to four years and then move to the US. However, as is often the case in life, plans change. We were able to apply to the uscis in the UK because my husband had been living and working here for two years. It means that right now we're living apart because he had to return to the US at the end of Jan for work but allows him a chance to get everything set up for when I hopefully get to move there.
I've read that DCF in London can take about six or seven months for the whole process including the medical and interview, which I suppose in a lifetime isn't that long. But when you're missing your spouse and could really use a hug after a tough day, seven months can feel like eternity!

There aren't too many options for marriage based US immigration and most of them require time spent away from your spouse. But you won't be the only one in that situation and sometimes having other people who know what you're going through can be a big help. That doesn't mean that you don't sometimes drive yourself crazy second guessing everything and checking approval dates, just check out some threads. It drives the mods insane but I'm sure they must see it with every group of new filers who are eager to be approved. You just have to find ways to keep yourself occupied.

How did you and your wife meet? And where do you hope to be immigrating to? xx

mikechristina

LOL - yes our plan was much like yours, but things do change in life!

We met online originally in 2007, multiple visits on both sides of the pond later - we got married on Dec 29th and it was fab!

Christina is from Tampa, FL and that is where we intend to live.

Are you guys using an immigration lawyer? I am fearing the cost!!!

Shermeen.Adam

Congrats on your Wedding!!!

My husband is from Florida too! Northeast. But he's in TN now which is where we'll be living if everything goes to plan this time. And we met online back in 04, I think that's how most couples on here met.

We didn't use an immigration lawyer when he moved here and we're not using one now. Though immigration to the UK tends to be a little more straightforward, if your situation is simple, there isn't a need to use a lawyer when moving to the US. I think you can judge whether there might be concerns, in which case you would want to use a lawyer. But I have no convictions, no medical problems and I've never overstayed in the US so we are pretty confident we can handle it ourselves. If any problems do arrise, it would be a necessary expense to make sure it's all done properly.

Rete

Fire this attorney. You cannot enter the US without a proper immigration visa to live and work and you cannot enter the US with the express purpose/intent to remain and file for adjustment of status.

Has this attorney told you that you are free to tell the public about his advice to you? I ask because what he advised is clearly a violation of regulations that you cannot enter the US with full and clear intent to remain and adjust status.

If you do so and it is discovered, then you will be the one to pay the consequences and not this attorney. Think long and hard before you follow this advice.

Married2abrit

OP-- You stated that you were married on December 29. Where are you currently (UK or US)? As you are already married you cannot file for AOS from the VWP (this is frowned upon anyway "10 foot pole reference"), so the instance of your lawyer suggesting that you "visit" and not tell immigration about your intentions should cause you some concern. Hopefully, Ian, Meauxna, or Rete will be along soon to answer some of your questions. There are stickies at the top of the forums. Also, no offense to the person who has been answering most of your posts, but I think she is confusing several issues and may be muddying the waters for you a bit. Some of the experts will be along soon and be able to point you in the correct direction!!

Married2abrit

They beat me to it, lol!!

Noorah101

Hi mikechristina, welcome to BE.

Did this attorney tell you what will happen if your AOS is denied? Make sure you understand the consequences before starting down that path. It's much better NOT to try to adjust status from the VWP.

Personally, I would come to terms with the fact that you'll be spending the next 8 - 10 months apart (with VWP visits to keep you happy), and do the CR-1 Immigrant Visa. That way, you never have to be looking over your shoulder the rest of your immigration path, and you enter the USA as a US PR with full rights to live and work in the USA from Day 1, which is a huge plus.

Several months apart is nothing compared to your lifetime together. I know it's already been several years, but that was the "getting to know each other" phase. This is a new phase, the "applying to live on the same continent the rest of our lives" phase. Surely several months more apart are worth that? It's not like you can't continue visiting each other while waiting.

Rene