chrisb183

Hi all,

I've had a good look through the boards and I can't find anyone who has done what I have!

My fiancee (a USC) and I (UKC) married on the spur of the moment in August this year, whilst I was in the US on the VWP. I left at the end of September (within the 90 days) and we have now filed the I-130 etc. Whilst I was in the US, I received a letter of acceptance from the University of Arizona, saying that the School of Planning had accepted me onto their course for entry in January 2010. I went ahead and bought a house in the same city as the university - the market seemed at it's lowest and I had money that I needed to invest somewhere.

When I came to enter the US again on the VWP in late October, I told the officer at POE that I was going to visit my wife and make preparations to attend university in January. Questions about visas etc. came up, and once it was ascertained that I did not yet have the student visa to return with in January, they sent me off to secondary. To cut a long story short, they decided that with a wife and a house in the US, and with no ties to the UK, I was effectively trying to live in the US on the VWP. Turned around, back to Britain, told that I would need a visa in order to set foot in the US again.

I get back and ask the university when they might have the paperwork done for my student visa. Turns out that altough the School of Planning have accepted me, the Graduate College haven't yet made up their minds. Some weeks later, they still have not made up their minds.

So, I am stuck in Britain, with time rapidly running out on getting the student visa in time to start in January. More alarming is the implication that I now find, that being married etc. probably means I will be refused a student visa anyway.

Am I stuck here for the next 8-9 months, unable to so much as visit my wife in the US? Or do I have some other options that I don't yet know of?

Thanks for any help, suggestions etc.

Chris

Noorah101

Hi Chris, Welcome to BE.

My guess is that your student visa will be a no-go anyway, since you clearly have immigrant intent.

Since it's on your record now that you were turned away at the POE while trying to visit on the VWP, and told to get some kind of appropriate visa, my guess is that you won't be able to visit via the VWP again.

You will probably be staying in the UK until you have your Immigrant Visa in hand.

But welcome to Tempe for the future! I'm in Phoenix.

Best Wishes,
Rene

BritishGuy36

Buying the house probably sealed the deal as far as CBP were concerned about not letting you in....you have a wife and a house here....they're unlikely to believe you aren't going to stay and apply to adjust status.

Just get your missus to keep on with the CR-1 process...you're looking at summer before you get back though. She can visit you in the UK in the meantime, or perhaps you can meet up in a third country for a vacation, Canada maybe?

It's unfortunate but you've painted yourself into a corner by buying the house then leaving after getting married. The CBP officer did exactly what most of us here would suspect he'd do, under the circumstances.

Rete

They both gave you the right of it. Your F-1 is toast. You cannot have an USC immediate relative in the US who can sponsor you for an Immediate Relative with no quota attached and obtain an F-1 visa.

Unfortunately, you said a little too much at the POE and apparently volunteered info that would have been better left unsaid but not lied about.

One poster recently stated that they filed July 2 for their immediate relative visa (I-130) and it has already been approved and forwarded to London and they have an interview date of December 3. So it might well be that you might be here this spring.

You might be as lucky. Here's hoping you are.


BTW she is no longer your fiancee but your wife.

chrisb183

Thanks all!

Sure looks like I fried my chances of starting at the university this spring. Rather surprised us when we found that being married actually makes everything MORE difficult, not less.

When I called the US Embassy in London, they suggested I apply for both the F-1 and the CR-1. Kind of wonder why, if it's so cut and dried.

Canada for Christmas looks likely, "BritishGuy36". At least we can guarantee snow.

Well, six months turn around sure beats ten! Here's hoping.

Chris

Noorah101

Sure, you are allowed to apply for the F-1. But you lose the application fee when it's denied.

Rene

chrisfromusa

you know you could get a green card, live in the state where ur spouse is for a year, and ul qualify for in-state tuition if you wanted to come here on a student visa, ul in almost all cases, be paying double the tuition that out-of-state Americans get charged

chrisb183

Aye, "chrisfromusa", I've thought about that. Every cloud has a silver lining, as they say. I am just itching to get on with my career, though, the hold-ups are driving me nuts. Looks like I may have to do some other work first. Oh well.

Thanks again, all.

Chris

meauxna

I've never applied for an F-1 visa, and I don't know everything about them, but despite the true statements here, I might still apply for the F-1 in your shoes.

Yes, the fee is $131, but you've done the legwork already and I suspect that isn't a sum to put you off. In fact, if you invest another $100 or so in a phone consultation with an immigration attorney, you might get some advice that would help you succeed.

What we've all written are the basic truths about the visas, and immigrant intent etc. However, as you've already got an I-130 in the works, your situation may be unique in our collective experiences.

IOW, I wouldn't give up at this point. For whatever that's worth to you.

chrisb183

Hi all,

Today has been a good day. The university have now formally accepted me onto the course, my police certificates have arrived, my wife has received the receipt for the I-130, and the US Embassy in London tell me that as my course starts before my visa will be prepared, I should probably be okay to get a student visa.

I'll keep you all updated, as this is one I haven't seen elsewhere on the boards.

Chris

meauxna

That's terrific news.

Keep us posted, won't you? And when you say the 'Embassy'... how did you reach them? Was that the call center (less credibility) or by email (more better)?

Folinskyinla

Chris:

I hope it works out. However, it may take a wink and a nod for the F-1 to be issued. If so, they will probably exact a promise that you will not adjust in the United States.

However, do not be surprised if it does not work.

Good luck.

chrisb183

Ach, it was the call centre. The chap did go to speak to his supervisor on it though. I'll send them an email then, to check up.

EDIT: What's the email address to use? I can't find one that seems to be appropriate?

Thanks,

Chris

avanutria

What happens if the OP successfully gets his student visa, enters the US, and then his CR-1 visa appointment comes through? Will he have to go back to the UK to sort it out?

Noorah101

Yes, if that's the way he chooses to do it.

Or, once he's in the USA on his F-1, he can just adjust his status to permanent resident without leaving the USA.

Rene