nulltype

Hi.

I need so advice here, I'll point out some important things...

- Me and my partner are already married
- I am from the UK, she is from the US (Ohio)
- She is unemployed, but works freelance online so has some income

We've made calls to the courthouse and have been told that I can fly to the US, file the marriage visa and work permit at the same time and simply be done with it. I don't have to leave the US at all. Is it really that easy? Has anyone else taken this approach?
I guess me file for a work permit and having a job doesn't require that I have substantial savings.
If I need to include more info, let me know. Otherwise, any advice appreciated!

Thank you.

Noorah101

In order to move permanently to the USA, the USC needs to file an I-130, which after some time you attend a medical and interview in the UK and obtain an Immigrant Visa. If the USC lives in the USA, this process takes 8 to 10 months. You can visit the USA in the meantime.

What you are suggesting is unlawful, as you would be misrepresenting yourself as a tourist when your real intent is to remain in the USA permanently.

Rene

nulltype

Is it possible that it's different state to state? This was what I was told by the courthouse.
If the forms are filed whilst I am NOT in the US, I must wait here in the UK for my green card.
However, if the forms are filed whilst IN the US, I must wait in the US. Are they wrong? I would be entering the US with the intention to adjust my status, and I will be stating that upon entering the country.

Thanks for replying.

Noorah101

No, immigration is Federal law, so not different state to state.

The courthouse is not a reliable place to get immigration advice.

If you were in the USA under some other status (student, worker), then yes, you could stay and adjust your status. But you are currently outside the USA, so you need an immigrant visa.

Rene

Noorah101

Well, as long as you state that's your intention, at least you wouldn't be misrepresenting yourself. Be prepared to be turned away at the POE and be told you need an immigrant visa.

On the off chance they allow you in and you apply to adjust status, be prepared in case your AOS gets denied. Make sure you and your spouse are OK moving to the UK.

Rene

SanDiegogirl

The courthouse is incorrect. To fly into the US as a visitor, marry and remain, if that was your intention when you entered, is considered fraud of the VWP program.

Actually stating that you intend to remain when first flying in is likely to get you returned to the UK on the next plane.

Having said all that we know that some people have entered the US with the intention of staying, filed for Adjustment of Status and got away with it - mostly in the case of 'gettting married spontaneously'. As you are already married this is not one excuse you can use.

It all depends on how lucky you feel as there is an inherent risk with this strategy.

Guindalf

When you consider your next move, remember that if you get caught, or even suspected of wrongdoing, you could be facing a ban of anything up to and including life (highly unlikely, but still possible!).

Your BEST course of action is, of course, to follow the rules. It may be an inconvenience, but 8-10 months apart (in which time you can visit) is MUCH better than not being able to enter the US at all for a set amount of time!

ian-mstm

Whoever you spoke to was an idiot. It is illegal to enter the US as a visitor with the intent to stay to adjust your status.


I'm sure it has been done, yes... but that doesn't make it legal - and they might even have gotten away with it. Starting off life in the US by an overtly illegal action isn't the best strategy!


No.


Not only is the person an idiot, he's stupid also!


You will be waiting in the UK for an immigrant visa. You won't get a green card until the day you enter the US with that immigrant visa. You are allowed to visit the US.


Let's just say that you are confused as to the actual process.


It is illegal to enter the US as a visitor with the intent to stay to adjust your status. So, put 2+2 together!

Ian

nulltype

So then I ask, what's this all about?

Adjustment of Status

"Adjusting your status to a permanent resident is the process used by immigrants to get a green card while in the United States. Find out more about the process."

https://www.uscis.gov/green-card/gre...ustment-status

This is for the I-130 and what I was told before, and my basis to file is family based given that my wife is a US citizen.
And if I didn't mention, I haven't just gotten married and am currently in the US. I got married 3 months ago and already went back to the UK.
According to this, I most certainly am eligible for a green card, too. -> https://www.uscis.gov/green-card/gre...rd-eligibility

And even more to confirm...
https://www.uscis.gov/family/family-...nent-residents

The above page account for those "Inside the United States (through lawful admission or parole)", to complete the I-485 and I-130 procedure.

Is the government website also wrong? What am I missing here?

Rete

We're sorry that we had to burst you bubble like that. Most Americans know little about the immigration process and it appears that you and your partner inquired at the courthouse thinking it was a state matter. It is a federal matter as Noorah101 stated.

When you say you and your partner are already married, do you mean that you and your partner are a same sex married couple? I just want to be sure that you understand that if you are and your marriage was performed in a state or country where same sex marriages are legal, then your marriage is legal in the US and you won't have an issue with immigration.

The website you need is www.uscis.gov United States Citizen and Immigration Service. This is where you will get your forms to be completed.

Since you live in the UK and your partner (spouse?) lives in the US, the US citizen needs to file the initial forms here in the US, when they are approved there are more steps and forms to be completed and eventually the UK citizen will get a police compliance certificate, have a medical at Knightsbridge and then book the appointment for the interview for the visa.

All of this is outlined in the wiki link on the header bar above.

My one concern is that your US Citizen partner does not earn enough to qualify as the sole financial supporter on the Affidavit of Support and that they might need another person to be joint financial support on a separate Affidavit of Support. This can be a relative or a friend.

The amount needed is found on the USCIS link above under poverty guidelines. They need to have earnings of X amount of US Dollars for a family their size PLUS you. So if it is just them it is a family of 1 plus 1 (you). They would look under the guidelines for a family of 2.

When you have more questions, and you will have many, please come back and ask questions. We have all been through this and our members, many are doing the CR-1/IR-1 Visa from the UK at this very money, will be pleased to help you get to the US on the proper visa.

You are free to visit the US while all this is being processed so you won't be alone for the full length of time. It is great knowing that you have done things in the prescribed way and don't have to look over your shoulder for the authorities to pounce.

Noorah101

The key factor you are missing, or misunderstanding, is that the process you outline above applies to someone already inside the USA (as clearly stated in the information you posted). When you inquired at the courthouse, you WERE inside the USA, and could filed AOS at that time, because it was not pre-planned. Now you are not inside the USA, and the VWP is not to be used for someone who has pre-planned to file AOS upon entry. That is the difference.

If you research the VWP rules, it clearly states it's intended for travel to the USA as a tourist, for a visit of 90 days or less, with no intention of remaining to adjust status.

You missed your legal window of opportunity to file a spontaneous AOS when you were in the USA. Now that you are outside the USA, the legal path to immigrate is by obtaining an Immigrant Visa.

Rene

SanDiegogirl

If you take a look at this page from the US Department of State website one of the purposes you cannot use the Visa Waiver Program for is:

Permanent Residence in the US.

Extrapolation of this rule would include "entering the US with the intention of remaining"

https://travel.state.gov/content/vis...r-program.html

There are several ways for immigrants to obtain the Green card while in the US. This usually means they are already in the US legally on some other visa or permit and are now applying for their Green card.

SanDiegogirl

This is an important factor in your plans to move to the US.

Your wife must be earning around 20K to be able to sponsor your for a spouse visa.

If she does not have this income, a joint sponsor can be used or assets/savings to make up shortfall.

You should read the following website carefully to identify what you/she needs to do to sponsor you:

https://www.uscis.gov/family/family-...nent-residents

Pulaski

The problem is, in a nutshell, that a visitor to the US doesn't have "a status" to adjust from.

If you were in the US on a work visa, such as an L-1A, an F-1 student visa, or a P-1 athlete visa, among others, then you would have a basis to adjust from, but as a visitor you're starting in the wrong place.

Be aware that if you try to adjust you may end up in an extraordinary long process, perhaps 2-3 years, during which you will be unable to work and you may become trapped in the US - if you try to leave you may be subject to a ban on reentry for 4-10 years which can be extraordinarily hard (meaning expensive, in terms of legal fees) to overturn.

Noorah101

OP, if you do decide to go with your original plan, the best case scenario would be that you adjust status with no problems. Worst case scenario is that your AOS gets denied and you get banned from the USA.

So it all depends on your risk tolerance.

Rene