meauxna

Big upheaval with the Adam Walsh Act last Jan/March. Made them change the rules yet again.
Point is, they're not sticking to those rules right now.

ian-mstm

Yup... that's about right *if* the I-130 can be filed in the UK.


It is illegal to enter the US on the VWP with the intent to stay to adjust status. Period. Has it be done? Yes. Is this viable for you? No idea!


There is a 3rd option which hasn't yet been discussed. She can return to the US immediately and you can follow later once you have a visa. It would seem to solve all your issues - well, those you've mentioned anyway!

Ian

uk123

Thanks for all your comments.

I'm pleased to say that wifey has done a little more research and we've now filed an I-130 in London. It may take a while but I'm sure we've got a better chance of succeeding.

Look forward to the waiting game!

Bluegrass Lass

Make sure to remind her that she needs to make sure she has filed taxes for at least the last 3 years. If she wasn't aware, as a "privileged" US cit, she has to file every year, regardless of where she lives in the world. As your sponsor, she will need to show her income. Look at the I-864 Affidavit of Support for the sponsor requirements.

Congrats on your pending move (assuming you're happy with it!)!

uk123

Just a quick question in response to your very helpful answers.

Now that I'm waiting for the I-130 approval and the joys that go with it, can I still enter the US on a VWP for holidays whilst it is being processed?

If I can enter, do I tell the immigration officer that I'm waiting to be processed and give evidence of my intention to leave (return ticket), or just keep quiet about the application?

I already get asked quite a few, very polite, questions by the immigration officers because of the number of times I've entered the States in the last couple of years, however, when I mention that I'm visiting the in-laws, they're pretty certain that I'll be leaving as soon as possible .

BritishGuy36

a) Yes

b) Always be honest, but don't ever volunteer information unless asked. Answer questions truthfully and succinctly. Do not bring up your visa application as that will take you down a road of further questions and increases your chances of being denied entry on the basis that you obviously want to move to the US.

lansbury

If you do travel on the VWP try and take a bit more than the return ticket to prove your ties to the UK. Proof of a job to return to is a good one.

Don't volunteer the information unless asked for it. Quite a few people on VJ have traveled on the VWP without any hassle at all but it is always best to be prepared to show you intention to leave at the end of your visit.

californian

I knew I should have kept up with this thread when it came out . . . now I just have so much to say I can barely contain myself.

First, I am glad your wife is now being logical!

Secondly, good luck with London accepting your petition --- if they do reject it in the first instance feel free to haggle with them but they probably won't budge. I cited all of the literature I could get my hands on but it didn't work. At the end of the day, they have guidelines which suggest what they are supposed to do . . . but I think a lot of time it depends on whose desk your I-130 lands on and type of day they have had! If your wife has ILR then she should be fine. If she has LLR it could go either way.

If you have to file in the US, its not the end of the world but will take a bit more time. If you must go this route and wifey can't wait to get you into the States then look into pursuing a K-3 (I can hear the wolves circling, many people on this forum despise them). A K-3 will get you in quicker but the IR-1 has more benefits. You'll have to weight them up, if it comes to that.

Many people have successfully gotten into the use on the VWP whilst their I-130 was processing but it is certainly risky. There is a chance that the Immigration Officer will not believe you intend to return to the UK (he might believe you intend to try *VWP Express* then and there) in which case you'd be forced to get back on the plane!

lansbury

No it doesn't it is a small unit and the lady that has the final say is extremely fair and is more likely to give someone the benefit of any doubt than not. I knew her through my work, as I did many people at the Embassy, quite well.

californian

I speak from personal experience. I am glad you found them *fair* but that doesn't mean everyone will.

As I've stated on this forum before, I had lived in the UK for 11 months when I filed my petition with the DCF - and they turned me away, despite my citing a great deal of case law in my letters to them. I gave up the fight eventually, feeling that although US processing times were a few months longer, it might take me a few months to convince them of my lack of ties to the US.

lansbury

So you didn't get the result you think you should so they are not fair. Bit of an ignorant point of view if they don't agree with you they are not being fair. Being fair to me means applying the rules to everyone just the same. So it wouldn't be fair if you could show in identical circumstances someone else was allowed to do DCF, not allowing anyone to do DCF who doesn't meet certain conditions is fair.

In fact the lady who runs the unit which processes the I-130s made it perfectly clear to me that even though I knew her and many people at the Embassy that her policy was all people are treated equally and there would be no special favors and she was true to her word. She made me wait the full 13 weeks shown on the Embassy web site for the I-130 processing.

californian

I hardly meant to convey that DCF London were *wrong b/c the didn't agree with me* but rather that they do not apply standards universally.

You can believe they are *fair* and I can believe they are *unfair*. Maybe it is a bit ignorant of you not to accept the opinions of others?

lansbury

My opinions are based on working with the people for quite a few years and actually knowing them professional and socially.

I don't just based on one experience post comments that it depends whose desk it lands on or the type of day they have had. That sort of comment deserves to be challenged and shown for the stupidity it is. I can't recall anywhere you have shown that in your circumstances someone else was accepted for DCF, so no I don't accept your opinion because it seems based to me on you seeming to throw your teddies in the corner because you didn't get your own way.

So I challenged your comment as I believe from personal knowledge, many postings on this and another board (VJ) on DCF in London they do apply universally the standards relevant at the time of application.

Others here now have a counter point of view to yours to balance things out about who they will deal with if they submit a I-130 to the Embassy.

californian

I have also worked with the staff at the US Embassy London on a professional level (as I used to work for a US Immigration Firm) and, in fact, I do know of several petitions that were accepted from people in similar situations to mine. In this sense, it is largely irrational of you to suggest I have "thrown my teddies in the corner" without knowing the entire story or the basis of my opinions.

I will admit that London is in general quite efficient and friendly. I am not suggesting they were completely off base for not accepting my petition but I would argue that *iffy* cases, in regards to the petitioner's UK residency, can go either way.

Again, I don't appreciate personal attacks such as calling my comments *stupid* --- they are based on both professional and personal experience.

Alix

UK123 , keep us posted whether London accepted your DCF?

I am very curious to know.

Good luck!