bazza00

Hello all,

My wife moved to England ten years ago and we married in 2006 in this country. We've lived here together and we've now got two kids who have dual citizenship after their US passports arrived today. The problem is that my I-130 was only submitted in the last month as we're moving in a rush due to some family issues with my wife's family back home in Los Angeles.

I was led to believe the best course of action would be to submit my I-130 and then apply for a K-3 visa in order to travel with my family while the I-130 petition was completed. It now transpires that the London branch of USCIS takes longer to process K-3 visas than it does to approve I-130s, so that avenue is closed. When we've spoken to USCIS staff based in America they've always reassured us that they always try to keep families together in our situation, but it's not working out that way as my wife and kids are heading home in two days.

What is the best course of action for me to join them sooner rather than later? I can accept that I may have to wait a few weeks or maybe a couple of months, but I really don't want to be without them for much longer than that. Should I wait out the I-130 process or should I go for adjustment of status once the first step of the I-130 is approved, or is there another avenue? My wife had to return home sooner rather than later to help care for her father who is suffering with altzheimer's, she could do with help from me to care for our kids and sort out other issues like schooling. While I'm stuck in England waiting I'm not much help!

If anyone has any useful advice I'd appreciate it.

Thanks

scrubbedexpat099

DCF London assuming that is what you are doing is pretty quick, in US immigration terms.

You can visit in the meantime.

Noorah101

If you submitted the I-130 directly to London, you currently ARE following the quickest way to the USA. Should take a total of 4 to 6 months, from filing I-130 to getting visa in hand.

You are allowed to visit the USA using the VWP in the meantime (if you are VWP eligible).

It is illegal to enter the USA as a visitor with intent to adjust status, so just be patient and follow the path you've begun.

Rene

bazza00

It may be the case that it's illegal to enter the USA as a visitor with intent to adjust status, but thousands still do it. I certainly don't want to break any laws, but it seems slightly harsh to separate a family in our situation when we've lived together for ten years, it's not like we've only recently married and I'm trying to shorten the process without just cause.

I'm wondering if it's possible to shorten the process by taking some of the later steps like the medical exam and police report by booking them now while I'm waiting for the initial I-130 to be approved?

Thanks for the help anyway!

scrubbedexpat099

Police Report I think is good for 6 mobths, medical assuming you have no issues does not slow the process.

Noorah101

Yes, people do it and get away with it. Some don't. It's your choice to take that risk or not. We don't recommend it. If you choose to go that route, make sure your family is OK being separated while you live in the UK and she stays in the USA, or make sure she is OK with you having a permanent ban to the USA, just in case things go badly.

You can get your police report now, if you want. It doesn't speed up the process any, though.

You can't book your medical until you have your LND case number.

Rene

ian-mstm

To clarify, they likely were US citizens at birth. The passports are proof of that status; they aren't the status itself.


This has been true for at least the past 15 years!


If the I-130 has already been submitted, you are already on the fastest route possible.


Yes.


True - but they put their entire future at risk if they get caught. Many people are willing to take that chance, but they face removal and a lifetime ban from the US if caught.


We are not unsympathetic, but US immigration simply isn't designed for anyone's convenience.


You can get the police report - yes. You can book the medical exam once you have an LDN case number.

Keep in mind that immigration is a 2-step process. The I-130 is only the first step. Once the I-130 petition is approved, you then need to apply for the visa.

Ian

bazza00

Thanks Ian & Rene.

The thing that I find confusing regarding the 'adjustment of status' is that it is even an option? If US immigration don't want people to use the adjustment of status route why don't they ban it? Presumably I could legitimately go to the US and stay with my family for 90 days with the intention of returning to the UK and just change my mind while I was there? I work from home so it would be perfectly possible for me to live in the US and live a normal life while my status is that of a 'visitor' the only reason I would come back to the UK would be to complete the visa process via the consulate in London.

It's also slightly strange that the USCIS helpline in America advised me to apply for a K3 visa after I'd started my I-130 process to enable me to remain with my family when they move to the US?

It would appear from what you guys are saying that the best thing I can do is visit while my application is being processed in the UK, I guess there's nothing to stop me visiting for six weeks or so and return to complete the process in the UK? I'd just have to confirm with my employer that they're ok with me working from the US, I hardly ever visit the office so I don't foresee a problem.

scrubbedexpat099

It would be very naughty to do so and people on this site don't want you to be naughty.

What do you expect form a minimum wage call center script reader.

You can not work in the US as a visitor. Also naughty.

ian-mstm

We are about to enter "ten-foot pole" territory... and, while we know you are frustrated and can't fathom the sheer idiocy that is the US immigration system, none of us want you to get into trouble. The long-time members of the forum have debated this ad nauseam over the years and, FWIW, no good can come of such a discussion.


That is perfectly okay to do.


You can't work in the US while in visitor status. The question you really want to ask is, "Can I get away with it?"... and the answer is - most likely, yes. But that's not the same thing as being allowed.

Ian

Noorah101

You can't work while physically inside the USA on the VWP.

The AOS path is meant to be for people already in some kind of status in the USA, such as with a work or student visa. Yes, VWP visitors also successfully do AOS, it's just that if it's denied, you have no right to appeal USCIS' decision. Those with a visa have that right.

It's kind of too late now to say you were not considering AOS from VWP.

Rene

rpjs

For visa purposes, the police certificate is accepted for a year from date of issue even though the validity date on the certificate is only six months.

As it's also required for the medical it's best to order the police certificate early on.

bazza00

I think I've been slightly misunderstood with regards to working in the US while I visit my family for a few weeks. I work for a company in London and I very rarely visit the office, I work from home currently in the UK and surely there's no reason why I can't do work while I'm temporarily in the US as a visitor? I would be working for a UK company paying UK taxes, I wouldn't be seeking work in the US for a US company, I'd merely be maintaining my current working arrangements.

I'm only going to seek work in the US once I'm legally free to stay there, my current UK-based job would only be a short-term solution while my visa issues are sorted.

I was always looking to complete the I-130 process regardless of the legality of adjusting status. I'm now thinking the best option is to visit for a few weeks and return to the UK when I'm able to take the medical and arrange the interview.

ian-mstm

I don't think so.


With respect, you seem to think this makes any difference whatsoever. The single criterion in this equation, is where you are physically located while working. You aren't allowed to work in the US as a visitor.

So, again... can you get away with it? Probably, yes - but that's not the same thing as it being allowed.

Ian

bazza00

This seems completely bizarre, what you're saying is that if someone is on holiday in the US they are not allowed to engage in any work related activity for their business back home? Let's say I own my own business and I want to make a call to my office in England while I'm in the US, would I be breaking the law?

Although I may visit while my visa is processing in the UK, I'm still to all intents and purposes a visitor, so it's completely nonsensical to deny someone any work related contact with the UK as long as they're not working for a US company. What if I take a few weeks holiday leave to visit the US, would I still be breaking the law as I would be receiving wages each month while I was there i.e. employed by a UK company?

I have to say all of the legal information I've read until now stated that you're not able to work in the US while your visa is processing merely due to the fact you don't receive a social security number, in effect you can't apply for a job in the US. My situation is quite different as I work from home in the UK so in theory I can work anywhere in the world.

It seems effectively you're saying that I'm allowed to visit for 90 days legally, but I'm not allowed to receive wages while I'm there?