New England Pete

Hi,

I'm married to an America girl for 15years. We got married in the US but have been living in the UK. We are selling our home here to move to the US. It has come about because my wife's mother is unwell.

Applying for a visa from England takes a long time so we are considering travelling and then applying once we are in the US. We will initially be living with my wife's mother but once she sells her condo we will buy a place together.

We will be transferring c$300,000 and my wife is guaranteed work because her brother-in-law has a business.

I know this isn't the perfect solution and I know there will be people who shoot me down but I'm asking for people's honest advice and experience here.

We know it can be done. Ten years ago a friend came with us on a visit to the US, he met a girl and they stayed in touch. He went out on a holiday visa and they got married and he stayed no problems. We thought they might have problems because they had only just got married and the authorities would have known that it was all planned because you don't pull a wedding together a week after someone has traveled to the country! This was in 2009.

I have no criminal record, good credit score, we don't have children. I don't think I would have any problems normally but it would just complicate and delay things to have to stay here and apply.

Any advice greatly received.

rpjs

It is illegal to enter the US as a visitor with the intent to remain. Of course, many people try it, and many people succeed in adjusting status to permanent resident. But many do not, and the consequences can be severe if USCIS determine that you deliberately entered as a visitor with intent to stay. The worst case scenario is that you could be permanently barred from entering the US.

Bear in mind that if you enter as a visitor under the Visa Waiver Program you have far fewer, if any, rights than if you entered on a visitor's visa.

As your wife is currently resident in the UK, she has the right to file her I-130 petition for you with the USCIS field office at the US Embassy in London (what's known as "DCF" on these forums). This is usually a couple of months faster than filing via the US. Check the DCF timeline thread in the Marriage-Based forum to see how long it's taking right now. Bear in mind that your wife can return to the US to be with her mother as soon as she files the I-130 for you, and that you *can* visit her in the interim.

Given that everything else for you is a positive: long-established marriage, no criminal record, enough assets to easily meet the affidavit of support, if I were you I wouldn't risk it, but your tolerance for risk may be different than mine.

ian-mstm

Sorry, but that's simply impossible. You can't get a visa from inside the US. It sounds like you're talking about entering on the VWP and then applying to adjust your status (= green card).


In a nutshell, it is illegal to enter the US as a visitor with the intent to stay to adjust status. End of story.


Not legally, no... it can't - certainly not in your situation.


Your USC wife can return to the US at any time. You, OTOH, can not move until you have a visa that allows you to move.

Ian

Pulaski

Yes, you do. It doesn't even take that long in most states, and it is often achievable on the same day

Your situation is different from your friend's, not least because you are already married and you are preparing to exit the UK. It is plain to see that you intend to immigrate to the US, and that is a problem, .... that can result in deportation and a ban. Proceed with extreme caution because you've come to the wrong place if you expect us to say "Yeah, just go ahead, USCIS rules and regs aren't important."

New England Pete

Great points everyone, thank you

Think it's best on the whole to do the right thing and file i-130, then my wife can go. Just wondering what the earliest point I can enter the states with the intention of staying. Can i apply for the green card once i'm there or does that have to done from England?

Just also wondering about using vwp 90days then coming back staying with family then going back to the states. Until I get my green card I wouldn't be able to work there but I could come and go a few times obviously leaving a reasonable space between the 90days. I'm not setting out to break the rules, I want to stay within the rules but work it right for our specific circumstances.

Noorah101

The earliest you could enter the USA with intent to remain, is when you get your immigrant visa in hand. If all goes smoothly, that should be within about 6 months if filing the I-130 directly to London.

No need to apply for a green card after entry; you become a US PR immediately after you enter using the immigrant visa.

You probably only have time for 1 VWP visit during the visa process, but it is allowed.

Rene

New England Pete

Wouldn't both of us have to attend our i-130 interview in London? If my wife had already moved would she have to travel all the way back just for that?

rpjs

You mean your immigrant visa interview? No.

Noorah101

There is no interview associated with filing the I-130. For the visa interview, only the immigrant needs to attend, not the USC spouse.

Uh-oh...your USC spouse is not currently living in the UK with you? In that case, forget DCF, as it doesn't apply to you. The I-130 now needs to be filed in the USA, and the process takes about 8 to 10 months. You can visit using the VWP while waiting. Do not make back to back VWP visits.

How long has she been out of the UK?

Rene

Noorah101

I might have misread this. Where is your wife currently?

Rene

Pulaski

I think, per the opening two lines of the original post, that the OP and his wife are both still living in the UK.

New England Pete

Hi Noorah, thank you for your help

My wife is here with me in England so as I understand it she has to be here at the time we file i-130 but then she can just go can't she? It then begs the question on i-130 which asks where she is living which would be the same address as me when we filed but in the US after that.

Okay, so they wouldn't need my wife to be present for the interview, that's good to know as it would be a real pain for her to come back just for that

ian-mstm

He said "if". She is currently living in the UK as per the OP.

Ian

Noorah101

Your wife completes the I-130 using her current UK address, because that's where she currently lives. Once the I-130 is accepted in London (you'll know it's accepted when the fee comes out of your account), she is free to leave the UK. She does not have to come back for your visa interview.

Rene

New England Pete

sorry guys for the confusion, she is in England now but would wish to travel to the states with the intention of not having to return before I was able to enter the country with permanent leave to stay.