gemmalondon

Hi

I'm a british citizen who came to US on a visa waiver as a holiday - I met someone who is a permanent resident (green card holder) and not a citizen who can become citizen within 4 years while I was here and we got married within a month.

We filed the I-130 form (Petition for Alien Relative) just last week and wants to know what would happen next.

Can you please help us.

a friend of mine is saying that they would ask me to go back to England and I have to wait there for minimum of 3 years before I can return to US.

What do you think it would happen now?

Would I be able to get work permit in US and can stay here while waiting for the form to be approved?

Would I be able to go back to uk and come back - is there any permission to re-enter visa I can apply for?

Please help...

its not going to be easy if I will not be able to see him for 4-5 years!

Noorah101

Next, you wait in line until a visa number becomes available for you. If your husband becomes a USC in the meantime, he can get the petition upgraded to spouse of a USC, in which case a visa number will become immediately available. If he does not become a USC, the typical backlog waiting time for you would be around 5 years.

Yes.

Well, no one will be asking you to go back to England, but you REALLY should NOT overstay your VWP 90 days here! If you do, and then you go back, you wlil not be able to use the VWP again, and visiting the USA will be almost impossible. If you go back to the UK before your 90 days is up, then yes, you can return to visit on the VWP again.

I think you will return to the UK, you will be visiting the USA while you can, he will be visiting you in the UK while he can, he'll become a USC when he can, and then you'll immigrate to the USA.

No.

Yes, you can go back to the UK and visit the USA again, IF you have not overstayed your current 90 days on this VWP trip.

It won't be easy, but that's what happens when you get married to a US PR. Of course I assume you WILL be able to visit again.

Rene

Noorah101

By the way, your case is not "very very complicated" at all. There is a clear path to follow. You're not alone in your situation. Lots of non-USC's marry US PRs and eventually immigrate to the USA. Your case is not hopeless.

Rene

jeffreyhy

gl,

Perhaps, as the spouse of a UK citizen, he can immigrate to the UK sooner than you can immigrate to the USA.

Regards, JEff

ian-mstm

Next? Next you leave the US and return to your home country and wait about 5 years or so for your priority date to become current.

Do not remain in the US more than 180 days past the expiry date on your VW. If you do, you immediately subject yourself to a 3-year ban from the US. If you stay more than a year, you end up with a 10-year ban. The ban kicks in immediately if you EVER leave the US. So, if a family member back home is gravely ill... you'll have a major decision to make!

Also, if you get caught jaywalking or any other relatively minor infraction, you could find yourself on a plane out of the country (with or without a ban).


You do not have and can not get permission to work legally... so I hope you can both live on a single salary!


If you haven't yet incurred a ban, you can return to the UK to wait out the processing... and you can still visit on the VWP *IF* you have *NOT* overstayed by a single day. If you have overstayed your current VWP by even one day, you can never use the VWP again... and at that point, you'll need a B-2 visa to visit the US. Your chances of getting a B-2 visa, however, would be slim since you would have already demonstrated that you disregard US immigration rules.


No, it won't be... but this is likely what's in store for you!

Ian

rebs

As the others have said, you cannot get a work permit based on your marriage.

If you qualify in your own right, you could perhaps get your own visa? Here's a link to an article which outlines the ways...

gemmalondon

Thanks Noorah

But what is the guarantee that if I leave before that 90 days is finished - they would allow me to re-enter specially now that we have filed Form I-130 and they are aware my husband lives in this country!

I want to start my life here - study and work

It is Complicated because I couldn't find any law related to it on any websites that what if you got married an applied while you are in US an the only link I found was advice given to someone on this forum!

It would cost us alot as well!

nettlebed

There are NO guarantees. However, it happens all the time: it is very common for spouses to visit the US on the VWP provided they can show adequate ties to the home country.

Look at the question the other way: if you leave AFTER the 90 days are finished but before you get a Green Card, you definitely WON'T be visiting for a number of years.
And the best way to make sure that it doesn't turn into a train wreck now or later is to comply with the immigration laws.

Bummer. Life's tragic, but you need to take responsibility for your own life and decisions. Nobody here will tell you that it's all right to stay here in violation of the law

gemmalondon

c
k

Thank you Ian I have only been here for 42 days... and have not broken the law YET! thats why I am here.. to get help and advice... but how is that guarantee that they would allow me back in if I do not over stay my 90 days and return within a week after my return?!

also would I be able to just leave the country by going to another close country and come back?

Thanks again

gemmalondon

I just learned how to do quote thing here

not very familiar with forums :P

Gingerert

I think most members on here would agree that it's advisable to spend at least as much time out of the USA as you do in it while you're using the VWP. So if you're here for 42 days and then leave, make sure you are in another country (preferably your own - the UK) for a further 42 before attempting to return.

I know it isn't what you want to hear, but SO many of us on here have done exactly the same thing as you. My husband and I spent seven years in a long distance relationship due to immigration and education, and even after we were married in 2006 it took a further 14 months for us to be reunited. I saw him twice during that time.

It's a complete bitch, but it's the law.

nettlebed

Read this carefully: there are NO guarantees you will get in if you are not a US citizen. There are no guarantees. Is that clear?

Also, a good rule of thumb that is often give here is that you should spend at least as long out of the US between visits as you spend visiting. Thus, if you are here for 90 days, you should spend at least 90 days outside the US before attempting to enter again.

This would be especially important for you since you have an I-130 in process: you will be watched very carefully. You could very easily get refused entry on the VWP if a border officer decides that you are abusing it, and then you are in a much worse position. You would need a visa to enter, and it's unlikely you would get one, since you would already been judged to have immigrant intent. It happens all the time, and then your only choice would be for hubby to visit with you outside the US until the I-130 was approved and you could adjust.

That depends on the country you are talking about. They may or may not let you in.

I get the strong feeling that you are trying to game the system. Just be aware that USCIS and CBP see this each and every day, and are very astute at spotting and stomping on abusers. You are treading a very fine line here...

henryh

Can you tell us more about your husband's immigration history - how did he become a permanent resident?

Depending on circumstances, there could be another possibility:
Your husband gives up his permanent resident status, and applies for another visa such as L-1, H-1B, O-1, E-2,... (likely the same one he used to get into the US in the first place). You can get a dependent visa for any of these categories in order to live with him. Some of them would allow you to work. He subsequently reapplies for a green card, and as his dependent you can also be granted permanent resident status along with him. Clearly this has risks and disadvantages, but it could be an option.

Alternatively, perhaps you could get an F-1 student visa and study for a degree?

Noorah101

There is NEVER a guarantee that you'll be let in the USA as a visitor. Not even with a B visa. Not even if you didn't have a US LPR spouse. It's just a risk you take each time at the POE. But the law allows you to try to visit on the VWP, as long as you've never overstayed. So to better the chances, do NOT overstay!

No. You cannot use adjoining countries (Canada, Mexico, etc) to get a new VWP visit. Rule of thumb is to go back to your own country (or a country equally as far away), and stay outside the USA as long as you were inside. So, for example, if you are in the USA for 85 days on this trip, make sure you spend 85+ days outside the USA before attempting another visit.

Rene

henryh

If you had an I-130 filed for a US citizen spouse, CBP/State knows that you could (over)stay and adjust status.

You can't do that with an I-130 filed for an LPR spouse, so you are not as much of an overstay/immigrant-intent risk in their eyes.