ian-mstm

Hands down, you are in a much better position right now than you would have been otherwise.


We generally advise that people remain outside the US at least as long as you were inside the US. Coming back a week later will get you another 90 days... but until you are a USC, there is never a guarantee. The officer can turn you away at any time and for any reason, but fortunately, that won't negatively impact your visa at all.

I want to impress upon you something you may not yet know or fully understand. When you signed the green I-94W form on the plane, you signed away any rights you might have had... including the right to appeal any decision made by immigration.


No. You can not go to an adjacent country and get a new 90-day VW. Neither Canada nor Mexico participate in the VWP... so if you go to one or the other, then when you return you remain on the original VW.

I understand that you're probably a bit overwhelmed by all the information we're throwing at you - we just don't want you to make any decisions that would put you in a worse position than you're currently in. You've only been in the US for 42 days, so you've got a bit of time to let things sink in.

Ian

fatbrit

Now you've got the bad news, how about seeing if there's any way you can stay in the US on your own ticket until he can sponsor you in as a citizen or you get to the top of the spouse-of-permenant-resident line?

Fancy going back to school? That might work.
Fancy opening a business? That might work.
Got skills worthy of an H1b? That might work.

More openings here.

meauxna

I Am a Permanent Resident How Do I… Help My Relative Become a U.S. Permanent Resident?


You can not start your life here yet. Unless you find you own way to immigrate.

This is from a USCIS flier on the topic.

After I file, how long will it take before my relative can immigrate?

For most relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means that they may have to wait several years. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. If you are interested in current wait times, see “Visa Bulletins” on the State Department’s website at www.travel.state.gov/visa.

Can my relative wait in the United States until he or she can become a permanent resident?
No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

PS: what would cost a lot?

gemmalondon

Thanks Henry
I do not know but he is in university (School in american way of saying it) and will become child doctor in 1 and half years.

I do like to study but I will be overseas student! and I believe a costy way!

gemmalondon

Fatbrit, I do like to go back to university and continue studying but would be costy. I also own an insurance company in uk which I can expand it to usa but I am not sure how much money I will need.. its recession and not much cash around at the moment...

gemmalondon

Travelling between UK & USA !

gemmalondon

I just thought of other options I can do:

- I can do a business between UK and US

- I can afford to buy a house with getting mortgage from US.

- I can study!

-----------------------------

If I want to expand my business to US, how much money do I need?

What form should I fill and should I go back and apply from UK?

can I do all these while my application is getting processed?

Noorah101

Look into an E visa.

This doesn't help your immigration at all, and just ties up your money.

Look into an F-1 visa.

No matter what other visa you want to go for, you'll have to go back and get it from the UK. Don't overstay your current 90 days.

Yes, you can pursue another visa while you're waiting your turn in line for the Immigrant Visa.

Rene

fatbrit

House is no help for immigration.

Business will maybe work. Look at L1 or E2. Both will need capital.

Study is a good one because you will be better prepared for the US job market when you get residency. Needs money again, I'm afraid.

BritishGuy36

Sorry all the replies are telling you what you don't want to hear. But they are accurate responses. You aren't eligible to work here. Study is another matter.....but still difficult since you have immigrant intent.

It might sound harsh, but the cold reality is that you married someone you had known for about 10 minutes - without for one second investigating what the immigration consequences were.

Now you will likely be apart for years (apart from short visits to each other) if you want to both live in the USA.

Your husband can come to the UK to live with you.....but that will eventually lead to abandonment of his Green Card, then neither of you can live in the US.

If you ever want to live in the USA, I suggest you leave before your 90 day VWP visit is up, and attempt entry for future visits on the VWP. As you correctly noted, this will be difficult since you clearly have immigration intent, having a husband in the US and him having filed an I-130 for you. This will likely lead to questions, and you may not be able to enter on the VWP routinely all the way up until you qualify for a visa....after a few times it may get fishy and you may be denied entry.

jeffreyhy

gl,

You have identified reasons why you might not be allowed to re-enter the USA as a visitor - you have a husband living here and he has file an I-130 petition for you, both are indications that you have immigrant intent.

Assuming that you can overcome those indicators - which is a good assumption because many people do overcome them - other posters have given you the guideline that you should stay out of the USA for at least as long as you stay in the USA, but they have not given you the reason why.

You probably can visit for 90 days, leave for a week, and return for another 90 days. Maybe you can even do it twice. But by the 3rd time you try it the CBP officer who inspects you at the POI will recognize that you are in fact living in the USA and making short visits elsewhere. Since the VWP is for visiting, not living, that will be the end of it until you get your immigrant visa.

Regards, JEff

jeffreyhy

True that going to Canada or Mexico and then re-entering the USA leaves one on the original VWP entry with no extension of the 'leave-by' date. It's also true that those two countries are not in the VWP program. But those two truisms are not connected.

One could go to some other non-VWP country and then return to the USA creating a new VWP entry.

Regards, JEff

hobbes79

Wouldn't a B2 visa based on being a cohabiting partner be a possiblity?

Still couldn't move here, but would allow 6-month stays at a time?

Noorah101

I don't think so, but I could be wrong. I think the B2 for cohabitating partner has a few problems in this scenario:

1. They have a very short history of cohabitating (only a couple of months at the moment).
2. The OP has only been cohabitating with him in the USA, where she isn't supposed to be "living" in the first place.
3. The B2 cohabitating partner might not be for the actual spouse of a US LPR (I've only ever seen it used as the trailing UNmarried partner of a US visa holder).

Rene

hobbes79

Think you're right. A quick google reveals the person in the US should be a "temporary worker".

Odd that in the short term, a temp worker has more ability to bring a girlfriend over... than a greencard holder has to bring his wife over!