legacy

Hey Everybody,

I really need some help on this one!!

I am an American citizen and my husband is a British citizen. We have been married for 6 months and have applied for the I-130 (a few weeks ago), still haven't heard anything. We currently reside in the UK while he completes his last year of University.I am on a 6 month UK visitor visa which expires the end of March. So I'll be going back to the states then. He wishes to come back with me to the States for his 6 week University break, leaving March 23, and returning to the UK May 14. When his University finishes in June, he wishes to return to the States to reside permanently, if thats possible? In 2008 he visited the States between June 21 and September 16.

I am worried that his stay between March and May will cause him to overstay his three month allotted time under the VWP, and therefore be unable to return in June, and disrupt the Visa process.

Does he need to apply for the VWP or is there another avenue available to spouses of American citizens?

Can he come over and reside in June and complete the application for his visa in the US or does he have to remain in the UK until the visa is approved?

Any advise would be greatly appreciated, as I wish to be with my husband.

Thanks guys!!

Rete

The first part of his visit from March 23 to May 14 is fine. He will be within the VWP's 90 days and will be returning to the UK. Since he has a USC spouse and an I-130 has already been filed, he best be sure to bring proof that he will be returning to the UK at the end of his visit.


Ahhh I know I'm not a math wiz but the time between March 23 and May 14 is not 90 days so he will not be overstaying his VWP.

As for coming in June to remain, that he cannot do. It is fraudulent to enter the US with the express intent to remain and adjust status. He will need to return to the UK to complete the processing for his immediate relative visa. If he comes back to the US before he has the visa, stays and files for adjustment of status, it is more than likely that he will not be approved since it is clearly shown that he had immigration intend upon entry what with the I-130 pending.



It is unfortunate that you chose a method to marry that means you will have to be apart. Can you not have him apply for your UK spousal/settlement visa and you remain with him in the UK until he gets his US immediate relative visa?

legacy

Thanks for your reply!!

With regard to the application procedure, i pretty much figured that he would need to do it in the UK, but i had to ask just to make sure. Last thing I want to do is mess the whole procedure up. Maybe a UK spouse visa is the temporary solution.

I'm still unsure about the March 23 till May 14 visit. He already stayed for just less than 90 days from June till September last year. It was my understanding that the VWP only allows for 90 days in a 12 month period. If this is the case wouldn't he be overstaying that 90 days by the second trip from march 23 to May 14? It being less than 12 months since his last trip?
I really hope i'm wrong on this one....but i need to make sure.

Thanks.

SecretGarden

It's 90 days per trip, not a total of 90 days in a 12 month period.

~SecretGarden

legacy

Thats fantastic news!! Thanks so much!!

SecretGarden

Just make sure that he brings evidence of his ties to the UK when he comes to visit. Good luck!

~SecretGarden