rob&wendy

hello there,

I'm Rob from Prestatyn, North Wales and Wendy is in Sedona, Arizona.
After meeting online a couple of years ago, falling in love and each others arms Wendy and I opted to get married in the US and so filed a petition to do so.
Unfortunately that didn't go smoothly and we were advised that it would be quicker and easier if we married in the UK and file for the I-130.
As Wendy was due a visit a couple of weeks after being told this, we hastily organised what we could and were happily wed in Dalkeith, Scotland on April 14th.

Wendy returned the day after and sent off the I-130 for which we have a notice day of May 10. So now we are waiting.

The thing is, my work contract runs out in 3 weeks and will be difficult for me to get work in this area with my planned emigration, and rather than pay for 2 rents we would prefer it if I was to just go over there and stay until the visa is processed. Then I would return to the UK for the duration necessary for processing there.

I understand I can stay in the US for up to 3 months but not work, which we are happy with. We would have our fingers crossed tightly hoping that the process wouldn't take that long.

Has anyone been in this situation? If so, is it prudent and how long would I have to return to the UK for?

Cheers and blessings
Rob

Noorah101

Hi Rob & Wendy!

Sedona is gorgeous, my husband and I just went to Slide Rock (his first time there) last week! We're in Phoenix, by the way.

Rob, you can come to the USA to be with Wendy while your petition processes, as long as you show strong ties to the UK so that the POE officer won't think you're coming to stay in the USA. If you won't have work or a home in the UK, it might be hard to prove you intend to return. But legally, you can visit as long as the POE officer lets you through.

You will need a valid address in the UK where they will send your Packet 3 paperwork (your visa paperwork). You'll need to fill those out, and return a checklist to the embassy in London in order to get a medical appointment and interview date. So you'll need to go back to the UK whenever the Packet 3 arrives there in order to continue your visa processing.

Hopefully someone who's been through London recently will comment on a timeline from the I-130 processing till receiving Packet 3.

Best Wishes,
Rene

Folinskyinla

Rene:

I believe the question was asked in all innocence, but it IS edging over into "10-foot pole" territory.

No answer from yours truly for that very reason.

ian-mstm

Do you have tattoos? Sorry... I couldn't resisit!


Don't tell them! It's not illegal or anything.


Well, that's what you're doing now, so how difficult would it be for another few months?


True, but wouldn't you rather work and be doing something rather than lying around Wendy's place being a bump on a log for 3 months?

Ian

rob&wendy

Hello folks, thanks for the replies.

Yes Rene, Sedona is quite lovely. Not as hot as Phoenix for sure. I don't know how you can manage there!

At the moment I'm a contract analyst/designer and its difficult to get that where I am. Heh, It was letting them know our plans that has landed me closing this contract. I've got a valid uk address as I'm living with parent for now. It jst makes more sense to us for me to be with my new family as thats where we are headed to be. I gotta take 2 dogs with me too. I'm kinda bothered that it seems I might be treading on thin ice but breaking any legal agreement is what we want to avoid.

It would be difficult to pay for 2 rents as this job closes, although we got a bit saved up, but for the price of a return air fare there won't be much difference for a month or 2's rent. And we're hoping it won't be a full 3 month stretch before I do return to finalise, all things going well of course.



hmmm, sitting in the office or sitting in my new home with Wendy....

yeah, thats a toughie! I'll get back to ya...;p

I'm sure there'll be plenty of diy

Noorah101

Hi Rob,

I don't know about the dogs....people don't usually bring 2 dogs with them on vacation, do they?

Rene

ian-mstm

Yup... those pesky diy projects always seem to take up valuable time better spent, say, at the pub!

I agree with Rene about the dogs... most people don't take the dogs with them on an overseas vacation! It's certainly going to raise a few eyebrows and then there'll be questions... some of which you may not necessarily want to answer at that specific moment in time.

Ian

rob&wendy

they sure do. they are only smallish (chinese cresteds) and the family pets, so as its technically an extended vacation.

What we really need to know is the likely duration I would need to return for, so I'm gonna go digging in the archives for a while to see if theres any bones.

Bluegrass Lass

Good point Rene. Rob, you're going to find it difficult to prove to the POE officer that you plan on returning to the UK if they know you don't have a job, don't have a home, and are bringing your pets with you. Have to say, I think it's better for you to find another job (maybe a part-time one at Safeway or something) and wait out your time.

Btw, have you filed the I-129f yet to go with your K3 visa? You mentioned that you have a filing date of May 10th so I assume you received your receipt for the I-130. Once you have received that, you can then file the I-129f to start the K3. Do you know the difference between filing just the I-130 and filing the I-130/I-129f combo? Depending on the processing time of the I-130 (which I'm not up-to-date on) it could take many months before this is approved. Following the K3 visa (the I-130/I-129f combo) could turn out to be faster. Unless the I-130 is being processed much faster than the last time I checked.

In other words, I'm trying to say that you absolutely should not count on your I-130 being approved in the next 3 months or the next 6 months. Processing times change and you might be forced to potentially overstay your visa-waiver to remain here while it's being processed. That is something you definitely don't want to do.

Cheers,
Jamie

Btw, you should check into what requirements are necessary for you to bring your dogs with you - there are probably regulations for you to follow. I've never known anyone to take their pets with them on an international trip - even an extended one. That's not "the norm" here in the US and will raise some eyebrows at the POE.

rob&wendy

hi Jamie,
I have a fixed address here and am technically self employed.

But thank you very much for the info on the I-129f! We had originally filed for the fiance visa, but after being told the I-130 would be better we got married.
Wendy spoke to an officer yesterday and was told that our original fiance one is now void but we should apply for the 129f as they are being processed on time and the I-130 is 2 months behind so it may well speed up our chances.

As for pet requirements (if anyone is thinking about it!), dogs need to be vaccinated for rabies at least 30 days prior and a vets certificate saying they are in good health to fly 5 days before take off. Most airlines are happy to take dogs, some even in the cabin if they are small enough. A lot have a summer curfew just in case the heat proves bothersome. Continental Airlines are fine though as they have special air-conditioned areas for them.

sibsie

A girl I used to work with tried a similar trick travelling with her two cats. She got to JFK and was bounced straight back again.

jeffreyhy

Rob,

You use the word "technically" a lot. Perhaps it sounds good to your ear, but it may not mean so much to a CBP officer.

If one of them gets the idea that your extended vacation is technically living in the USA without the appropriate visa, you and your dogs will be technically and physically placed in a holding cell until you can be put on the next plane out.

Regards, JEff

rob&wendy

hi, this is wendy

i think whats happening here is folks are zero-ing in on technicalities. all we're asking for is how to do this on the up and up. no tricks, and as far as technicalities go, this is just silly. no one is going to jail, no crimes are being committed. but thanks anyway...

after reading this i just went ahead and called customs/immigration officer and they were straight forward and direct with the best method. i was completely honest about what we're trying to accomplish and so on. it was easy and they were very helpful. sunflwrgrl13 is correct in stating that after filing the I130 that the I129f/K3 visa is an appropriate next step in making things speedy.

Noorah101

Hi Wendy,

We were just pointing out that it might be difficult to convince the POE officer that Rob is just coming for a visit. Just be prepared in case he gets turned away at the POE if he tries to come for a visit while it's all processing.

Best Wishes,
Rene

Bluegrass Lass

We're also just trying to point out to you other things to consider. For example, let's say the POE officer let's Rob into the US. So he's here for the duration - until the I-129f/I-130 is approved and he flies back to the UK to fill out paperwork and attend his interview and medical. Ok, so he's only allowed to stay here for up to 3 months (you know this I'm sure). What if the approval of the I-129f takes longer than 3 months?? Don't think that this couldn't happen. You need to figure out what you're going to do in this situation. If he overstays, he may have some 'splaining to do come time for his visa interview in London that could result in denial of his visa. And that will only lead to even more heartache because there will be no VWP for him to visit you on.

We all understand the need to be together as much as possible, but you need to be smart about it and don't end up causing more trouble for yourselves. Play it safe, smart and be careful you follow the rules.

Cheers,
Jamie