Mariaslk

I was wondering if anyone else had been given advice when applying for Green Card/Perm Residence due to marriage to USC?

Mine told me to go over on VWP and start application whilst in the US. But isn't this illegal to do it this way?

Also, if I'm in the UK now and travelling to the US every 6-7 weeks (on VWP) is this still possible after the I-130 is sent off. And can I still travel on VWP on this basis until final Green Card is approved?

Noorah101

In 2003, when I consulted an attorney on the best way to bring my fiance here, she suggested the K-1 visa. I asked if it would be OK if he came over on a visitor's visa and then we get married and he can then stay here. She said "USCIS frowns on that". So I didn't do it. We did the K-1 visa.

Was the lawyer in the UK? It's legal to use the VWP to go to the USA for the purpose of getting married, then returning to your home country for visa processing. That's not a problem. It's misuse and abuse of the VWP to go to the USA with the intent to remain and adjust status to permanent resident. That's the illegal part.

It is possible to continue visiting on the VWP while the I-130 is in progress, yes, and up until you receive your Immigrant Visa. Be aware that each time you come to the USA, it is up to the POE officer to let you in or not. Bring proof of your ties to the UK in case they ask at the POE. Also note that you will need to be back in the UK to receive your immigrant visa application forms, do your medical, and attend the interview.

Best Wishes,
Rene

Folinskyinla

Hi:

Get a second opinion.

Back in the mid-80's there were several prosecutions of immigration lawyers for immigration fraud. Some were justified. However, others simply went over the line and went after lawyers who were following accepted practice. In fact, in one of the prosecutions, the lawyer was able to enlist INS HQ to tell the prosecuting USA that he was nuts -- the practice was a subject of debate of legality, but it did not cross the line into criminal liability because the arguments in favor of the practice were well taken.

I remember a lawyer at an ethics training session noting that the attorney-client privilege bars the attorney from talking, but not the client. So, it was good practice to "envision that your client is a microphone wired into the US Attorney's office." Rule was never give your client advice that YOU [as the lawyer] would be subjected to criminal prosecution.

Rete

Your post doesn't make a bit of sense.

You don't get a green card from the filing of the I-130 alone unless you are going to be interviewing at the US Consulate aboard. If your attorney told you to file the I-130 after marriage and go back to the UK, then they didn't tell you anything illegal.

Mariaslk

Sorry Rete

I realise that there are additional forms to be filed after the I-130.

I'm already married by the way - My attorney told me to return to the US and start the immigration process and stay in the country until it was processed.

Noorah101

You can't stay in the country until it's completely processed. You can file the I-130 while you're in the USA, and you can stay your 90 days on the VWP, but then you must return to the UK. You can come back and visit on the VWP in the meantime, while it processes, but you can't live here in the USA on the VWP until the I-130 is finished processing. Part of the I-130 process entails work you need to do in the UK - obtaining police report, filling out imimgrant visa application forms, getting your medical done, and most importantly attending the visa interview at the US Embassy in London.

From filing the I-130 to getting visa in hand, takes about 8 to 10 months. If you stay in the USA all that time, you'll overstay your VWP and will be worse off.

Rene

Mariaslk

That's good news then as I will only be staying in the US for a max of 1 month at a time until this whole thing has been processed.

Noorah101

Just make sure not to make too many trips to the USA back-to-back, as that will get the POE officers asking more questions. Typical rule of thumb is "spend at least as much time outside the USA as inside".

Rene

Noorah101

Actually, I see that many of these same questions were answered in your other thread: http://britishexpats.com/forum/showt...=486733&page=4

You posted that thread while you were in the USA. You got some answers based on that fact.

NOW, you are in the UK, so it's a bit different. Why not have your USC husband go ahead and start filing the I-130 for you and your child NOW, and get the ball rolling? You don't need to be in the USA for that.

Rene

Mariaslk

I think we will have to wait until we are given approval from the courts (march 08) to take my daughter to live in the US otherwise we may be spending $000's on the application only to be told that we can't go.

Noorah101

Good idea.

Rene

Mariaslk

Hi it's me again!
Rene thanks for your response confirming that I can still continue to visit the US on the VWP until my visa application is processed (1-130). (at discretion of officer at POE) But I keep reading on other threads that there has to be a period of separation once the petition is filed. Sorry if I'm sounding a bit dim about this whole thing, I just want to be sure that in theory I can still travel to the US for 2-3 weeks at a time until I have my PR.
Thanks

Tracym

I believe that people are referring to the period of separation where they have to return to the UK to live - i.e. separated becaues they cannot live together in the U.S.

For example - I am still "separated" from my fiance, even though he could in theory visit me.

While you are technically allowed to visit, I think some have trouble at the POE. Whether or not you will depends upon your circumstances and the officer you get that day.

Noorah101

What Tracy said.

Rene