KJR007

Hi there, I'm new to the forum but this seems like the place i'm looking for...

I'm an American living in the UK, and about to marry an English woman in April. We're hoping to relocate to the US in June so that I can do a 1-year masters programme, and then likely stay on in the US indefinitely. Obviously we'd like to arrive legally and together, but what I'm learning is that the time of processing the i130 may make that harder than it should be.

One option we've come across is for her to enter on a the normal visa waiver, and then do the i485 change of status process. Seems to make sense, but I've got a few questions that hopefully someone out there can help with...

1) is there anything illegal with this approach? the i485 instructions are very unclear...
2) how long would that process take before she should be granted status?
3) any other better ideas for how to go about this?

thanks a ton....

k.

fatbrit

Your search term on this forum is "10-foot pole".

Noorah101

Yes. It's illegal to enter the USA on the VWP with the intent to remain and adjust status.

File the I-130 directly in London, if the USC has lived in the UK for 6+ months, you probably qualify to do this. Processing time gets cut down to only 4 - 6 months instead of the 8 - 10 it would take if you filed the I-130 in the USA.

Other option, if somehow that doesn't work for you, file the I-130 in the USA (the USC does not have to be present in the USA to do this). Wait the 8 - 10 months for the immigrant visa, then enter the USA legally.

Those are your choices....

Rene

p.s. - moving this thread to the Marriage-based forum.

KJR007

Thanks Rene -- So I feared. (ps, thanks for the relo, I hadn't come across the marriage sub-section before I posted.)

But what if intent were not to remain, but only to visit and help me settle in on the VWP? Is it specifically illegal to enter the US while the i130 is being processed?

If that's legal, we could file here in the UK right after we're married, wait 2 months here after we're married but before we need to move, then visit the US for 2-3 months, and hopefully then fly home to the UK complete the process at the embassy. Am I crazy, or is that realistic and legal?

ian-mstm

The concept of "intent" is a grey area... but since you have previously mentioned your intent, you can't now say that the thought hadn't entered your mind... and it is widely rumored that USCIS monitors this forum.


No... but that doesn't mean it's necessarily a good idea!


Actually, this sounds feasible. Be aware that at any point, your new wife can be refused entry to the US... and marriage to a USC won't help her any.

Ian

Folinskyinla

Hi:

1. Yes. The I-485 instructions are not the entire law on this. Although a lot of people may do this successfully, when it blows up it blows up big. And then you get to pay someone like me to do some heavy "janitorial work" to clean up the mess. Also, the law of criminal conspiracy, and criminal alien smuggling is frightening. In this day and age, I would not be surprise to see a prosecution. [One member here likes to ask "when has it happened?" My response is that there is always a first time. Also, it has happened in other areas of the law.]

2. It will take the time between initiation of the process and her entry on an immigrant visa. Once you have those two points -- the timeline is easy to compute. Any other answer will be extrapolation for current applications combined with speculation and an assumption that things do not change. "Your mileage may vary."

3. The legal path. You might want to get married now under the law to get the ball rolling.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

Noorah101

It's OK to visit the USA on the VWP once you have filed an I-130, yes. That is legal. Make sure the UKC brings proof of the ties to the UK in case asked at the POE. (i.e., home, work, school...)

Did you find out if you qualify for DCF? That means filing the I-130 directly in London. If you do, you can file the I-130 in London after you're married. Then the USC is free to come to the USA whenever. The UKC can come visit the USA while the visa process is going on, but they would need to be back in the UK to receive the visa application forms, turn in the checklist, get the medical done, and attend the interview (those don't all happen at once). Then, once the UKC has the immigrant visa in-hand, they can move permanently to the USA.

Rene

KJR007

I do qualify DCF, so we can start the process in the UK immediately after we are married. sounds like we may be onto something here... thanks again.

if we go that route (ie, start DCF in UK, enter US on VWP and return to UK to finish process), that comes with its own set of questions. If anyone here has any thoughts on these, I'd really appreciate it...

a) how much notice would we get so that we can return to the UK in time to do these things properly?
b) how would we actually receive the notice?
c) how long is the typical lag between the steps rene notes above (receive the visa application forms, turn in the checklist, get the medical done, and attend the interview)
d) any other ideas about anything I could do in advance (letters from laywers, etc.) that would help smooth the way at immigration? As I said, I do want to do this 100% legally but know that we may invite too many questions if we go about it the wrong way

Noorah101

You mean how long does it take to get the notice that the I-130 is approved and get the package of visa applications? I'm not sure, but probably someone will come along who knows.

In the regular mail. Make sure if no one is there, that you have someone reliable checking your mail daily.

Since the whole thing only takes between 4 to maybe 6 months, I can't imagine there would be very long waiting periods involved for anything. I

The UKC will need a police report from any country lived in for 6+ months, over the age of 16, including the UK. The UK police report takes up to 40 days to receive, and is valid for 1 year, so that's a good thing to get ahead of time.

The UKC can go to her general practitioner and make sure all her vaccinations are up to date, and get a record of that, so when she goes for her medical they can see what vaccinations she has. If she needs any, have them done by the GP, it's cheaper than having the civil surgeon do it at the immigration medical.

The USC can make sure that at least the most recent 3 years of US taxes have been filed. The USC can take a look at the I-864 affidavit of support to make sure he qualifies, or might need a joint sponsor. You can think about showing proof of domicile (or intent to domicile) in the USA.

Best Wishes,
Rene

Rete

This is assuming that you are allowed into the US. You might not make it through the POE if there is any thought by the agent that you might remain in the US to complete the adjustment of status.

All of the time quotes are guestimates and vary according to whim and time of year. Longer delays when filed around the holidays and summer months due to vacations, etc. You can d/l the forms from the US Consulate's website. There is no need to wait for the packet to be sent to you. You do need their letter, however, to schedule the medical. You can obtain all your other documentation as soon as you send in the I-130 for processing, i.e. police compliance certificate, etc.

Why do you feel that you need letters from an attorney? What would they be able to attest to in a letter which would smooth your way through immigration?

If you follow the prescribed processing for obtaining an immediate relative visa through the US Consulate in London then you are doing it 100% legally.

Take note that if you have an DWI/DUI charges on your record you need to have court records and have a physician testify that you are not an alcoholic, etc. This is something new.

KJR007

What I was getting at is, is there any good way to remove from the agents mind that we would consider staying to adjust status, so that we could avoid that very situation?

I was thinking a letter that said something along the lines of, "I've advised my client that they can legally visit for up to 90 days on VWP but must return to UK to complete the process, and understand that is their intention" might help if we got into that kind of a situation. dunno, i may be grasping at straws...

Noorah101

Yes, bring proof of your ties to the UK. Home mortgage paperwork, apartment lease, property ownership, letter from employer stating when they are due back at work, letter from school stating when they are due back in class, things of that sort.

You can bring them and try showing them, it's ultimately up to the POE Officer to let you in or not, no matter how much evidence you bring.

In my layman's opinion, having a letter advising you not to do something, doesn't really prove you won't do it anyway.

Rene

Noorah101

Two months won't be enough time for her to get her immigrant visa. You might want to think about getting married now, instead of April (or at least get married legally now and start the paperwork...you can still have a ceremony in April), that way perhaps she'll get her visa in time for you both to go to the USA together.

Or, worst case scenario, you come to the USA first, and have a couple of months brief separation while she gets her immigrant visa. As the USC, you don't need to be back in the UK for anything after the initial filing of the I-130.

Rene

JCraigFong

I am often asked about writing a letter for a client, telling immigration what I've advised the client. Aside from the fact that this can sometimes be quite a task, given the complexity of the advice that is sometimes given, I have not found that this is what the border agents want. As I routinely remind clients, "what the attorney says is NOT evidence."

The border agent CAN however be swayed by the alien looking him/her directly in the eye, speaking in the measured mature tones of a responsible adult, and truthfully saying something like, "My attorney has advised me that I may not adjust status" or "my attorney has advised me that I may not come to the USA as a visitor with the purpose of getting married," followed by, "...and I understand this advice, I understand the law related to it, I do not intend to commit fraud, and I will not adjust (get married) during my visit." If the border agent believes you, you'll be allowed in.

If on the other hand the border agent sees that you're carrying a copy of Brides Magazine and have 6 cabin trunks filled with your trousseau, s/he is unlikely to believe you.

fatbrit

But I have to go back to the UK in <month> to:
* sell the house
* go to my job
* watch the Test at Lord's
* attend my sister's wedding/parent's wedding anniversary/school reunion/etc.

If you tell 'em you anything or make any assurances, make sure you stick to them. Your utterings will probably have been recorded and can come back to haunt you.