change of status after entering on visa waiver?
#1
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Joined: Jan 2008
Posts: 4
change of status after entering on visa waiver?
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.
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.
#3
Re: change of status after entering on visa waiver?
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.
3) any other better ideas for how to go about this?
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.
#4
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Joined: Jan 2008
Posts: 4
Re: change of status after entering on visa waiver?
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?
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?
#5
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: change of status after entering on visa waiver?
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
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: change of status after entering on visa waiver?
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.
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.
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
#7
Re: change of status after entering on visa waiver?
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?
Rene
#8
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Joined: Jan 2008
Posts: 4
Re: change of status after entering on visa waiver?
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.
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
Last edited by KJR007; Jan 29th 2008 at 8:04 am. Reason: typo
#9
Re: change of status after entering on visa waiver?
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
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
Last edited by Noorah101; Jan 29th 2008 at 10:40 am.
#10
Re: change of status after entering on visa waiver?
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?
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)
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
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.
#11
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Joined: Jan 2008
Posts: 4
Re: change of status after entering on visa waiver?
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.
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?
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?
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...
#12
Re: change of status after entering on visa waiver?
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...
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
#13
Re: change of status after entering on visa waiver?
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
#14
Re: change of status after entering on visa waiver?
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.
#15
Re: change of status after entering on visa waiver?
* 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.