Lupa

Thanks for the replies everyone. I have read through the USCIS site thoroughly from morning to night to morning again doing research. What I do not understand is why some of you had to go back to the uk and wait for your visa to be processed following marriage?

From the USCIS website, this is what I have obtained about adjusting status:

ineligibility:
You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?
If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending.

Seanus

Hi,

I think you are confused. Your spouse cannot come and live with you in the US while their visa is pending, as a visa is a document that is used to get into the country and she/he would need this in order to enter the country. Hence the reason why you have to petition for a visa to be issued for your spouse. Once they have been issued their visa at the US consulate abroad, only then can they enter the US.

~Sean~

Noorah101

The ones who went back to the UK to wait for the visa after marrying in the USA were the ones who knew they were coming to get married in the USA. They planned ahead to get married in the USA (as you are doing). Then they had to return to the UK for visa processing, which is the correct procedure.

This is true.

Could you post the actual link to this part? "ineligibility:
You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)" Thanks.

Rene

Noorah101

Well....a spouse can enter the USA on a K-3 visa, in order to live with the USC spouse while the IV immigrant visa is pending. But....you are right....even that entry still needs the K-3 visa. Lately, the IV immigrant visa is just as fast as the K-3 so no need really to go the K-3 route.

Rene

Seanus

Hey Reneee,

Why do you suppose the IV immigrant visa is called a visa at all then if you are eligible for it when you already in the country on a K-3? LoL

If you don't apply for a K-3 but rather apply for a IV immigrant visa, then you would still need it to be issued before you can enter the US, correct?

~S~

Noorah101

Right. They're both visas, just different kinds. One is immigrant, one is non-immigrant.

Bob

adjusting status while using the VWP is allowed, but it is the whole intent issue that is the problem, your not allowed to intend to immigrate to the US using the VWP, to do so would be visa fraud and if you plan to marry and then stay, that is fraud and lying to the office at POE could get you into a lot of trouble, also, using the VWP, your waiving your right to appeal the decision if your AOS is denied.

Just Jenney

No offense, but I don't understand what you don't understand about that bit.

You are planning to come to the US on the VWP to marry and then stay to adjust status. Since you aren't his immediate relative, you aren't eligible to do that. Instead, in the eyes of US immigration officials, you are just like any other tourist who enters on the VWP -- the key word here being "tourist".

If you want to marry in the US while on the VWP, you can do that. But be prepared to go back to the UK before your 90 days is up so you can get the spousal visa process started, which will then allow you to emigrate as his immediate relative (spouse).

~ Jenney

JenniferB

See, that's what I thought. That the spouse/fiance has to go back to their original country and wait for a visa.

My BIL is illegal in the U.S., stayed past his 90 days, with the intent to marry once he gets his divorce. Divorce that hasn't even started & can take a year. He claims they are so "in love" and now he's gotten her pregnant too. He won't listen to anyone either.

No matter how much 2 people are in love, why would anyone want to "taint" that love with having to always worry about getting caught, IMO.

leedsPaddy

Lupa,
I have sent you a private message. Please read.

Matthew Udall

An immigrant visa is called a visa as it is a document issued by the U.S. Government (after closely examining the petitioner and visa applicant’s facts/situation) that "allows one to enter the U.S." With this particular type of visa (“Immigrant”), one is coming to the U.S. permanently and is granted the equivalent of a greencard (permanent or conditional permanent resident status) at the port of entry.

Visas are only issued at Consulates “outside” the U.S., not from within the U.S. to someone already in the U.S. So if someone is here hanging out with their K-3 visa (which is not an immigrant visa, is for a temporary stay in the U.S. and does not yield the equivalent of a greencard to the K-3 entrant at the port of entry) they would have to go to a U.S. Consulate (which logistically means they have to depart the U.S.) once the I-130 (for the immigrant visa) is approved if what they are seeking is an immigrant visa (which might yield the LPR or CLPR status much faster than instead staying in the U.S. and filing an I-485 to go along with the approved I-130).

Matthew Udall

Perhaps (your comment about the speed of issuance). I-129fs for K-3 are processed at the NBC while I-130s are processed at the CSC, NSC, TSC (when they are not dumping them off to the CSC) and the VSC. One could look at the processing time reports for the I-129f (K-3/4) and I-130s at the various service centers to see how they compare to each other.

But looking at the reports is no guarantee that a given service center will keep plodding along at any given rate on any given case type. We’ve seen over the years that service centers speed up and slow down on various case types for a wide variety of reasons.

Plus, the I-130 will likely require I-864 pre-clearance at the NVC (not so with the I-129f for K-3/4). I think there also might be different security checks required for K-3/4 vs. the immigrant visa, and that might influence the amount of time a given case might require.

With so much uncertainty in the speed with the two different case types, I can see why some couples might risk the $165.00 (due to go up in a few days) I-129f filing fee to have that option available to them “just in case” the I-130s bog down at a service center or experience a significant delay due to the NVC pre-clearance, security checks, or a given consulate's work load at their IV processing unit (or other weird situations... for example, the I-130 case becomes lost somewhere along the way).

ArrogantU2Fan

Okay I am confused!!! I am extremely familiar with US Immigration laws as I am a American...I was married to a Iranian who had been here illegally 8 years...he has since passed away...I also study Immigration Laws...what are the reasons you all have to have been separated?? Even Ali having been here illegally did not have to return to Iran, since he entered the US illegally we did have to go back to port of entry because he could not adjust status even though we were married and have him enter legally it was not a big deal. I do not understand why some of you are having to go back for 6 months?? You can file a I485, change of status, along with your I130....and get temporary authorization to stay in United States, as you have a petition pending, until your green card is complete. You must file that I485 before your expiration date on I94 this holds true even under the Waiverless Visa Program...explain to me what is happening to you guys...Susan

andrea874

This is not a hard concept to grasp: One must use immigrant visa's if they want to immigrate. If you're planning on immigrating to the US you can not legally come in on a NON-IMMIGRANT visa and stay.

leedsPaddy

You people are so bloody naive..............Yes you are not suppose to immigrate on a Visa waiver but I bet your bottom dollar that the vast majority of aliens who marry USC do so on a visa waiver or B2 tourist visa or a student visa rather than a fiancee visa. I should know because I did it that way.