Folinskyinla

Sigh. You are going into the realm of what is called the "ten-foot pole" here. A member of this board sent me a link to the "visa waiver express." You have probably "heard" about that. It happens to be illegal. And it is potentially dangerous. I've personally seen tragedies from failed uses of that "express" system.

Also, although I am aware of no actual prosecutions YET for encouraging violation of the immigration laws by internet postings, it is way too easy for a trained lawyer [such as myself] to formulate the legal basis of such a prosecution. There have been prosecutions in other areas of the law.

Gratuitous advice -- leave that question alone here -- if you don't, you will set off a flame war.

You may want to use the "express" -- but the legal process isn't all that long in the scheme of things.

Noorah101

The USC must be resident in that country for 6+ months in order to qualify for DCF. If you have been resident in Turkey for 6+ months, and can stay in Turkey another few months, you might be able to try filing in Ankara.

If you've been away from the UK for a while, I'm not sure if you will still be considered resident there when you go back, and you might have to wait another 6 months to file DCF there.

I don't know for sure, just thinking out loud.

Rene
p.s. - you won't be staying anywhere throughout the GC process. Your wife will become a PR upon entry to the USA, no sooner. The process you will be going through is the Immigrant Visa process - not a Green Card process. The result is a green card, but not until she enters the USA.

Folinskyinla

Hi:

What is your status in Turkey? Do you live there legally?

Folinskyinla

Rene:

I can't say for certain, but I have a feeling that the 6 month rule will not be applied to one taking up residence in the country of their nationality or lawful residence.

meauxna

Danny, hopefully it's already clear: It is illegal to enter the US as a visitor with the intent to immigrate on that visit.
Coming on the 'normal visa and then applying in the US' is doing just that.. coming as a visitor with the plan to 'process stuff' in the US.

You have a fast, easy method open to you, highly preferable to your plan anyway. We used the 'DCF' method and it took 33 days to get our visa (in Athens--my husband is a UKC).


If you are living in Turkey, and have been for the past 6 months, and will be for at least the future 6 or so months, then yes, it would make sense to apply where you are. You may be able to put the I-130 in via Constantinople, but the visa interview will be in Ankara.. look on their website.

The top link in my signature explains how the process flows for Direct Consular Filing, and it will lead you to the Embassy and Consular pages YOU will need for Turkey.
If your plans are to be living elsewhere, post back.

Noorah101

At least now the OP knows what he needs to focus on first - immigrating his wife. In-laws take a back seat for several years (unless of course they can get a visa on their own).

Rene

danny1

Hi, obviously there is a big misunderstading here. I wasn't encouraging anything but was merely seeking an advice on how to best apply for a visa for my wife. I don't have any knowledge of visa waiver express, nor the fact that it is illegal entering the US and then applying for a spouse visa afterwards. I am still confused on why this would be illegal.
check out this thread ms euli's post:

http://britishexpats.com/forum/showthread.php?t=507227

danny1

Thanks for the advice but, where is Constantinople?

Noorah101

I don't see any relevance of that post to your situation. You are a USC who wants to bring your UKC wife over to live and work permanently in the USA, right? The Immigrant Visa is the one you will need.

That thread is all about 2 UKC people, unmarried, where one is getting transferred from within his company, and she is looking for a way to accompany him. Even if she goes on a B visa, as suggested in that thread, she won't be able to work.

Rene

Rete

And I have this lovely bridge that we bought from the Brits a while back that you might want to purchase and reinstate back in the UK. PM me and let me know. All offers are welcome.

There is absolutely NO TRUTH in what you have heard. Being married to an American don't mean diddly to the USCIS other than to put you in one line rather than the other.

Rete

Never heard of it myself nor have I seen a link to it.

Noorah101

From the Department of State Website: http://travel.state.gov/visa/temp/wi...l#travelertype

Nationals of the 27 countries participating in the Visa Waiver Program may use VWP if:

The purpose of their stay in the United States is 90 days or less for tourism or business (if in doubt, travelers should check with the nearest Embassy or Consulate to verify that what they plan to do is considered tourism or business.

They can demonstrate the intent to stay 90 days or less in the United States and demonstrate sufficient funds to support themselves while in the United States. Learn more on the CBP website.

Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

Rene

Noorah101

You wouldn't be applying for a spouse visa afterwards...you'd be applying for her adjustment of status to permanent resident, which is not allowed.

Rene

meauxna

It still makes me laugh at how many people stick to it!

What part of her post stuck out to you?
As Rene points out, they are different citizenships trying to accomplish something different that you.

This thread might be more instructive: http://britishexpats.com/forum/showthread.php?t=505302

ian-mstm

I feel a 1953 Nat Simon song a-coming!

Ian