Elvira

It's not clear from what she wrote:

"My OH is a UK citizen who has been working in US for 6 years, has a green card and is 2 years away from applying for citizenship. After USC is (hopefully) granted, we will get married, and my son and I will move to the US.............. For the past 6 years, I have been travelling to the US on VWP..."

Maybe she can come back and clarify. But if I were her, I would definitely talk to a lawyer who specialises in marriage-based immigration and who has experience in dealing with LPR cases.

meauxna

Yes, but even if what we are thinking, that ship has now sailed.
I think she wanted to complete her program outside the US; maybe that was part of it.
Oh well, we can sit around and guess all day but it won't get my laundry done.

yc2m

Hi Guys,

I'm sorry to seem ignorant but I thought that if we got married whilst OH was still LPR, and filed an I-130, then if I went home to finish my degree, I wouldn't be able to return to US until a visa was available and all paperwork completed.

I shall definitely take the advice from you clever guys and speak to a immigration lawyer who specialises in Marriage Based Visas.

Thank you for all your replies

Noorah101

You still would have been able to visit on the VWP, even if you had been married to an LPR.

Rene

yc2m

.......os how i feel!!
thanks Noorah101

crg

Erm... you would still be able to apply to visit under the VWP with a pending I-130. The fact that you have a pending/approved I-130 can lead to problems at the border. It is an indicator of immigrant intent. The suspicion can be overcome, but you could also be denied.

Elvira

On the other hand, having an I-130 in the works would also go some way to show that these guys are following the rules and doing things by the book. After all, lots of people visit their fiance(e)s while they are waiting for K1 approval, so having a petition in the works is fine.

crg

Visiting with a pending K-1 is a different animal. The I-129F is the first step to getting a visa from the consulate, and an indicator that the person is not seeking an AOS in the US. If someone files an I-129F, and then an AOS they'd be wasting at least the $455 fee.

An I-130 can lead to an immigrant visa from the consulate, or an AOS application. If the person has a pending I-130, and also something filed with the consulate it may look like they're going to do it the right way, but just a pending I-130 could raise some alarms. Of course, a description of the consular process and an honest face could overcome their concerns.

yc2m

Guys:
just want to shout out a big thank you for all the information and advice you offered in relation to my dilemma!! This forum is so rescourceful and I really appreciate the time taken to reply.
It would appear from the replies and the information I had been given previously, this really is a bit of a grey area, and to be honest, I'm really not sure how things will turn out .

However, we are now looking to get an appointment with an immigration attorney who has first hand experience of dealing with immigration queries involving LPR's and their partners, and also the issue of the B2 and VWP.

Keep kicking myself though, for being such a plonker, not to realise I was doing things wrong

yc2m

PepsiChic

Could I possibly suggest something?

You dont know if you'll get refused at point of entry on the Visa Wavier. Could you not possibly do the ESTA (is that right) online form which you need to fill in first anyway.

If there was a problem would this not show it?

yc2m

Hey PepsiChic
Yeah, I already completed the online ESTA before I came out here, but thanks for the suggestion & best of luck with the interview

PepsiChic

ah no prob, just wasnt sure if it had been tried. good luck! x

yc2m

Hey Guys,

following all the helpful replies, my OH and I have been searching the net for immigration lawyers, of which there seems to be plenty! Most of them seem to be indicating they have experience with all aspects of immigration visa issues.

So.....could any of you knowledgeable folk please suggest what I should be looking for? Should I be asking if they are specialists in e.g. LPR's and their families or just family immigrant visa's.

Thanks again

yc2m

Elvira

I believe Matt Udall who posts here is very helpful and specializes in marriage-based immigration.

Ray

Or his close relative .. Matt Udall Immigration Attorney and Thespian