MrEmjoy

Hi, I've read through allot of posts on this forum before singing up and although they are helpful I feel it best to keep a log of my own case because I'm sure there will be differences. This will help me and hopefully others.

I'm here on V.W.P I arrived in July and I'm scheduled to leave this month. My Girlfriend is a US Citizen and I'm a UK Citizen.

1. I don't want to leave, I know that staying is 99% unlikely even if we were to get married are there any other options?

2. We're looking into getting the Fiance visa can I apply for it before I go back to the UK?

I've read and read and read and we're kinda at a loss of what we can do before I'm actually back in the UK.

Now obviously I will have over looked something but we're under presure at the moment because lets say, a little package

Normally people will think ahead before getting 'little packages' and make sure both parents can stay in the country, we did speak about it and decided to let nature take its course, and it wasn't an accident, we just didnt look at some of the more important aspects, I.E ME STAYING HERE, Doh.

We've worked out that I could, go back to the UK and then come back when said 'package' arrives but I'd rather be back here ASAP to look after (her) and make sure things are delivered ok

Thank you in advance

M&E

Bluegrass Lass

Really sorry to be the bearer of bad news, but you probably won't be back living in the US legally for at least 8-10 months, if not longer. You have 3 options:

1) Have your girlfriend file the I-129f to get started on a K1 fiance visa for you. You then return back home. Depending on the service center the I-129f is sent to (& you have no choice in which to go to), this could take 6-7 months (but I'm not 100% certain of the time frames right now). After the I-129f is approved, all the paperwork is sent to the National Visa Center, then on to the London Consulate. You will gather more paperwork, then have a medical and attend a visa interview. This usually takes another month or 2. Once the K1 is approved, you have 6months to enter the US on the visa, and once you enter you have 90 days to get married. After marriage, you then have to pay more fees and apply for you Adjustment of Status (AOS) to become a Permanent Resident. Along with the AOS, you also file for your Employment Authorization.

2) Or you get married while you are still here. You then wife files the I-130 for an Immigrant Visa for you. You then return to the UK. The I-130 gets approved (again, about 6-7 months). The file is then sent to the NVC, where some more paperwork will be requested of you. Same as the K1, you have a medical and visa interview. Once the Immigrant Visa is approved, you have 6months to enter the US. But with this visa, as soon as you enter the US, you are a Perm. Resident from day 1, and you automatically have the right to work wtihout filing any other paperwork.

3) The best option, is for you to have a one time, usually free, consultation with an attorney that could clarify these options, and potentially any others available to you.

Noorah101

M&E, I've moved your thread to the Marriage-Based visa forum.

And, I agree with sunflwrgrl. Those are your 3 options.

Rene

steve100100

I would agree with the above post….I came on a K-1. It took 6 months from the time I left the US until I had the visa in my passport. That was 3 years ago. Don't know what the exact processing times are now.

Noorah101

The best way of getting all the options available to you, is by having a 1-time, confidential consultation with an immigration attorney. This will only run you around $100 (if you can't find a free one), and it's money well worth spending.

Your fiancee can file the I-129F before you return to the UK, yes. You will have to wait to apply for the K-1 from inside the UK.

Rene

emjoy

thanks for all the fast and helpful advice you've offered us. We'll take your advice and seek out some legal help next week, i'm sure it will make us both feel better.

until then, can I ask, with either path (K1 or I-130) will he still be able to visit me legally during the waiting period?
I had read the VWP only permits visits of up to 90 days with 90 days in between, If I apply (I-130) before he leaves, and he returns to uk, is it possible for him to come on a VWP again to stay a few weeks during the application waiting process?


thanks again

Bluegrass Lass

Yes, my now hubby visited me 2 or 3 times while our I-129f was processing. However, he will probably be more scrutinized. Hence, he should bring evidence with him showing he still has ties in the UK, such as mortgage papers, or letter from employer showing expected return date. He can visit once you marry as well, but it could prove difficult because he obviously has immigrant intent

There's really no way to say 100% that he will be allowed entry. It's completely up to the discretion of the Immigration Officer at the Port of Entry (POE).


The VWP is only good for 90 days. The 90 days between visits is purely a rule of thumb a lot of us suggest, so that the immigrant doesn't appear to be living in the US. However, as far as giving you a definitive answer, we can't give one because of what I said above about the POE officer. He can try to come back for a few weeks, but have that evidence proving his intent to return to the UK.

Songbird

Firstly I am assuming that when you entered on the VWP you did NOT intend to stay i.e. you did not have immigration intentions. Correct?

Secondly I am also assuming that the recent turn of events - which occurred AFTER you entered the US is the reason you wish to stay. Correct?

Thirdly, again I am assuming - you now wish to get married and care for your pregnant wife in the USA without leaving. Correct?

If the answer is YES to all of the above then get yourself along PRONTO to an immigration attorney. It could be possible (and perfectly legal ) for you to marry and stay providing you act quickly (i.e. before the expiration of your allowed 90 days on the VWP) After that time the window will pretty much close on this as an option. Time is against you right now, and the clock is ticking so make that appointment now. It could be the case that having clarified this option with an attorney you decide that the logistical difficulties rule it out for you, in which case you have the other options as detailed. Personally I would make that appointment - it could be the best $100 you have ever spent

hobbes79

Or stay in the US...

OP, ask your lawyer about adjusting in the US. It's plagued with pitfalls that you need to be fully aware of, and only a qualified lawyer can explain the risks and what's involved.

It's a frowned upon option (for some valid reasons) so I wouldn't recommend asking additional questions about it on here. Save them for your lawyer.

MrEmjoy

Thanks,

As for the lawyer/attorney issue?

Can anyone suggest any in the Chicago area?

Noorah101

Check this link for AILA attorneys in your area: www.ailalawyer.com.

Rene

emjoy

out of curiosity, why is it only 90 days for the US? As USC, I could stay 6 months in canada or UK without issue, why so little time in the US? was this always the rule?

MrEmjoy

OK, I'm looking through all of these...

Can anyone suggest any in North Chicago, I mean we're close to downtown but who wants to go south

danfan

Agree with that. If you don't need to go back to the UK, get that attorney and travel if you have to for a good one. I came on the VWP and made a similar decision (without the little package though). We got married 3 days before my 90 days ran out & my atty helped me with all the legal stuff.

Gingerert

We met with a good one in Madison, WI but that's probably a bit too far for you, right?