old_spaghetti

Thanks. My understanding is that it is still risky to enter under VWP whilst an IR-1 is in process? Did you do that yourself? The timelines I have been given for filing from the UK are much longer than what you have been able to achieve, was there anything special about the process you took or did you just get lucky?

Anyway I see we have lapsed into a visa discussion even though that wasn't my intention/question..

civilservant

Because everything else is immaterial. You don't get to determine how people respond to your thread.

Significantly less 'risky' than your idea. I did it 3-5 times with zero issues.

old_spaghetti

The fact is that there was no pre-conceived intent and so no visa fraud has been committed, we have evidence to demonstrate that we had every intention of returning to UK at the time we entered, so I think the risk is low. Are you an immigration attorney?

civilservant

The fact is that's not your, or your attorneys, determination to make. It's the adjudicating officers.

Clearly I'm not an attorney. Ultimately I don't give a hoot what you do, it matters little to me. Like I said, if your risk tolerance is high go for it, but the consequences could be severe, and you can't say you weren't warned.

Winston_the_Great_Dane

Nothing special about the IR-1 I did, just ensured I submitted everything on time and pushed for medical cancellation appointment to speed things up.

I entered on VWP while going through the IR-1 visa process, no issue at all as long as you can demonstrate intent to return to the UK - i.e. return flight ticket etc. I showed my consulate interview info and the CBP officer was fine.

It's entirely your choice how you do it, but if it's a serious life decision, I'd always choose the path which has the smallest risk of failure. The path I chose was relatively speedy and zero risk.



W

old_spaghetti

OK, well I don't give a hoot about your advice, I trust my attorney's advice much more. I was hoping to find some helpful and friendly people here to advise about living in Florida but I'm about ready to delete my account and not come back after your best attempts to spook me. I guess it's been a while since I've been on online forums and I've forgot what people on the internet are like.

civilservant

You call it spooking, I (and the rest of the forum) call it advice about worst case scenario. Advice that, even if unheeded, is always best given.

old_spaghetti

Ah, I see you're one of the ones who thinks they speak for everyone and always has to have the last word. I'll get my coat.

Rete

As you have said, and others concur, you have seen an immigration attorney and on their advice will remain in the US and proceed to adjust status. I have some questions:

1. Do you work? If so, have you already handed in your resignation? If you work for yourself, do you know that you cannot work, even for yourself, while you are here in the US without an EAD?

2. Are you planning on returning to the UK at some point to pack up your home and ship them to the US?

3. Do you own property that you will be placing on the market to sell or rent in the UK?

Yes, what you are planning can be done and has been done successfully thousands of time in the past. Unfortunately, the political climate at the moment means your case will be scrutinized far closer than it would have been under Obama. Under Trump, your risk factor has increased more than marginally.

I'm assuming you and your wife are a mature couple and can handle being apart from one another for 3 to 6 months without falling to pieces or being unfaithful. You're going to be apart when you need to return to the UK to pack up your belongings and settle your affairs there, i.e. taxes, banking, etc.

Your wife only needs to return to the UK for a short weekend visit to file the paperwork at the US Consulate and then she can leave for the US permanently. You can get your police report, have your medical and all your documents in order for submission so that things go smoothly and quicker. You can visit the US while waiting. As long as the agent at the POE knows that you are doing DCF, you won't have a problem. Only been one person in 20 years that had an issue that I know of on these forums and they were not doing DCF.

You also aware that you won't be able to work or leave the US with an employment document or advance parole and these are taking 3 to 6 months. The same amount of time as it would take for you to get the visa at the US Consulate in London if your wife files for you there on your return trip.

Being apart should NOT be the factor that swings your decision. Adults have the maturity to handle short term adverse situations. Whether you will be able to work, travel, setup a home with your own belongings, etc. in a short time frame are far more important then being alone for a short period. Think about it.

Rete

You gave it. Now give it a rest.

OS, lots of Floridians here on BE. When the noise dies down, they will come forward. Most are in Orlando as that seems to be the BE mecca. But there are some in Miami and Ft. Lauderdale.

Pulaski

​​​​​​​I agree with everything Civilservant has advised. ..... You realize, I presume, that attorneys have a habit of proferring advice that generates further need for their services, .... and entering on the VWP, which by definition requires that you declare that you do not have immigration intent, but with the actual intention of staying in the US and switching status (from visitor on VWP, to spouse of USC) is potentially problematic (as Civil servant advised, the downside risk might be small, but the implications very serious if things turn pear-shaped), and hence you would be well advised to take up your lawyers offer of "assistance" to the tune of $1,500 or more (I am not sure what the going rate is these days).

Hotscot

Philosophically speaking.
If there's a non-zero chance that a course of action could result in a vastly negative outcome, a ban, for example.
Would it be worth taking that risk?
Or eliminating that risk completely.

One of the reasons I don't bungee jump...

Pulaski

The way the wind is blowing in DC I suspect that there is greater chance today than a couple of years ago, of some wildly unexpected decisions coming out of status adjustment processing.

carcajou

Weston is a high-end suburb. Dan Marino lives there (or, at least used to - he was, for lack of a better term, the unofficial spokesperson for the suburb), and one of my surgeon friends lives there. Sunrise is an upper-middle-class neighbourhood. Sawgrass Mills (at one time, the second-biggest mall in the US) is there, as is the hockey arena. Both would be fine as places to live - but the 20-30 minute commute is optimistic. South Florida traffic is a nightmare and even if you are "close" to the workplace you still might be in for a 30-45 minute commute. You really need to go there and make the rush-hour commute yourself from various points and see what it is like. Davie and Plantation are both solid middle-class areas.

Windstorm insurance is a significant, significant cost factor for anyone living directly on the coast in South Florida. For a while (this was about a decade or more ago) I heard of people with beachfront condos, who were paying more each month on their windstorm insurance than they were on their mortgage. Many people have swimming pools in their backyards or condo complexes.

As for your immigration plans, it doesn't matter if it is Trump or Obama in the White House - some people need to turn off the Cable News Hysterics. If it is legal, it is legal, and there is nothing to worry about. If it isn't, it isn't, and you risk a ban.