filing from US

[dfouts 0]

My situation is that I am married to a UK citizen for over a year and I have a UK visa and were living in the UK for 9-10 months. We came to US on vacation and want to live here now. Is it possible to file from here? He's still on a 90 day visitors visa entry. Should we do the CR-1 or K-3? Can we file for an extension of stay for him? I realize this isn't the appropriate way to get a visa but what can we do now to follow all the rules? Please help?

[trinket 30]

Since he is on tourist visa you won't be able to file DCF from UK. If he had residency and lived in UK for past 6 months, you could have filed that.

So your option now is either to choose CR-1 or K-3, choose CR-1. K-3 actually slows down the process, and with CR-1 you will be saving $1000 plus will be able to work as soon as you come to US, rather than waiting for other process to complete with K-3.

Do read the guides and you will be fine.

Edited June 21, 2009 by trinket

[imaisha 0]

Since he is on tourist visa you won't be able to file DCF from UK. If he had residency and lived in UK for past 6 months, you could have filed that.

So your option now is either to choose CR-1 or K-3, choose CR-1. K-3 actually slows down the process, and with CR-1 you will be saving $1000 plus will be able to work as soon as you come to US, rather than waiting for other process to complete with K-3.

Do read the guides and you will be fine.

They are eligible for DCF. He is on a visitor's visa in the U.S.

He is a citizen and resident of the U.K. The OP, his wife, received a spousal visa for the U.K. and has been a resident there for "9-10 months."

[chinese_mutt 11]

no, you cannot stay in the US with a tourist visa to adjust status.

must go back to UK and file either a DCF or CR1/IR1 visa.

Good luck!