US citizen with UK spouse

[dfouts 0]

This is our situation. I (US citizen) married a UK citizen over a year ago and went through the visa process to get a UK visa and moved to Scotland. I lived there with my husband for 8 months when we recently came to the US to visit. We want to stay here and get a US visa for him to stay. Can this be done from the US? He entered on a tourist visa and is within the 90 day stay. Can/should I file a I-130 petition now with the I-864? Help!

[canadian_wife 1,808]

If you entered with the intent on visiting and not staying, you may file the I-130 and the I-145 to adjust status.

Read the guides, wonderful place to begin your journey

Good luck

[JerrysGirlAnne 2]

Honestly, it would take less time if you just went back to the UK and went through DCF. We filed the I-130 in April, and now we are just waiting on the interview. Takes a lot less time to DCF than it does to go through the process in the States.

[imaisha 0]

You'll also probably have an uphill battle proving that when your spouse came to the U.S. with you it was just for a visit since you're already married...

[meauxna 15]

This is our situation. I (US citizen) married a UK citizen over a year ago and went through the visa process to get a UK visa and moved to Scotland. I lived there with my husband for 8 months when we recently came to the US to visit. We want to stay here and get a US visa for him to stay. Can this be done from the US? He entered on a tourist visa and is within the 90 day stay. Can/should I file a I-130 petition now with the I-864? Help!

If you are both in the US right now, the smartest move would be to consult with an immigration attorney, in private, about YOUR specific situation.

In most cases, it's not a problem for your husband to apply to Adjust Status. Now you need to go find out if that is so for *your* case.

[meauxna 15]

Honestly, it would take less time if you just went back to the UK and went through DCF. We filed the I-130 in April, and now we are just waiting on the interview. Takes a lot less time to DCF than it does to go through the process in the States.

How can that be, when adjustment cases average less than 6 months and London DCF cases take about the same?

You'll also probably have an uphill battle proving that when your spouse came to the U.S. with you it was just for a visit since you're already married...

How can you base that from what was written and posted here? Marriage to a citizen carries a higher bar of immigrant intent, but this guy was admitted. People who live outside of the US are allowed to visit. As he's already in, I'd suggest he already did convince the border agent that he was here for a visit.

[imaisha 0]

You'll also probably have an uphill battle proving that when your spouse came to the U.S. with you it was just for a visit since you're already married...

How can you base that from what was written and posted here? Marriage to a citizen carries a higher bar of immigrant intent, but this guy was admitted. People who live outside of the US are allowed to visit. As he's already in, I'd suggest he already did convince the border agent that he was here for a visit.

Well it's not up to the person at his port of entry to adjust his status- it's up to the officer at USCIS to adjudicate it. We don't know, nor does that adjudicating officer know, what happened when he got off the plane. Maybe he never mentioned he was here with his wife. My husband has been here to visit me twice- once he told them he was here visiting his wife and the second time he wasn't asked any questions at all. Convincing the officer at the port of entry to let you in has nothing to do with having the petition approved and it would be unfortunate if they assumed they were good to go because of that.

AOS in this sense is usually utilized by couples who met or married spontaneously during a visit and even then it's not always easy going. Unless they can prove he had a return ticket, a job, a house and many more obligations to return to, I don't think any USCIS officer will buy that he came to the U.S. with his wife for a visit and just happened to decide to stay.

While it may be possible to do this, it is completely disregarding the visa processes we are all going through right now. If it were that simple we'd all have our spouses over on the VWP and circumvent all the necessary procedures. You're already lucky enough to be eligible for DCF. If I was in your situation I'd go back and follow that route rather than risk having the AOS denied and be out of options. Best of luck though guys.

[meauxna 15]

You'll also probably have an uphill battle proving that when your spouse came to the U.S. with you it was just for a visit since you're already married...

How can you base that from what was written and posted here? Marriage to a citizen carries a higher bar of immigrant intent, but this guy was admitted. People who live outside of the US are allowed to visit. As he's already in, I'd suggest he already did convince the border agent that he was here for a visit.

Well it's not up to the person at his port of entry to adjust his status- it's up to the officer at USCIS to adjudicate it. We don't know, nor does that adjudicating officer know, what happened when he got off the plane. Maybe he never mentioned he was here with his wife. My husband has been here to visit me twice- once he told them he was here visiting his wife and the second time he wasn't asked any questions at all. Convincing the officer at the port of entry to let you in has nothing to do with having the petition approved and it would be unfortunate if they assumed they were good to go because of that.

It's really about an understanding about where the problem occurs, and the POE has much, much to do with it.

AOS in this sense is usually utilized by couples who met or married spontaneously during a visit and even then it's not always easy going. Unless they can prove he had a return ticket, a job, a house and many more obligations to return to, I don't think any USCIS officer will buy that he came to the U.S. with his wife for a visit and just happened to decide to stay.

Respectfully, do you have a citation for this?

I actually do believe a CIS officer could buy their story (as printed here, and there is a LOT of information missing) because it does happen.

While it may be possible to do this, it is completely disregarding the visa processes we are all going through right now. If it were that simple we'd all have our spouses over on the VWP and circumvent all the necessary procedures. You're already lucky enough to be eligible for DCF. If I was in your situation I'd go back and follow that route rather than risk having the AOS denied and be out of options. Best of luck though guys.

I disagree that it's completely disregarding the visa process; I think you are reading more into the OP than was actually put there.

[imaisha 0]

It's really about an understanding about where the problem occurs, and the POE has much, much to do with it.

If it was about what the officer at POE thought, no one's AOS would be rejected. Sure the "problem" of entering with the intent to immigrate may occur at POE, but the consequences are felt when AOS is denied and they have to leave the country immediately.

Respectfully, do you have a citation for this?

I actually do believe a CIS officer could buy their story (as printed here, and there is a LOT of information missing) because it does happen.

No I don't have a citation for it. I'm going based on the guides and the forums here, where adjusting status either happens from another visa or when the couple has just met. With an established relationship it gets a lot more complicated. If it was as simple as adjusting status from the VWP wouldn't we all have done that? And yes perhaps there is too much information missing for us to give them a better idea of what will happen.

I disagree that it's completely disregarding the visa process; I think you are reading more into the OP than was actually put there.

I don't think I'm reading any more into the OP than any one else. I'm not accusing them of anything. I'm sure they did come with honest intentions and just feel like staying. Unfortunately I don't hand out the green cards around here. When a negative outcome such as having to leave the country immediately is possible (and ending up with an overstay that might make reapplying quite difficult), I don't see how it could be worth the risk. They have a perfectly viable and uncomplicated option to pursue that would allow them to continue living together AND receive their visa in less time than most people. I suggest they follow that route. You can disagree if you like.

Edited June 23, 2009 by imaisha

[meauxna 15]

I don't think I'm reading any more into the OP than any one else. I'm not accusing them of anything. I'm sure they did come with honest intentions and just feel like staying. Unfortunately I don't hand out the green cards around here. When a negative outcome such as having to leave the country immediately is possible (and ending up with an overstay that might make reapplying quite difficult), I don't see how it could be worth the risk. They have a perfectly viable and uncomplicated option to pursue that would allow them to continue living together AND receive their visa in less time than most people. I suggest they follow that route. You can disagree if you like.

And absent the intent to immigrate at entry, there is nothing in the law that keeps them from genuinely changing their minds after they arrive.

You seem to have an interest in the topic. I'd really encourage you to expand your research if that is so, so you can understand where/when the problems actually do occur.