I-130 vs VWP and AOS - ASAP!

[homeagain5 0]

Hello and VJ and apologies if this is in the wrong place...

I am an American Citizen, living in the UK for 13+ years now. I have a British husband to whom I've been married for almost 8 years and we have two kids between us, aged 7 and almost 1.

Due to family tragedy Stateside, we very much want to move back to the US, and as quickly as possible. I have search and searched the internet and got a brief answer from justanswer online but was wondering if someone here could put my mind at rest either way...

I am trying to decide whether to file the petition here (in the UK) for my husband and wait until he is issued a green card before making plans to go back to the US, or to fly over, with him using the VWP and after a couple of months (but within the 90 days), apply for AOS. I have been told specifically the latter is possible, and I have seen a few bits online that suggest that, but first-hand feedback would make me feel better.

The reason for deciding to do it that way is because we do not want to have to wait around here for an indefinite period while things get processed. Once the process is started, you just have to sit and wait as long as it takes, and I really want to get home to my dad, but don't want to split up the family, especially with a baby. He is my spouse, we are already long married... it certainly isn't a marriage of convenience with two kids. The children have British passports, but US birthright. So if we do the I-130 route, I also have to do the declaration of their births abroad and get them SSNs and US Passports before travelling. If we go the VWP route for my husband, I would do the same for the kids and then register them from Stateside.

So, what is the concensus?

Cheers for your help!!

[sachinky 464]

The latter is visa fraud if you enter on VWP with prior intent to stay and adjust your status. It is not a recommended course of action as it carries a lifetime ban due to misrepresentation if the AOS is denied. It is also against the VJ terms of service to encourage illegal immigration activities. There is no appeal for a denied AOS from VWP.

If you both live in the UK together, DCF would be the best, cheapest and easiest option for you. You will be granted a 10 year GC (IR-1 visa) since you've been married for more than 2 years.

Good luck. Read up on the guides.

[canadian_wife 1,808]

The latter is visa fruad. You say you don't want to separate the family - the result of arriving on the VWP with intent to immigrate can result in a lifetime ban from the US and thus, separate your family. If this is what you want to avoid, do things the legal way. File directly with the consulate in the UK and that is the quickest way to making your UK husband a legal resident of the US. It may take longer than your VWP - AOS but it is the far better option in the long run.

Sorry about your situation.

Good luck.

[endless 0]

File in the UK, the DCF doesn't take as long as the other process. Don't try to fraud the US immigration, never.

You guys can also ask for a tourist visa in the mean time if you need to be in the States for 90 days during the process. I know that they say that they will not grant those during the process but they did it for me. All they wanted to know was that I was not going to try to trick them.

DCF is my opinion